The application of this Policy is subject to applicable laws, regulations, and the orders or lawful requests of courts or legal authorities.
We take commercially reasonable steps to protect the integrity and confidentiality of personally identifiable and health information that you may share with us. We comply with the HIPAA security rule for administrative, technical, and physical security safeguards and have third party assessments of our controls performed annually. However, please be aware that no security measures are perfect or impenetrable and we cannot guarantee the absolute security of your information.
We will do our part to protect your information, but it is important for you to protect your information as well. Additionally, we do not control the actions of anyone with whom you or any other TWC user may choose to share information. As such, you should be cautious about the access you provide to others when using TWC, and the information you choose to share when using the TWC Services.
- Categories of Information We May Collect From You.
“Personal Information” is anything that identifies, relates to, describes, is capable of being associated with, or could be reasonably linked, directly or indirectly, to you. Examples of Personal Information include your:
Personal Information we collect might include, but is not limited to, your name, email address, telephone number, sex, date of birth, marital status, physical or emotional characteristics, bank account number, any identifier we may use to contact you, other personally identifiable information that you may choose to add to your User account profile in our App, records, and copies of your correspondence with us and with your Authorized Provider through our App.
Protected Health Information
“Protected Health Information” is a subset of Personal Information that is protected by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations (collectively, “HIPAA”). As stated above, we may receive Protected Health Information about you from Authorized Providers and the information you provide to us in connection with Services (such as the specific TWC MD services that you may receive from a The Wellness Company Authorized Provider) may be Protected Health Information.
“Non-Personal Information” means information that does not permit us to identify, contact or locate you. For example, your device model number and manufacturer, and state of residence are Non-Personal Information unless linked to your Personal Information. If we combine or link your Non-Personal Information with Personal Information (such as combining your name with your device model), we will treat the combined information as Personal Information so long as it is combined.
- Information We Collect from You Automatically.
Cookies and IP Addresses
The Services may use “cookie” technology and similar technology to gather information from our visitors such as which pages are used and how often they are used, and to enable certain features on the Services. In some jurisdictions, this is considered Personal Information.
Your “IP Address” (a number that is automatically assigned to the computer or other device that you are using by your internet service provider) may be identified and logged automatically in our server log files whenever you access the Services, along with the time of the visit and the page(s) that were visited. IP Addresses are automatically collected by many websites, applications, and other services. We may use IP Addresses for purposes such as calculating usage levels of the Services, helping diagnose server problems, and administering the Services.
“Location Information” is a subset of Personal Information that can be used to locate the device you use to access the Services. Location Information may include: (i) with your consent, the location of the device you used to access the Services; (ii) the IP address of the device or internet service used to access the Services, and (iii) other information made available by a user or others that indicates the current or prior location of the user. If you do not want us to collect Location Information from your device, please disable the location setting(s) on your device or delete the Apps. Please note that disabling the location setting may affect certain features of the Services.
“Usage Data” is information that we automatically collect about your use of the Services and your device. This type of information does not usually, by itself, uniquely identify an individual, and may include your web browser and operating system, device model and manufacturer, and your activity on the Services. If Usage Data is combined with or linked to Personal Information, then we treat it as Personal Information. If the Usage Data cannot be used to identify, contact or locate you, then it is Non-personal Information and will not be treated as Personal Information.
Do Not Track
Some web browsers have “Do Not Track” or similar features that allow you to tell each website you visit that you do not want your activities on that website tracked. Presently, the Services do not respond to “Do Not Track” signals and, consequently, the Services will continue to collect information about you even if your browser’s “Do Not Track” feature is activated. The only way to completely “opt out” of the collection of any information through cookies or other tracking technology is to actively manage the settings on your browser or mobile device to delete and disable cookies and other tracking/recording tools.
- Third-Party Service Providers.
TWC uses a third-party service provider, Amazon Web Services (“AWS”) to host servers; track and prevent errors in our software; and to send, receive and track emails and User login invitations. These third-party service providers may have access to Personal Information and Personal Health Information as an incidental result of the services provided by such third parties to TWC, but the access of such third parties to such information is strictly controlled in accordance with the safeguards detailed below.
While using our platform, you may choose to authorize TWC and its third-party contractors or affiliates to retrieve and disclose your health records and protected health information. These records may not be a complete 100% comprehensive record, and these records may not be useful for diagnostic purposes. These health records will be shared with Authorized Providers to ensure great healthcare services. TWC does not alter or modify medical records received from its third parties. If at any time you wish to revoke this authorization, you may do so by deleting your profile on the TWC app.
- Information Provided By Your Authorized Provider.
Your Authorized Provider may record in our Platform, information such as interactions with you, test results, evaluations, records and notes consistent with treatment and other information related to your mental health. By using our Platform, you agree that your chosen Authorized Provider are authorized to disclose your Personal Information and Personal Health Information to us.
- Purpose for Collecting Information.
We may use information you provide for various purposes, which include:
- Providing you the Services and Fulfilling Your Requests: registering you, administering your account, and providing you the information, products, and services that you request. For example, we respond to your questions when you contact us and assist with any problems you report about our Services;
- Communicating with You. For example, sending you information and promotional materials that we think might be of interest to you. You may unsubscribe from receiving marketing emails from us by using the unsubscribe link in the marketing email or by sending an email to firstname.lastname@example.org;
- Providing, Maintaining, and Improving Our Business: Improving the functionality of our Services, such as data analysis, audits, developing new products, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns, and operating and expanding our business activities;
- Enhancing Your Experience: Personalizing and enhancing your experience when you use the Services, such as tailoring content and advertising and remembering your preferences.
- Combine with Other Information: Linking or combining with information we get from other sources to help understand your needs and provide you with a better experience; and
- At Your Direction: Carrying out any other purposes specifically disclosed at the time we request your information
We may also de-identify your information or aggregate your information with other users of the Services (“Aggregate Information”). This Aggregate Information is not Personal Information, because it cannot be used to identify you and may be used by us for any lawful purpose. If Aggregate Information is re-identified, it will be treated as Personal Information.
- Who We May Share Information With.
We may share your information with other parties for various business purposes:
- Among our Affiliates:We may share your Personal Information internally among our business units, affiliates, parents, and subsidiaries.
- Business Associates: We may also disclose Protected Health Information to our business associates that perform functions on our behalf or provide us with services if the information is necessary for such functions or services. All business associates are obligated to protect the privacy of your information and are not allowed to use or disclose any information other than as specified in our contract.
- With Vendors: We may share your information with our vendors (including third party hosting providers) that provide services on our behalf, such as for online account access, email marketing, advertising, promotions, newsletters, and hosting for the Services.
- With Authorized Providers to Provide Services: We may share your information with our Authorized Providers for whom we provide services or to provide you our Services, and generally to improve our service offerings.
- In the Event of a Corporate Transaction: In the event we go through a business transition, such as a merger, acquisition, divestiture, restructuring, reorganization, dissolution, bankruptcy or sale of all or a portion of our assets, we may disclose your information to the party or parties of such transaction.
- For Legal Purposes: We will disclose your information when we think it is necessary to investigate or prevent actual or expected fraud, criminal activity, injury or damage to us or others or when otherwise required by law, regulation, subpoena, or court order, or if necessary to protect our rights.
- At Your Direction: We will share your information with third parties if and when you direct us to. For example, if you request that we share your information with one of our business partners to take advantage of a product or service that partner offers, we will share your information with that business partner.
TWC does not sell any Personal Information we collect about you. We may, however, share Aggregate Information about our users in all legally permissible ways.
- How We Protect Your Personal Information and Personal Health Information.
The safety and security of your Personal Information and Personal Health Information is very important to TWC. While we cannot guarantee complete protection of your Personal Information or Personal Health Information, we follow commercially reasonable practices to protect Personal Information and Personal Health Information collected from you against accidental loss and unauthorized access, use, alteration, disclosure, and destruction.
We store all Personal Information and Personal Health Information with AWS. AWS is responsible for the hosting and security of all servers, databases and applications in a secure cloud and AWS is certified as compliant with ISO Standard 27018 Code of Practice for personal identifiable information (PII) protection in public clouds acting as PII processors. In addition to the independent certification process under ISO27018, the ISO Standard also includes the right to audit AWS for compliance.
When you purchase our App, Braintree may collect your credit card information (“Payment Information”) to process your payments on our behalf.
Because the transmission of information via the Internet is not completely secure, any transmission of Personal Information or Personal Health Information is at your own risk. Although we maintain security measures to maintain the integrity of the data in our care, including the encryption of all Personal Information and Personal Health Information, while in transit or at rest, we are not responsible for circumvention of any of our privacy settings or security measures. Your Personal Information and Health Information may be transmitted over various networks and may be subject to changes to confirm and adapt to technical requirements of connected networks or devices. We urge you to be cautious about giving out information in any public areas of our Platform.
Safeguard measures to ensure authorized access to your account on our Platform include the use of a username and a password for authentication. You are responsible for keeping your personal password and username private. Please contact us immediately if you believe that your password has been compromised or misused.
Access to private, sensitive and confidential information, including your Personal Information and Personal Health Information, is restricted to TWC, Authorized Providers, and other independent contractors or employees of TWC, who are required to abide by our privacy standards.
Our Services may contain links or references to other websites and services owned or operated by third parties. These third-party platforms and websites are not governed by this policy. This policy does not extend to the collection of information by third parties, and we are not responsible for the privacy practices, policies, or actions of third parties. When visiting third-party websites or platforms, you do so at your own risk, and you assume all responsibility associated with the same. We encourage you to review the privacy policies and terms and conditions of each website and platform visited prior to using them or disclosing information to third parties.
- Opting out of Marketing Communication.
You may opt out of receiving email marketing by unsubscribing using the unsubscribe link provided in all of our marketing email communications.
- Advertising and Analytics Services Provided By Others.
TWC believes it is particularly important to protect the privacy of minors online. TWC defines a “minor” as any person less than 13 years of age. TWC does not knowingly collect Personal Information about minor users without a parent’s or legal guardian’s permission or knowingly share Personal Information about minor users with third parties without a parent’s or legal guardian’s permission. If we learn we have received Personal Information directly from a child under age 18, we will use that information only to respond directly to that child (or his or her parent or legal guardian) to inform the child that he or she cannot use the Services and will make commercially reasonable efforts to delete such information.
- Your California Privacy Rights.
The California Consumer Privacy Act (CCPA), effective January 1, 2020, grants California residents certain privacy rights with respect to their Personal Information. If you are a California resident subject to the protections of the CCPA, you have the following rights to the extent required by law:
The right to know. You have the right to know (i) the Personal Information that we collect, use, disclose or sell; and (ii) the categories of Personal Information that we collected about you in the preceding 12 months, the sources for that Personal Information, the business purpose for which that Personal Information was collected, the categories of such Personal Information that was shared or sold, the categories of third parties with whom that Personal Information was shared or sold, and the business purpose for which that Personal Information was shared or sold.
The right to access. You have the right to access a copy of the specific Personal Information that we have collected about you to the extent required under the CCPA. You may request this copy to be delivered either by mail or electronically.
The right to deletion. You have the right to request that we delete the Personal Information that we or a third party with whom we shared your Personal Information maintain about you to the extent required under the CCPA. There may be circumstances under which we or the third party are unable to delete your Personal Information, such as if we need to comply with our legal obligations or complete a transaction for which your Personal Information was collected or we cannot verify your identity. If we are unable to comply with your request for deletion, we will let you know the reason why.
The right to opt out of the sale of your Personal Information. Please note that TWC does not and will not sell any Personal Information we collect about you.
The right to equal service. If you choose to exercise any of your rights under the CCPA, we will not discriminate against you in any way. If you exercise certain rights, such as deleting your account, you may be unable to use or access certain features of the Services.
If you are a California resident and would like to exercise any of these rights, please send an email to email@example.com. An authorized representative may exercise these rights on your behalf so long as they present a power of attorney or other legally binding document evidencing the representative’s authority. Please note that we will require you or your authorized representative to provide us with certain personal identifiers to verify your/your representative’s identity when your rights are exercised. Please note further that: (a) if we maintain your Personal Information on behalf of a third party, we may refer you to that third party to exercise your rights; and (b) certain health care providers and information, such as Protected Health Information and “Medical Information” (as defined under California’s Confidentiality of Medical Information Act), may be exempted from the CCPA. This means that we and certain health care providers may not be required to honor the above rights and instead we comply with our obligations under other laws, such as HIPAA and the Confidentiality of Medical Information Act. We will respond to a request to exercise rights under the CCPA in accordance with the timeframe and process required under the CCPA. If we deny a request, we will explain the basis for the denial.
TWC does not offer financial incentives or price differences in exchange for retention or sale of Personal Information.
- Changes to this Policy.
By continuing to access or use the Services following such changes, you will be deemed to have agreed to such changes. You are responsible for ensuring that we have an up-to-date, active, and deliverable email address for you and for periodically visiting this Policy to check for any changes.
- Correcting or Updating Information and Withdrawing Consent.
It is important that the Personal Information and Personal Health Information we hold about you is accurate and current. The accuracy, integrity and completeness of your Personal Information and Personal Health Information you input into our App or allow someone to input into our App on your behalf, is your responsibility. Please keep us informed if your information changes. By law, you have the right to request access to and to correct the Personal Information and Personal Health Information that we hold about you. You may contact us if you would like to review, verify, correct, or withdraw consent to the use of your Personal Information or Personal Health Information. We may request certain Personal Information for the purposes of verifying the identity of the individual seeking access to their Personal Information or Personal Health Information records.
We may not accommodate a request to view or change information if we believe that:
- The identity of the person requesting access cannot be confirmed;
- The information is not readily retrievable, and the burden or cost of providing it would be disproportionate to the nature or value of the information;
- The requested information does not exist, is not held or cannot be found;
- Disclosure of the information would compromise the confidentiality of another individual or threaten the safety of another person; and/or
- Non-disclosure of the information is required or permitted by law.
Where a request for access to information is made, to protect vulnerable populations, TWC reserves the right to verify communications, including with your Authorized Provider, before taking action. Where a request for access or alteration of Personal Information or Personal Health Information is declined, the individual making the request will be provided with the reason(s) for declining the request, subject to any legal or regulatory restrictions.
- Cross Borders Transfers.
- Contacting Us.
TWC has appointed a designated privacy contact who acts as Chief Privacy Officer (“CPO”) responsible for information system monitoring and information security policy and procedure management by (i) undertaking privacy impact assessment and threat and risk assessments on a regular basis and (ii) adopting policies and procedures based on privacy impact assessment and threat and risk assessments to mitigate all identified risks, updated as necessary.
If you have any questions on the Facility’s privacy practices or for clarification on anything contained within the Notice, please contact:
The Wellness Company
3333 South East 2nd Avenue,
Miami, FL 33131
Email Address: firstname.lastname@example.org
Phone: (800) 758 - 1584
Information we collect
The personal information that you are asked to provide, and the reasons why you are asked to provide it, will be made clear to you at the point we ask you to provide your personal information.
If you contact us directly, we may receive additional information about you such as your name, email address, phone number, the contents of the message and/or attachments you may send us, and any other information you may choose to provide.
When you register for an Account, we may ask for your contact information, including items such as name, company name, address, email address, and telephone number.
How we use your information
We use the information we collect in various ways, including to:
- Provide, operate, and maintain our website
- Improve, personalize, and expand our website
- Understand and analyze how you use our website
- Develop new products, services, features, and functionality
- Communicate with you, either directly or through one of our partners, including for customer service, to provide you with updates and other information relating to the website, and for marketing and promotional purposes
- Send you emails
- Find and prevent fraud
The Wellness Company follows a standard procedure of using log files. These files log visitors when they visit websites. All hosting companies do this and a part of hosting services’ analytics. The information collected by log files include internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date and time stamp, referring/exit pages, and possibly the number of clicks. These are not linked to any information that is personally identifiable. The purpose of the information is for analyzing trends, administering the site, tracking users’ movement on the website, and gathering demographic information.
Cookies and Web Beacons
Like any other website, The Wellness Company uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.
Advertising Partners Privacy Policies
Note that The Wellness Company has no access to or control over these cookies that are used by third-party advertisers.
Third Party Privacy Policies
You can choose to disable cookies through your individual browser options. To know more detailed information about cookie management with specific web browsers, it can be found at the browsers’ respective websites.
CCPA Privacy Rights (Do Not Sell My Personal Information)
Under the CCPA, among other rights, California consumers have the right to:
Request that a business that collects a consumer’s personal data disclose the categories and specific pieces of personal data that a business has collected about consumers.
Request that a business delete any personal data about the consumer that a business has collected.
Request that a business that sells a consumer’s personal data, not sell the consumer’s personal data.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
GDPR Data Protection Rights
We would like to make sure you are fully aware of all of your data protection rights. Every user is entitled to the following:
The right to access – You have the right to request copies of your personal data. We may charge you a small fee for this service.
The right to rectification – You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
The right to erasure – You have the right to request that we erase your personal data, under certain conditions.
The right to restrict processing – You have the right to request that we restrict the processing of your personal data, under certain conditions.
The right to object to processing – You have the right to object to our processing of your personal data, under certain conditions.
The right to data portability – You have the right to request that we transfer the data that we have collected to another organization, or directly to you, under certain conditions.
If you make a request, we have one month to respond to you. If you would like to exercise any of these rights, please contact us.
Another part of our priority is adding protection for children while using the internet. We encourage parents and guardians to observe, participate in, and/or monitor and guide their online activity.
The Wellness Company does not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information on our website, we strongly encourage you to contact us immediately and we will do our best efforts to promptly remove such information from our records.