privacy policy

Thank you for choosing to be part of our community at HealthMotivate (“Company”, “we”, “us”, or “our”). We are committed to protecting your personal information and your right to privacy. If you have any questions or concerns about our policy, or our practices with regards to your personal information, please contact us at info@healthmotivate.org.

When you visit our website at http://healthmotivate.digital, use our mobile HealthMotivate mobile application (the “App” or “HealthMotivate”), or otherwise use our services (collectively, the “Services”), you trust us with your personal information. We take your privacy very seriously. In this Privacy Policy, explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. We hope you take some time to read through it carefully, as it is important. If there are any terms in this Privacy Policy that you do not agree with, please discontinue use of our Services.

This Privacy Policy applies to all information collected through Services.

Please read this Privacy Policy carefully as it will help you make informed decisions about sharing your personal information with us.

TABLE OF CONTENTS

1. WHAT INFORMATION DO WE COLLECT?

2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

3. HOW LONG DO WE KEEP YOUR INFORMATION?

4. HOW DO WE KEEP YOUR INFORMATION SAFE?

5. DO WE COLLECT INFORMATION FROM MINORS?

6. DO EUROPEAN UNION AND UNITED KINGDOM LAWS PROVIDE ANY DATA RIGHTS?

7. DO STATE LAWS PROVIDE ANY DATA PRIVACY RIGHTS?

8. DO WE MAKE UPDATES TO THIS POLICY?

9. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

1. WHAT INFORMATION DO WE COLLECT?

Information automatically collected

In Short: Some information – such as your IP address and/or browser and device characteristics – is collected automatically when you use our Services.

We automatically collect certain information when you visit, use or navigate the Services. This information does not reveal your specific identity (like your name or contact information), but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our Apps and other technical information. This information is primarily needed to maintain the security and operation of our Apps, and for our internal analytics and reporting purposes.

Within the App are a collection of plans and trackers that allow you to automatically record health and lifestyle activities. These metrics are saved on our servers and are also shared with your healthcare providers or healthcare coaches (collectively, the “Providers”) if you have agreed to their affiliation invitation.

Our Website may use automatic data collection technologies to enhance the user experience and to collect helpful information about visitors.We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services. The information we collect automatically is not personal information and may include IP addresses, internet tags and navigational data (server log files), which may be used by us or shared with third parties. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. The automatic data collection technology that we use on the Website may include the following:

• Cookies (or browser cookies). Cookies are pieces of data stored on the user’s hard drive containing information about the user.Cookies are used to help us understand your preferences based on previous or current site activity, which enables us to provide you with improved services.
• Flash Cookies. Certain features of our Platform may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Platform. Flash cookies are not managed by the same browser settings as are used for browser cookies.
• Web Beacons. Pages of the Platform and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs).

The Company will not share any information collected through cookies with any third-party, except to the extent they are performing services on our behalf.

Information Collected Through our App

In Short: We may collect information regarding your mobile device when you use our Services.

If you use our App, we may also collect the following information:

Physiologic Data that You Enter: We collect various types of data entered by you such as blood pressure readings, and biometric data.

Use of Health Plans and Lifestyle Trackers: HealthMotivate’s closed content library provides users with comprehensive health plans and lifestyle trackers. These resources enable users to set personalized health objectives and journal their daily progress. To utilize these features, users must install the appropriate plans and trackers from our library within the App.

Data Integration with Google Fit, Apple HealthKit, Fitbit, and Other Third-Party Services: HealthMotivate allows users to integrate data from third-party health apps, devices, and services into the App, which may include Google Fit, Apple HealthKit, Fitbit, and other third party services. To initiate this process, users must grant the HealthMotivate app explicit permission to synchronize specified data from these external sources. This integrated information can enhance the functionality of HealthMotivate’s health plans and lifestyle trackers, providing a more personalized and detailed health and lifestyle analysis. We will not share any of your information with these services without your permission. HealthMotivate is in no way responsible for the protection of any of your information that you store with third party services. These services use and disclose your personal information as described in their respective privacy policies.

HealthMotivate’s use of information received from Google APIs will adhere to the Google API Services User Data Policy found out https://developers.google.com/terms/api-services-user-data-policy, including the Limited Use Requirements.

Additional Limits on Use of Your Google User Data: Notwithstanding anything else in this Privacy Policy, if you provide HealthMotivate with access to the following types of your Google data, HealthMotivate’s use of that data will be subject to these additional restrictions:

• HealthMotivate will only use such access to read Google Fit data, including but not limited to activity, location, sleep, and other health and wellness data, and will not transfer this data to others, except to your Providers, unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.
• HealthMotivate will not use this data for serving advertisements.
• HealthMotivate will not allow humans to read this data unless we have your affirmative agreement for specific content, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for HealthMotivate's internal operations and even then, only when the data have been aggregated and anonymized.

Uninstallation and Data Discontinuation: Users retain the right to uninstall health plans or trackers from the App or halt data collection from third-party apps or devices integrated with the App at any point. To do so, users can modify the settings within the App or the respective third-party app or device. This ensures that our users maintain control over this data and its usage.

Purpose for Data Collection

Our primary objective is to foster a strong connection between users of our Services and their Providers, thereby promoting a healthy collaboration. To fulfill this goal, it is important that we collect the data specified above and, as set forth below, share such data with your Providers is imperative.

We also use the data we collect to make our products and services better and to improve your experience. We DO NOT use the data you enter to provide you with medical advice or to replace your professional medical care providers. We may also anonymize your personal information for our business purposes.

2. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

In Short: We will only share your information with your consent, to comply with laws, to protect your rights, to provide you with our products or services, or to fulfill our business obligations.

Specifically, we only share and disclose your information in the following situations:

1. Affiliation. If you agree to an affiliation with a healthcare provider via the App.
2. Compliance with Laws. We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).
3. Vital Interests and Legal Rights. We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.
4. Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
5. With your Consent. We may disclose your personal information for any other purpose with your consent.
6. Provider Affiliation: The affiliation of you with the Providers via the App is exclusively facilitated via email invitations dispatched by the respective care teams. Upon the acceptance of the invitation, the health and lifestyle data chronicled in the App will become accessible to your Provider(s) who are contracted with us. This access serves to enable Providers to oversee your advancement towards health objectives and to offer valuable feedback.
7. Unaffiliation and Data Sharing: If you wish to cease data sharing with your Providers, you can sever the affiliation within the App while maintaining your HealthMotivate account for continued service utilization.

3. HOW LONG DO WE KEEP YOUR INFORMATION?

In Short: We keep your information for as long as necessary to fulfill the purposes outlined in this Privacy Policy unless otherwise required by law.

We will only keep your personal information for as long as it is necessary for the purposes set out in this Privacy Policy, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements).

When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

Account Deletion: If you opt to delete you HealthMotivate account, you will consequently discontinue the affiliation with your Providers via the App. In such an event, your Providers will be notified about your request and a grace period of 90 days will be permitted for the final recording of chart notes. Post this period, your account and your related data will be deleted from our system or anonymized.

4. HOW DO WE KEEP YOUR INFORMATION SAFE?

In Short: We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented reasonably appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, we cannot guarantee that our systems or the internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from the Services is at your own risk. You should only access the Services within a secure environment.

Our servers are based in the United States, and so data about users is transferred from around the world to be processed in the United States, where it is subject to applicable local, state, and federal laws of the United States.

We may include links to third-party websites via the Services.These third-party sites have separate and independent privacy policies.We therefore has no responsibility or liability for the content and activities of these linked websites.We encourage you to read the privacy policies of each of these third-party websites.

5. DO WE COLLECT INFORMATION FROM MINORS?

In Short: We do not knowingly collect data from or market to children under 18 years of age.

We do not knowingly solicit data from or market to children under 18 years of age. By using the Services, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. If we learn that personal information from users less than 18 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 18, please contact us at info@healthmotivate.org.

6. DO EUROPEAN UNION AND UNITED KINGDOM LAWS PROVIDE ANY DATA RIGHTS?

In Short: The European Union and/or the United Kingdom may grant you specific rights regarding your personal information.

Under European Union and United Kingdom data protection laws, to the extent applicable, you may have certain data protection rights which may be subject to limitations and/or restrictions, including: (i) the right to request access to and, rectification or erasure of your personal information; and (ii) the right to ask us to restrict the processing of your personal information. You may also have a right to object to processing of your personal information where carried out for our legitimate interest or direct marketing. To exercise your rights under this Privacy Policy, please send your request to info@healthmotivate.org. Individuals may also have a right to lodge a complaint about the processing of their Personal Information with their local data protection authority.

7. DO STATE LAWS PROVIDE ANY DATA PRIVACY RIGHTS?

In Short: Certain states may grant you specific rights regarding your personal information.

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information.

To learn more about California residents' privacy rights, please see the California Consumer Privacy Act Addendum attached to this Privacy Policy.

Certain states, including but not limited to Colorado, Connecticut, Virginia, and Utah, each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.

Additionally, certain states, including but not limited to Colorado, Connecticut, and Virginia, also provide their state residents with rights to:

• Correct inaccuracies in their personal information under our control, taking into account the information's nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any rights under applicable state laws, please contact us at info@healthmotivate.org, and include the email address associated with your account and a statement that you reside in a specific state that grants you with rights to control your data. To appeal a decision regarding a consumer rights request, please send an email message to info@healthmotivate.org.

8. DO WE MAKE UPDATES TO THIS POLICY?

In Short: Yes, we will update this policy from time-to-time.

We may update this Privacy Policy from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy policy, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this Privacy Policy frequently to be informed of how we are protecting your information.

9. HOW CAN YOU CONTACT US ABOUT THIS POLICY?

If you have any further questions or comments about us or our policies, email us at info@healthmotivate.org or by post to:

HealthMotivate
619 S Washington St., Suite 203
Moscow, ID 83843
United States
Phone: (208) 892-1346
Fax: (208) 892-8306

CALIFORNIA CONSUMER PRIVACY ACT ADDENDUM

This California Consumer Privacy Act Addendum supplements the information contained in the Privacy Policy for the Services operated by Health Motivate (“Company,” or “we” or “us”), including but not limited to http://healthmotivate.digital and the HealthMotivate mobile application, and applies to all users of the Services who reside in the State of California ("consumers" or "you"). We adopt this Addendum to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and any terms defined in the CCPA have the same meaning when used in this Addendum.

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information"). Personal information does not include:

• Publicly available information from government records.
• Deidentified or aggregated consumer information.
• Information excluded from the CCPA's scope, including health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA).

In particular, we have collected the following categories of personal information from its consumers within the last twelve (12) months:

Collecting, Using, and Sharing Personal Information

Please see our Privacy Policy above for details about how we collect, use, and share and use your personal information.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Company has disclosed following categories of personal information for a business purpose:

• Category A: Identifiers.
• Category B: California Customer Records personal information categories.
• Category C: Protected classification characteristics under California or federal law.
• Category D: Commercial information.
• Category E: Biometric information.
• Category F: Internet or other similar network activity.
• Category G: Geolocation or movements.
• Category K: Inferences drawn from other personal information.

We have disclosed your personal information for a business purpose to service providers.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request (see section below titled “Exercising Access, Data Portability, and Deletion Rights”), we will disclose to you:

• The categories of personal information we collected about you.
• The categories of sources for the personal information we collected about you.
• Our business or commercial purpose for collecting or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:

• Sales, identifying the personal information categories that each category of recipient purchased; and
• Disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

We do not provide these access and data portability rights for business-to-business personal information.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request (see section below titled “Exercising Access, Data Portability, and Deletion Rights”), we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

1. Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
3. Debug products to identify and repair errors that impair existing intended functionality.
4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
6. Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent.
7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
8. Comply with a legal obligation.
9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

We do not provide these deletion rights for business-to-business personal information.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

• Emailing us at info@healthmotivate.org
• Visiting http://healthmotivate.digital

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you.

Making a verifiable consumer request does not require you to create an account with us.

We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Other California Privacy Rights

California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our Platform that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to info@healthmotivate.org.

Changes to this Addendum

We reserve the right to amend this Addendum at our discretion and at any time. When we make changes to this Addendum, we will post the updated Addendum on the Platform and update the Addendum's effective date. Your continued use of our Platform following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this Addendum, the ways in which Company collects and uses your information described here and in the Privacy Policy, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

• Website: http://healthmotivate.digital
• Email: info@healthmotivate.org

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