Wellfit’s Privacy Policy

GENERAL. This Privacy Policy (“Privacy Policy”) governs the collection, use and disclosure of your Personal Information (as defined below) by your dental/medical office and Wellfit Technologies, Inc. (collectively, “we”, “us” or “our”)  in connection with your use of our sites, mobile sites, and mobile applications (collectively “Sites”), and information we collect from you or third parties through any other means to allow us to provide services to you or perform other business activities (collectively “Services”).  This Privacy Policy explains what information we collect about you, how we use or disclose that information, how to exercise any rights you may have with respect to your Personal Information, and the safeguards we have in place to reduce the risk of unauthorized access and use of your Personal Information.  By using our Sites and Services, you expressly consent to our collection, use, disclosure, and retention of your Personal Information as described in this Privacy Policy.  Your use of our Sites is also subject to the applicable Site’s Terms of Use.

TYPES OF DATA WE COLLECT. We may collect information that personally identifies, relates to, describes, or is capable of being associated with you (“Personal Information”) including:

• Account or Registration Information where needed to use our Sites and Services, which may include your name, address, email address, telephone number, birthday, user account name, and password;
• Payment Information needed to process payments which generally includes your credit or debit card number, expiration date, and card verification number;
• Personal Profile or Service Information which may include areas of interest, information from social media interactions (such as Facebook or Twitter), preferences, physical characteristics (such as height, weight), photographs and biographical, health information and/or demographic information (such as gender);
• Device and Browsing Information which may include your IP address, unique ID, device type, general location information such as region, which may be derived from your IP address, browser type, browser language, domain names, access times, date/time stamps, operating system, scrolling activity, Internet service provider and other similar device and browsing information;
• Transaction Information which may include information about how you interact with and use our Sites and Services, including as page views, links and items clicked, features used, time spent within the Services, and other activity and usage information, and how you interact with merchants, business partners, and service providers;
• Geographic Location Information, but only if your device transmits location data and/or your IP address and you have activated a location-enabled Site or Service;
• Dental/Medical Information where needed for the functionality and provision of certain Services, such as to connect you with your dental/medical provider and may include your dental/medical history, present symptoms, future conditions or treatments, savings plan, and any other dental/medical health information you or your dental/medical provider choose to provide to us.

USE OF INFORMATION. We may use any Personal Information collected from you for the following purposes:

• Services and Support. To allow you to maintain your account with us, provide and operate our Services, communicate with you about your use of the Services, provide troubleshooting and technical support, respond to your inquiries, communicate with you about the Services, and to otherwise run our day-to-day operations. 
• Analytics and Improvement. To better understand how users access and use the Services, and for other research and analytical purposes, such as to evaluate and improve our Services and business operations, to develop our Services and its features, and for internal quality control and training purposes. 
• Communicate With You. To respond to your inquiries, send you requested materials and newsletters, as well as information and materials regarding our Services and offerings, and to communicate with you through text regarding our Services. We also use this information to send administrative information to you, for example, information regarding the Services and changes to our terms, conditions, and policies.
• Marketing and Promotions. For example, to send you information about our Services, such as newsletters and other marketing content, including information about our events and new offerings, as well as any other information that you sign up to receive.
• Research and Surveys. To administer surveys and questionnaires, such as for market research or user satisfaction purposes.
• Security and Protection of Rights. To protect the Services and our business operations, and to protect our rights or those of our stakeholders; where we believe necessary to detect, investigate, prevent or take action regarding unauthorized access, illegal activities, suspected fraud or situations involving potential threats to the safety or legal rights of any person or third party.
• Compliance and Legal Process. To comply with applicable legal or regulatory obligations, including as part of a judicial proceeding; to respond to a subpoena, warrant, court order, or other legal process; or as part of an investigation or request, whether formal or informal, from law enforcement or a governmental authority.
• Auditing, Reporting, and Other Internal Operations. To conduct financial, tax and accounting audits; audits and assessments of our operations, privacy, security and financial controls, risk, and compliance with legal obligations; our general business, accounting, record keeping and legal functions, and to maintain appropriate business records and enforce company policies and procedures.
• General Business and Operational Support. To assess and implement mergers, acquisitions, reorganizations, bankruptcies, and other business transactions such as financings, and to administer our business, accounting, auditing, compliance, recordkeeping, and legal functions.

• We will share your PHI (as defined below) with third-party “business associates” who perform various activities (for example, billing, transcription services) for any dental/medical plan. The business associates will also be required to protect your PHI under Business Associate Agreements.

SHARING OF PERSONAL INFORMATION.  In addition to the use of your Personal Information, we may share your Personal Information in the following circumstances:

• Related Companies. We may share your Personal Information with companies that are affiliated with us (that is, that control, are controlled by, or are under common control with us).
• Service Providers. We may share your Personal Information with third parties who perform services for or on our behalf or help us run our business. Among other things, service providers may help us perform Site hosting, maintenance services, database management, web analytics, billing, payment processing, fraud protection, credit risk reduction, marketing, or any other use set out in this Privacy Policy.
• Advertising Partners. We participate in interest-based advertising. This means that our advertising partners may use technology (e.g., a cookie) to collect information about your activity on the Site and other online services to help us advertise our Services or use hashed customer lists that we share with them to deliver ads to them and similar users on their platforms.
• Affiliated Dental/Medical Providers. We may jointly offer events, promotions, or any other product or service offerings with our network of affiliated dental/medical providers. The Personal Information that you submit through an event, promotion, or other product or service offering offered with any of our network of affiliated dental/medical providers may be combined and transmitted with the registration information related to your account. Third party partners or clients may collect information directly from you, which may be combined with Personal Information disclosed by us. If you decide to request, enter into, or participate in an event, promotion, or other product or service offering that is offered by us and identified as a joint effort with an affiliated dental/medical provider, the information that you provide may be shared with us and with them.
• Professional Advisors. We may share Personal Information with persons, companies, or professional firms providing us with advice and consulting in accounting, administrative, legal, tax, financial, debt collection, and other matters.
• Business Transaction Participants. If we sell all or part of our business, make a sale or transfer of assets, or are otherwise involved in a corporate divestiture, merger, consolidation, acquisition, reorganization, dissolution, sale, or other disposition of all or any portion of the business or assets of, or equity interests in the business (including any affiliate), whether as part of a bankruptcy, liquidation, or similar proceeding, we may transfer your Personal Information to third parties as part of that transaction, including at the negotiation stage.
• Authorities and Relevant Third Parties. We may disclose Personal Information in response to subpoenas, warrants, or court orders, in connection with any legal process, to comply with relevant laws, or for the compliance and safety purposes described in the “Use of Personal Information” section above.

LINKED SITES AND SERVICES.  There are a number of places on our Sites where you may click on a link to access other Sites that do not operate under this Privacy Policy. For example, if you click on an advertisement or a search result on our Sites, you may be taken to a Site that we do not control. These third-party Sites may independently solicit and collect information, including Personal Information, from you and, in some instances, provide us with information about your activities on those Sites. We recommend that you consult the privacy statements of all third-party Sites you visit by clicking on the “privacy” link typically located at the bottom of the webpage you are visiting.   

YOUR CHOICES REGARDING YOUR INFORMATION.  Our Sites and Services may allow us to communicate with you or other users through our in-product instant messaging services, service-branded emails, SMS, and other electronic communication channels.

• Email Communications. We may periodically send you newsletters and e-mails that directly promote the use of our Services. You may opt-out of receiving these general communications by using one of the following methods: selecting the email “opt-out” or “unsubscribe” link or following the opt-out instructions included in each email communication; or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you Service-related communications, including notices of any updates to our Privacy Policy or our Site’s Terms of Use.
• SMS or Phone Call Communications. We may use your phone number to call you or send you SMS text communications. Such communications may involve treatment authorization, dispute or case grievances and resolution processes, or other administrative or transactional uses. You may opt-out of receiving these communications by following the opt-out instructions on the Sites or by contacting us directly at the address below.  You acknowledge that refusal to communicate via SMS or phone may impact your use of the Services, but is not a requirement for the use of the Services. Despite any opt-out, we may call you in the event of any disputes or any compliance or chargeback issues with any third parties, or as needed for administrative purposes.
• Changing or Deleting Your Personal Information. You may change any of your Personal Information within your settings or by sending an email to us at the address listed below. You may request deletion of your Personal Information by us, and we will use commercially reasonable efforts to honor your request, but please note that we may be required to keep such information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives or backups. We may also retain your information for fraud prevention or similar purposes.
• Applications. You can stop all collection of information from a mobile application by uninstalling the application. 
• Do Not Track Signals.   Do Not Track is a web browser privacy preference that causes the web browser to broadcast a signal to websites requesting that a user’s activity not be tracked. Currently, our Sites and Services do not respond to do not track signals.

SECURITY AND RETENTION.  We seek to protect your Personal Information from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Information and how we are processing that data. Although we work to protect the security of your data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

We retain Personal Information about you for as long as necessary to provide you with our Services. When establishing a retention period for specific categories of data, we consider who we collected the data from, our need for the Personal Information, why we collected the Personal Information, and the sensitivity of the Personal Information. In some cases we retain Personal Information for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation. We may further retain information in an anonymous or aggregated form where that information would not identify you personally (“Deidentified Information”) and use and disclose such Deidentified Information for any purpose permissible under applicable law without restriction. 

VISITING OUR SITES FROM OUTSIDE THE UNITED STATES.  This Privacy Policy is intended to cover collection of information on our Sites from residents of the United States. If you are visiting our Sites from outside the United States, please be aware that your information may be transferred to, stored, and processed in the United States where our servers are located and our central database is operated. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our Services, you understand that your information may be transferred to our facilities and those third parties with whom we share it as described in this Privacy Policy.

CHANGES TO THIS PRIVACY POLICY. We may revise this Privacy Policy from time to time and, if we do, we will update it on this page and modify the “Last Updated” date. If you use the Sites or Services after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.  Because our Privacy Policy can change at any time, we encourage you to reread it periodically to see if there have been any changes that affect you.

CHILDREN’S PRIVACY. Except with authorization from a parent or legal guardian, or as otherwise permitted by law, the Sites and Services are not intended for children under the age of 13 and we do not knowingly collect Personal Information from children under the age of 13. If we become aware that we have inadvertently received Personal Information from a child under the age of 13 without valid authorization or legally-permitted purpose, we will delete such information from our records.  

CONTACT US.  If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Information or your choices and rights regarding such collection and use, please email us at info@wellfit.com, call us at (855) 493-5534 (Business Hours: 7:00 am to 6:00 pm CST), or send us a letter to the following address:

Wellfit Technologies, Inc. 

433 E. Las Colinas Blvd., Suite 900
Irving, TX 75039

ATTN: Wellfit Legal Department

HIPAA.  Our Sites and Services may also collect, disclose, use and store protected health information (“PHI”), which is information about you, (including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition and related dental/medical services) that you submit to us. Our collection, disclosure, use, and storage of PHI is governed by the Health Insurance Portability and Accountability Act (“HIPPA”).

We may only use and disclose your PHI  to provide Services to you, except under certain exceptions, we may use and disclose your PHI: (i) to carry out our legal obligations; (ii) to perform data aggregation services in de-identified form and (iii) to subcontract some of our Services; provided that, any disclosures are only made after we obtain reasonable assurances from the party to whom the PHI is disclosed that such PHI will be held confidentially and used or further disclosed only as required by law or for the purpose for which it was disclosed to such party.

HOW TO ACCESS, CHANGE, OR REMOVE YOUR PHI.  Subject to certain exceptions, HIPAA establishes rights with respect to your PHI. These rights generally include the right to restrict the uses and disclosures of your PHI, the right to access and receive a copy of your PHI, the right to amend your PHI, and the right to receive an accounting of the disclosures of your PHI. If you wish to exercise any of these rights, please contact your dental/medical provider.