Our Commitment To Privacy
(II) REPRESENT AND WARRANT that you are 18 years of age or older;
(IV) Represent, WARRANT, AND COVENANT that you HAVE obtained ADEQUATE consent AND WRITTEN AUTHORIZATION from each individual AND/OR ENTITY as required under applicable law to enable you to lEGALLY VIEW, ACCESS, USE, collect, STORE, SUBMIT, UPLOAD, transmit, disclose, share with, AND OTHERWISE PROVIDE TO us and our service providers ANY AND ALL INFORMATION, CONTENT, MATERIALS, FILES, AND/OR DATA THAT YOU HAVE or will INPUT INTO THE WEBSITE AND/OR THE APPLICATION AND/OR THAT YOU CAUSE TO BE TRANSMITTED TO OR FROM OR SHARED THROUGH THE WEBSITE AND/OR THE APPLICATION OR WHICH YOU OTHERWISE PROVIDE TO US OR OUR SERVICE PROVIDERS IN CONNECTION WITH THE SERVICES including, without limitation, your OR YOUR EMPLOYEES’ PERSONALLY IDENTIFIABLE INFORMATION AND ANY USER-PROVIDED DATA.
The Website and the Application Are Not Intended For Use By Individuals Under 18 Years of Age
We do not knowingly collect personal information, including Personally Identifiable Information, directly from anyone under 18. If you are under 18, do not: (i) use or directly provide any information or User-Provided Data on the Website or the Application or otherwise provide us with Personally Identifiable Information or (ii) directly provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we do inadvertently collect Personally Identifiable Information from individuals under the age of 18 and we become aware of same, we will delete this Personally Identifiable Information from our (and our Service Providers’) systems and servers.
Collection of Information
The Website, the Application and our Services are intended to be used by Organizations (including their Authorized Users) and their Employees participating or interested in participating in an Employee Wellness Plan or otherwise obtaining our Services.
We collect or are provided with several types of information from and about users of our Website, Application, and Services, namely:
· Your Personally Identifiable Information and other information that you provide directly to us or our Service Providers via the Application or the Website or in connection with any Services or otherwise so that we or our Service Providers can (i) create and/or verify your Account and provide you access to the Account Services or other Services (as applicable); (ii) contact you to respond to your inquiries about the Website, the Application, and/or any related Services offered by Spark360 including but not limited to, pricing, special promotions and discounts; (iii) communicate with you in connection with feedback or other messages you submit to us; (iv) interact with you and otherwise provide you with the Account Services or other Services (including, for example, health and wellness information tracking (such as number of steps per day, calorie intake, weight loss and the like), health and wellness coaching services, health service scheduling (such as biometric screening), company wellness and incentive program progress, and the ability to view, analyze, and interact with certain User-Provided Data and run Reports); (v) otherwise use such information for the reason why you provided it; and (vi) provide your company with reports to determine if incentives have been earned.
· Website and/or Application usage details, IP addresses, mobile device information, location information, traffic information , and other information collected through cookies, web beacons, and other tracking technologies automatically as you navigate through the Website and/or the Application (See Tracking Technologies below) so that we can enhance your user experience;
· Information about your device used to access the Website or the Application, including the device’s unique identifier, IP address, operating system, browser type, mobile network information, and the mobile device’s telephone number so that we can enhance your user experience;
· If you are an Employee, your Organization or insurer may provide us with your Employee Onboarding Information at or around the time your Organization enters into a Service Agreement with us or at or around the time of your employment with the Organization (whichever is later), which comprises your name, address, gender, date of birth, certain health information from your Organization’s insurer, your employee ID number, and your social security number, and your insurer or Organization may provide us with updated health information from time to time so that we can set up your Account, personalize the Services, your Account and your experience using the Website and the Application or our Services, and health and wellness coaching services;
Use and Sharing of Information
Notwithstanding the foregoing, we will release information, which may include Personally Identifiable Information, as required by law to comply with any valid legal inquiry or process such as a search warrant, subpoena, statute or court order. We will also release specific information, which may include Personally Identifiable Information, in special cases, such as if there is an attempted breach of the security of the Website or the Application or a physical or property threat to you or others. We may also transfer user information, including Personally Identifiable Information, in connection with a corporate merger, consolidation, a sale of stock or assets, corporate division, or other fundamental corporate change.
We may also provide access to your Personally Identifiable Information and other User-Provided Data you submit to us to our Service Providers to assist us in providing the Website, the Application and/or any Services. Similarly, these Service Providers may collect and provide us your Personally Identifiable Information and other User-Provided Data that they collect from you in assisting us in providing the Website, the Application and/or any Services. Our Service Providers have access to your Personally Identifiable Information as needed to perform their functions but may not use or disclose it for other purposes.
On occasion, we may collect Personally Identifiable Information from you in connection with optional special offers or promotions. We will share such information with necessary third parties for the purpose of carrying out the special offer or promotion. Your participation in the special offer or promotion constitutes your consent to such disclosure and use of such Personally Identifiable Information.
We may in our discretion provide designated representatives of your Organization with aggregate and anonymized data about usage of the Website, the Application, the Services or any Functionality (including usage, progress, and related information), as well as identifiable information such as name, birthdate, and social security number for the purpose of census management. In addition, so that your Organization can fulfill any rewards or incentive obligations, and/or for reasons related to your wellness program, we may also provide the designated representatives: (i) your name and related incentive information (e.g., the number of Spark points or tokens that you have earned); and/or (ii) your name and status of completion of certain activities or tasks (for example, that you participated in biometric screening, that you met with a health coach or visited a primary care physician); and/or (iii) your name and that you met or did not meet certain health outcomes (only sharing yes/no against meeting outcomes, vs specific health outcome numbers/values).”We will NOT otherwise provide any of the Personally Identifiable Information we or our Service Providers collect from you to your Organization, except for the limited purposes set forth in the second paragraph of this section.
Your Personally Identifiable Information (including your name and health information) will be shared with your Spark360 Coach so they can personalize their recommendations to help you better meet your goals. You can visit your “My Profile” section of the Website or Application to stop sharing with your coach.
If you are an Employee, we may provide your Personally Identifiable Information (including your name and health information) as instructed or expressly consented by you to a doctor’s office, hospital, insurer, or other healthcare provider of your choosing.
Except as set forth in this section, without your express permission, we will not sell, lease, rent, or license your Personally Identifiable Information to third parties (including, without limitation, for direct marketing purposes).
Security of Information
In the event that we determine that there has been a security breach resulting in the unauthorized disclosure of Personally Identifiable Information to a third party, we will notify individuals whose Personally Identifiable Information has been so disclosed as required by law.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while we strive to protect Personally Identifiable Information you submit to us, we cannot ensure or warrant the security of any information you transmit to us, and you do so at your own risk.
As you navigate through and interact with the Website and/or the Application, we may use automatic data collection technologies to collect certain information about your equipment or device, browsing actions, and patterns, including (i) details of your visits to our Website and/or the Application, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website and/or the Application, and (ii) information about your computer, your device and/or your internet connection, including your IP address, operating system, browser type, the device’s unique identifier and phone number, and mobile network information.
The information we collect helps us to improve our Website, the Application, and/or our Services and to deliver a better and more personalized service, including by enabling us to: (i) estimate our audience size and usage patterns, (ii) store information about your preferences, allowing us to customize our Website and Application according to your individual interests; and (iii) recognize you when you return to our Website and/or the Application.
Additionally, we may use IP address information to count and track aggregate visits to the Website and/or the Application, to help diagnose problems with our server, and to administer the Website and/or the Application. We do not link IP addresses to anything personally identifiable, so while a particular user’s session can be tracked, the user remains completely anonymous.
DO NOT TRACK Signals
Please note that Spark360 does not currently respond to DO NOT TRACK requests sent from a user’s web browser, such as Internet Explorer, Chrome, and Safari.
Electronic Communications and Opting In and Opting Out
Other Website and/or the Application and Links
The Website and/or the Application may include links to pages on third party websites, such as Spark360’s social media pages, that we think will be of interest to you and are not operated by Spark360. These third party websites have separate data collection and privacy practices independent from ours, and Spark360 is not responsible for the policies or activities of such other websites. Please contact such third parties directly if you have questions about their privacy policies.
Reviewing, Correcting or Requesting that We Discontinue use of Your Personal Data
If you would like to review the current details of your Personally Identifiable Information or if you would like us to either change, or discontinue use of, your Personally Identifiable Information, please contact us at firstname.lastname@example.org.
Your continued use of the Website and/or the Application after the changes are posted constitutes your agreement to the changes, both with regard to information we have previously collected from you and with regard to information we collect from you in the future. If you do not agree to the changes, please discontinue use of the Website, the Services, and/or the Application.
Spark360’s Contact Information