Privacy Policy

At WellTheory we are committed to protecting the privacy and security of our customers’ data.

This Privacy Policy describes how WellTheory and our subsidiaries and affiliated companies (collectively, “WellTheory,” “we,” or “us”) collect, use, and disclose information about you. This Privacy Policy applies to information we collect when you access or use our websites, mobile applications, and other online products and services (collectively, our “Service”), or when you otherwise interact with us, such as through our customer support channels. By using our Service, you acknowledge and agree to the practices and policies outlined in this Privacy Policy. “You” or “your” or similar terms refer to you as a user of the Services.

Our Service is not intended for use by individuals under the age of eighteen (18). If you are under the age of eighteen (18), please do not provide any personal information to us or otherwise use our Service.

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of this Privacy Policy. We may also provide you with additional notice (such as by adding a statement to the Service or sending you a notification), such as in connection with making material changes to this Privacy Policy. We encourage you to review this Privacy Policy regularly to stay informed about our information practices and the choices available to you.

This policy does not apply to the actions of any company or entity that We do not control and to individuals who We do not directly employ or manage. WellTheory does not directly provide clinical healthcare services. Some of the individually identifiable information We collect or that you provide to Us for the purposes of using our Services may constitute “protected health information” or “PHI” under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  PHI is subject to special protections under HIPAA.  Where WellTheory acts as a Business Associate as such term is defined under HIPAA to your health plan insurer or employer sponsored group health plan, please refer to your insurer or group health plan’s Notice of Privacy Practices.  To the extent other state or local privacy and data protection laws apply to your data, We will comply with those requirements as well.  

Some of the Services are provided digitally, which means that We use electronic communications to enable our team members to exchange health and medical information for the purpose of care.  Before you use the Services, you will be asked to affirmatively provide informed consent for the transmission of your personal information in this way. If you do not agree to this informed consent, you are not authorized to access the Services or use Our Sites and you must promptly exit Our Sites or Apps.

Contents

1. Sources of Information
2. Information We Collect
3. Use of Information
4. Disclosure of Information
5. Analytics
6. Data Security and Retention
7. Your Privacy Rights and Choices
8. Additional Disclosures for Individuals Residing in Certain US States
9. Additional Disclosures for Customers Residing Outside the U.S.
10. Contact Us

SOURCES OF INFORMATION

There are several ways we may obtain information about you.

If you are an employer customer of WellTheory, we collect information about your Company through our interactions with you when you sign up for or are using our Services and when you otherwise interact with us, such as through our customer service channels. We store limited personal information about the individuals who work for our clients, such as contact information.

If you are an individual, WellTheory collects information from you (a) that you choose to share with us when you sign up for or are using our Services and when you otherwise interact with us, such through our customer service channels, (b) that we collect automatically when you use our Services, and (c) that we receive from third parties.

We collect information from you directly. We collect information when you use our Services or otherwise interact with us. This may include registering for an account with us, providing a review, or signing up for communications.  We may collect additional information if you participate in any of our surveys.

We collect information automatically. We and our third-party service providers collect data about you using automated technology like cookies and pixels via our Services when you visit our website, or through other channels. We use these technologies to improve our Services and your experience, see which areas and features of our Services are popular, and count visits.

We get information about you from other sources. We may collect information about you from our clients or business partners. We may also acquire information from other sources to help us maintain the accuracy of the information we collect and for internal business analysis or other business purposes. This information includes data such as: corroborating and verifying your identity to ensure that we are only accessing or sharing the professional information of the right person.

Information We Collect

We collect various types of data about you from various sources, as described below.

• Identifiers: contact and account information. We may collect your name, email address, postal address, and phone number. We may also collect information you provide to create an account or profile, such as your PIN code.
• Health information.  We collect or access medical records from your past and current health care providers.  This may include information about your existing diagnoses, previous treatments, general health, laboratory or pathology tests results and reports, social histories, family medical history, and records about phone calls or emails related to your health or test results. If you choose to go through Our screening process and/or register for the Services We ask you to provide personal information including information about your health status in connection with the use of Our Services. When you use Our Services, we may record sessions as described in this document and our Terms of Service for the following purposes: to enhance the functionality, accuracy, and reliability of our AI systems by analyzing session data; to ensure that Our services meet high standards of quality and that interactions with Our AI systems are consistent and effective, and to comply with legal obligations and ensure the security of Our Services. The recorded sessions may include, but are not limited to, textual data (conversations andinteractions between users and our AI systems), and metadata (including information such as timestamps, user session IDs, and other related data that does not personally identify you).
• Demographic information.  In order to provide the Services to you and ensure we are collecting and storing only your records to your account, we may collect information from or about you in order to prove or verify your identity.  Examples may include your date of birth, age or age range, gender identity, and geographic location (e.g., ZIP Code).
• Commercial Information:

• Customer service and feedback. We may collect information from you when you request customer support or information from us, provide feedback or reviews about your experience with us or our products, or otherwise communicate with or contact us.
• Location Information: In accordance with your device permissions, we may collect or infer information about the location of your device based on your zip code or IP address.

• Characteristics of protected classifications under state or federal law, such as age and gender, marital status, race or ethnicity, sexual orientation, veteran status, and disability status.
• Group Health Plan or Employer Information. We obtain information about your current employer and whether you are covered by your employer or another group health plan to coordinate payment for Our Services.
• Education information.  Information about what schools and higher education intuitions you attended and what degree(s) you have obtained.
• Professional and employment-related information.  Information about your work history, including employer names, dates of employment, duties, skills, etc. contained on your employment applications, resumes, curriculum vitae, and job titles.
• Internet or other electronic network activity information: We collect information about how you access our Service, including technical data about the device and network you use, such as your hardware model, operating system version, mobile network, IP address, unique device identifiers, browser type, and app version. We also collect information about your activity on our Service, such as login attempts, logout events, access times, pages and data viewed, links clicked, and the page you visited before navigating to our Service.
• Payment Information: if you make a purchase or other financial transaction such as a paid subscription outside of your employer or insurer, we may collect credit card numbers, financial account information, and other payment details.
• Inferences about you based on the information we collect. For example, we may make inferences about your approximate location based on your IP address.
• any other information you voluntarily choose to provide, such as when you link a third-party social media account with Us, or photos, videos, personal stories, or other similar media that you create and share with Us. Where permitted, we collect and publish consumer-generated content in connection with a variety of our activities, including contests and other promotions, Site community features, consumer engagement, and third-party social networking. Through your use of the Services, you may choose to make certain elements of your information available to other participants and users. While we take considerable efforts to protect your privacy, we cannot take – and expressly disclaim – responsibility for whether and how other users, including members of the community, will use or disclose information disclosed by you through Services.  The Services provide you the ability to share personal information, including regarding your medical condition and history. Any information you voluntarily choose to provide through the Services may be visible to community members or your health coach.  As such, you should only provide information you feel comfortable disclosing to other members of your community and health coach.
• data underlying any errors that may occur during your use of the Service.

Sensitive Information:  Special categories of particularly sensitive personal data require higher levels of protection depending on local law.

In some cases, we may collect sensitive personal data about individuals, which requires a higher level of protection. Please note that, where permitted by law, we may collect, store, and use sensitive information about you, including race, ethnicity, veteran status, disability status, gender, sex, age, marital status, and health and medical conditions.  Please be assured that we will only use such sensitive information for the purposes set out in this Notice, or as otherwise described to you at the time such information is collected - and in accordance with applicable law. Employer clients are prohibited from using any sensitive information about our end users in a way that is contrary to local data privacy and security or employment discrimination laws.

You may choose not to provide Us with certain information, but that may result in Our inability to provide you with full access to the Services.

USE OF INFORMATION

We use the information that we collect from you and about you to provide the Service and for a variety of business purposes, as follows:

• We use information to provide the Service. We primarily use information to provide the Service, including processing your registration or fulfilling your order, and verifying your identity as well as to allow our team members to personalize your experience and provide you with access to particular tools and services.  This may include the use of recorded sessions for legitimate business purposes such as:
  • AI Training: to improve the algorithms that power Our AI systems, enabling better responses and more accurate predictions;
  • Service Enhancement: to identify areas where Our Services can be improved andto develop new features based on user interactions; and
  • Security and Compliance: to monitor and prevent unauthorized or malicious activities.

• We use information to communicate with you. We may use information to answer your questions and comments, including providing you with information about this Policy or our Terms of Service. We may also use information to provide you with customer service. By using the Services you consent to and authorize WellTheory and its affiliates to disclose your eligibility for and participation in the Services (i.e., that you have met the enrollment criteria for the Services and that you have elected at your own discretion to participate) among themselves and to others, such as WellTheory senior management and administrators, your employer, and your health coach.

• We use information to improve or personalize our Services. We may use information to make our Services better or to personalize your experience with us, such as saving preferences or settings, sending you personalized outreach via emails or SMS, or contacting you about the products and Services we offer.  In order to personalize the Services, we may analyze your preferences, information, and habits.
• We use information to operate our business. To operate our business, such as billing, accounting, improving our internal operations, securing our systems, detecting fraudulentor illegal activity, and meeting our legal obligations.

• We use information to advertise new features or additional services offered by WellTheory.

• We use information to protect our company and others. We use information to identify fraud and secure our Services and systems in an effort to protect you and our other customers.

• We use information for other lawful purposes or as we may disclose to you.

DISCLOSURE OF INFORMATION

We may disclose information we collect from and about you as follows:

• We disclose information to our employer clients, subject to a legally binding contract.  We may disclose limited information regarding your use of our Services with external companies we contract with for our Services.  However, our clients must use your personal information only as permitted by applicable local law. Transfers to subsequent third parties are covered by the provisions in this Policy regarding notice and choice and the service agreements with our Clients.

• We disclose information with service providers and other third parties we work with. We may disclose information with external companies who perform business, technical, professional, or marketing related services for us. Examples include customer service providers, email delivery services, and cloud infrastructure providers. This also includes companies that help us with fraud detection and Service operations. We may disclose information with data analytics vendors or market research companies. In some circumstances these entities may use your information for their own legitimate business purposes. This might include internal analytics but would not include marketing directly to you.
• We disclose information for financial services and payment processing.  When you provide payment data for individual subscriptions, for example, to make a purchase, we will disclose payment and transactional data to banks and other financial institutions as necessary for payment processing, fraud prevention, credit risk reduction, analytics, or other related financial services.

• We disclose information with any successor to all or part of our business. In the event that WellTheory or its assets are acquired by or merged with another company, we may disclose all categories of information as part of that transaction. This acquisition or merger may include part of our business or one of our brands. This may occur in the event of bankruptcy.

• We disclose information if we think we have to in order to comply with the law or to protect ourselves. For example, we may disclose all categories information to respond to a court order or subpoena. We will disclose information if a government agency or regulatory body requests it. This includes U.S. and non-U.S. law enforcement or regulatory authorities.

• We disclose aggregate or anonymous information. We may disclose aggregate, anonymous, or de-identified information that cannot reasonably be used to identify you.

• We disclose information as permitted by law and for other reasons we may describe to you.

We may combine the information we receive from and about you, including information you provide to us and information we automatically collect through our Services, as well as information collected offline, across other computers or devices that you may use, and from third party sources.

We will not share your information with any other individual without your consent, and do not permit others, even including your immediate family members, to create or access accounts for anyone else.

Telephone Consumer Protection Act

WellTheory may provide you with notices, including those related to your enrollment or use of the Services, including but not limited to by email, postal mail, short message service (“SMS”), multimedia messaging service (“MMS”), text message, or other reasonable means now known or hereinafter developed. WellTheory will provide notice and request consent to receiving text messages at the point of collection for mobile phone numbers. By providing WellTheory with your telephone number, this gives WellTheory consent to send you text messages regarding your purchase(s) or enrollment, or for other non-telemarketing purposes, made by an automatic telephone dialing system.

You understand that you may receive email as part of using the Services, and while WellTheory encrypts all email communications, your email server may not guarantee encryption. If your email provider does not encrypt email, you accept the risk that some personal information could be acquired by someone else.

You understand that you may receive text messages (SMS) as part of using the Services, such as a reminder about an upcoming appointment or to participate in Services. SMS messages are encrypted by WellTheory in transit to your cell phone provider, but cell providers do not guarantee encryption of SMS messages that are stored on your behalf. By using the Services you accept the risk that some personal information could be intercepted by someone else targeting your SMS communications.

Analytics

We engage others to provide analytics services across the web and in mobile apps. These entities may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of our Service and other websites and applications, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information may be used by WellTheory and others to, among other things, analyze and track data, determine the popularity of certain content, and better understand your online activity.

We want to provide WellTheory customers with valuable information, services, and products. Features programs and other WellTheory website content may link our users to third-party websites.  WellTheory does not control and is not responsible for privacy or security practices of any third-party websites or the information that is collected, stored, or used by those sites. So please be sure to read each site’s privacy policy carefully.

Data Security and Retention

We make reasonable efforts to ensure a level of security appropriate to the risk associated with the processing of personal data. We maintain organizational, technical and administrative measures designed to protect personal data within our organization against unauthorized access, destruction, loss, alteration or misuse. Your personal data is only accessible to a limited number of personnel who need access to the information to perform their duties. No data transmission or storage system can be guaranteed to be 100% secure. If you believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please contact us via the contact information in the Contact Us section of this policy.

We process data both inside and outside the United States. Where we transfer your personal information from the European Economic Area (“EEA”) to a location outside the EEA, we will only transfer your data if an appropriate level of protection for your personal data is guaranteed, such as where we have contractual obligations to protect or transfer data with certain safeguards in place. To ensure the continued protection of your personal data while in our care, we take appropriate organizational and technical measures.  In addition, we may transfer your personal data if one of the legal exceptions for such transfer can be invoked, such as with your consent or in execution of an agreement you have with us.

We retain personal data to the extent necessary to comply with our legal and regulatory obligations, and for the purpose of fraud monitoring, detection and prevention. Where we retain data, we do so in accordance with obligations imposed by applicable law and under this Privacy Policy.‍

YOUR PRIVACY RIGHTS AND CHOICES

Depending on where you reside, you may have the right to know more about, and access the personal information that we collect, use, and disclose about you, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information.

Account Information

You may review, update and correct certain account and other personal information previously disclosed to us by updating your account information in the Service or contacting us at support@welltheory.com. If you wish to delete your personal information, please contact us at support@welltheory.com, but note that we may retain certain information as required by law or for our legitimate business purposes.  

Nondiscrimination

We will not discriminate against you if you exercise your privacy rights.

Cookies

We use cookies and similar tracking technologies, such as pixels, web beacons, APIs, clear GIFs, and SDKs for site tracking, remembering feature preferences and related purposes. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited.

As is true of most web sites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data.

We use this information, which does not identify individual users, to analyze trends, to administer the site, to track users' movements around the site and to gather demographic information about our user base as a whole.

We do not link this automatically-collected data to personal information. Most web browsers are set to accept cookies by default. If you prefer, you can usually adjust your browser settings to remove or reject browser cookies. Please note that removing or rejecting cookies could affect the availability and functionality of our Service.

Communications Preferences

You may opt out of receiving promotional emails from info@welltheory.com  by following the instructions in those communications or by contacting us at support@welltheory.com.  If you opt out, we may still send you non-promotional emails, such as those about your account or our ongoing business relations.

Targeted Advertising and Analytics

We engage third parties to provide analytics, serve advertisements, and perform related services across the web and in mobile apps. These entities may use cookies, web beacons, SDKs, device identifiers, and other technologies to collect information about your use of our Services and other websites and mobile apps, including your IP address, web browser, mobile network information, pages viewed, time spent on pages or in mobile apps, links clicked, and conversion information. This information is used to deliver advertisements targeted to your interests on other companies’ sites or mobile apps and to analyze and track data, determine the popularity of certain content, and better understand your online activity.

Mobile Push Notifications

With your permission, we may send push notifications to your mobile device. You can deactivate these messages at any time by changing the notification settings on your mobile device.

ADDITIONAL DISCLOSURES FOR INDIVIDUALS RESIDING IN CERTAIN U.S. STATES

Many U.S. states, including California, Colorado, Connecticut, Delaware, Florida, Indiana, Iowa,Kentucky, Maryland, Montana, Nevada, New Hampshire, New Jersey, Oregon, Tennessee, Texas, Utah, Virginia, and Washington California, Colorado, Connecticut, Utah, and Virginia have enacted consumer privacy laws, including some that are specific to consumer health information, that grant their residents certain rights and require additional disclosures (“State Laws”). As new State Laws are passed, we will extend necessary protections to our users. If you are a resident of one of these states, this section applies to you.

Our Privacy Policy explains how we collect, use, and disclose information about you, as well as our targeted advertising and analytics practices.  Below, we use two different tables to explain this same information in accordance with the State Laws.  The tables describe our data practices now, and over the past 12 months.

Categories of Personal Information

Categories of Recipients

Use of Personal Information

• Identifiers, such as your contact and account information, name, mailing address, and email address
• Health Information
• Characteristics of protected classifications under state or federal law such as gender and race
• Payment Information
• Demographic information
• Professional and employment-related information
• Commercial information
• Internet or other electronic network activity information
• Sensitive Personal Information, such as your race, ethnicity, and veteran status
• Inferences

We disclose these categories of information to the following recipients: Clients, affiliates and subsidiaries, fraud prevention partners, data analytics providers, marketing partners, payment and financing processors, fulfillment partners, customer support partners, Internet service providers, operating systems and platforms, customer feedback platforms, and cloud service providers.

We disclose these categories of information for the following business purposes:

• Provide, maintain, improve, and develop our products and services;
• Personalize your experience with us;
• Send you technical notices, security alerts, support messages and other transactional or relationship messages;
• Monitor and analyze trends, usage, and activities in connection with our products and services;
• Facilitate contests, sweepstakes, and promotions and process and deliver entries and rewards;
• Detect, investigate, and prevent security incidents and other malicious, deceptive, fraudulent, or illegal activity and protect the rights and property of WellTheory and others; and
• Comply with our legal and financial obligations.

We retain personal information for as long as necessary to carry out the purposes for which we originally collected it and for other purposes described in this privacy policy.

We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.

Personal Information that we “Share,” “Sell,” or Use for “Targeted Advertising”

We disclose the following categories of personal information to third parties to engage in targeted advertising and other marketing activities, including to expand the reach and effectiveness of our own marketing campaigns and for third parties’ own marketing purposes. These disclosures may be considered “sales” or “sharing” or use of personal information for “targeted advertising” under certain State Laws.

Your Privacy Rights

Opt Out of Sales, Sharing, and Targeted Advertising

Some of the activities described in the Targeted Advertising and Analytics section above may be considered “sales” or “sharing” of your personal information or use of your information for “targeted advertising” under the law that applies to you. .

In addition to cookie-based ad targeting, we may disclose information about your purchases and contact information (such as email and mailing address) to our affiliates, advertising partners, and other third parties for marketing and advertising purposes, which may constitute “sales” or “sharing” of your personal information or use of your information for “targeted advertising.” You can opt out of having your information disclosed to these third parties by filling out our web form.

Access, Correction, and Deletion

Depending on where you live, you may have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information. To request access, correction, or deletion of your personal information, please email us at support@welltheory.com. We will verify your request by asking you to provide certain information, such as your name, email address, mailing address, and phone number. You can also access, modify, and delete certain information stored within your online account by logging into your account at any time.

Appeals

If we deny your request, you may appeal our decision by contacting us at support@welltheory.com. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.

Nondiscrimination

We will not discriminate against you for exercising your privacy rights.

If you reside in California, Colorado, or Connecticutcertain states, you can designate an authorized agent to submit a privacy rights request on your behalf. We may ask authorized agents to submit proof of your authorization to make the request, such as a valid power of attorney or proof that they have signed permission from the individual who is the subject of the request. Unless requested by us, please do not provide any sensitive personal information in connection with the request, such as a driver’s license or other government issued ID. In some cases, we may be required to contact the individual who is the subject of the request to verify his or her own identity or confirm the authorized agent has permission to submit this request. If you are an authorized agent seeking to make a request, please contact us at support@welltheory.com.

Any request to exercise one of these rights will be assessed by WellTheory on a case-by-case basis. There may be circumstances in which we are not legally required to comply with your request because of a relevant legal exemption provided for under applicable law. We will not discriminate or retaliate against you for exercising your privacy rights. If you choose not to disclose certain personal information, this may limit our ability to perform the Services to you.

”Sales” and “Sharing” of Personal Information

We share your information with third party clients in order to provide the Service. We do not have any knowledge of any “sales” or “sharing” of the personal information of minors under 18 years of age.  You have the right to opt out of sharing and sales at any time by reaching out to us at support@welltheory.com.  Please see the “Your Privacy Rights and Choices” section above for more information about your privacy rights and how to exercise them.

Notice of Financial Incentives

From time to time, we may provide discounts, rewards, or other benefits to customers who download our mobile app or sign up to receive our marketing emails or text messages. These offerings may constitute “financial incentives” or “bona fide loyalty programs” under certain state privacy laws (for simplicity, we refer to these collectively as “financial incentives”). If you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name, email address, and phone number), commercial information (like your purchase history), and inferences drawn from your personal information (like your product preferences and interests).  We disclose this information to our service providers, contractors, and consultants who perform services on our behalf, to other brands in our corporate family, and to our marketing and advertising partners, including for the purpose of engaging in targeted advertising and other marketing activities.

You can opt into a financial incentive by following the sign-up or participation instructions provided and you can opt out at any time by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional emails, or text messages, or contacting us at support@welltheory.com.  If you request that we delete any of your personal information that is essential to providing you with the financial incentive, we will not be able to provide you with the benefits of that program (e.g., if you ask us to delete your email address, we will no longer be able to provide you with early access to sales or other benefits via email). In some cases, we may provide additional terms and conditions, which we will provide to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.

Shine the Light

California’s Shine the Light law permits residents of California to request certain details about how their information is disclosed to third parties for direct marketing purposes. Under the law WellTheory must either provide this information or permit California residents to opt in to, or opt out of, this type of disclosure. WellTheory qualifies for this alternative option. To opt out of having information about you disclosed to our affiliates or other third parties for direct marketing purposes, please email us at support@welltheory.com.

ADDITIONAL INFORMATION FOR CUSTOMERS RESIDING OUTSIDE THE U.S.

Cross-Border Data Transfers

WellTheory is based in the U.S. and we process and store personal information on servers located in the U.S. We also use service providers to process personal information, and they may be located in, or have servers in, the U.S. and other countries. Where required by law, we provide adequate protection for the transfer of personal information in accordance with applicable law, such as by obtaining your consent, relying on the European Commission’s adequacy decisions, executing Standard Contractual Clauses, or complying with another approved data transfer mechanism. Where relevant, you may request a copy of these Standard Contractual Clauses by contacting us at support@welltheory.com.

Data Retention

Our retention periods for personal information are based on business needs and legal requirements. We retain personal information for as long as is necessary for the processing purpose(s) for which we originally collected it and for other business purposes explained in this Privacy Policy. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired. In addition, we retain your email address and information about your marketing preferences to ensure that we can honor those preferences.

Additional Disclosures for Canada

If you reside in Canada, this section applies to you. You may exercise your rights to access and correct the personal information we hold about you by emailing us at support@welltheory.com. By submitting personal information to us or our service providers, you consent to the collection, use, disclosure, and transfer of your personal information in accordance with this Privacy Policy and as permitted or required by law. You may withdraw your consent at any time by emailing us at support@welltheory.com. If you withdraw your consent (or if you decide not to provide certain personal information), you acknowledge that we may not be able to provide you with certain products, services, or information.

Additional Disclosures for Europe

If you reside in the European Economic Area (“EEA”), the United Kingdom, or Switzerland, this section applies to you.

When we process your personal information, we will only do so when:

• We need to use your personal information to perform our responsibilities under our contract with you, for example to deliver Services that you ordered from us.
• We have a legitimate interest in processing your personal information. For example, if you are a customer, we may process your personal information to send you marketing communications, to communicate with you about changes to our Services, and to provide, secure, and improve our Services.
• We find such processing is necessary to comply with our legal obligations.
• We have your consent to do so. When your consent is the legal basis for our processing, you may withdraw such consent at any time by emailing us at support@welltheory.com.

You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, (3) request correction of inaccurate personal information, (4) request restriction of processing of your personal information, and (5) object to the processing of your personal information for certain purposes. To exercise any of these rights, please email support@welltheory.com. If you have a concern about our processing of personal information that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. Contact details for your Data Protection Authority can be found using the links below:

• For individuals in the EEA, click here.
• For individuals in the UK, click here.
• For individuals in Switzerland, click here.

DATA RETENTION

The length of time we retain your personal information depends on the status of our relationship with you and the requirements of applicable law. We will retain your personal information for as long as your relationship with us lasts and for a certain period thereafter, after which point it will be deleted or archived in accordance with applicable law. To determine that period, we take into account a number of factors, including our legal and regulatory obligations (such as financial reporting obligations and equal opportunity or anti-discrimination reporting obligations) and whether we may need to retain personal information to resolve disputes, make and defend legal claims, conduct audits, pursue legitimate business purposes, and/or enforce our agreements.

CONTACT US

If you have any questions about this Privacy Policy, you can email us at support@welltheory.com or send us written correspondence at the following postal address: 2261 Market Street Suite 75601, San Francisco, CA 94114 in the United States of America.

We retain personal information for as long as necessary to carry out the purposes for which we originally collected it and for other purposes described in this privacy policy.

We do not use or disclose sensitive personal information for the purpose of inferring characteristics about you.

Personal Information that we “Share,” “Sell,” or Use for “Targeted Advertising”

We disclose the following categories of personal information to third parties to engage in targeted advertising and other marketing activities, including to expand the reach and effectiveness of our own marketing campaigns and for third parties’ own marketing purposes. These disclosures may be considered “sales” or “sharing” or use of personal information for “targeted advertising” under certain State Laws.

‍Your Privacy Rights

Opt Out of Sales, Sharing, and Targeted Advertising

Some of the activities described in the Targeted Advertising and Analytics section above may be considered “sales” or “sharing” of your personal information or use of your information for “targeted advertising” under the law that applies to you. .

In addition to cookie-based ad targeting, we may disclose information about your purchases and contact information (such as email and mailing address) to our affiliates, advertising partners, and other third parties for marketing and advertising purposes, which may constitute “sales” or “sharing” of your personal information or use of your information for “targeted advertising.” You can opt out of having your information disclosed to these third parties by filling out our web form.

Access, Correction, and Deletion

Depending on where you live, you may have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, and (3) request correction of inaccurate personal information. To request access, correction, or deletion of your personal information, please email us at support@welltheory.com. We will verify your request by asking you to provide certain information, such as your name, email address, mailing address, and phone number. You can also access, modify, and delete certain information stored within your online account by logging into your account at any time.

Appeals

If we deny your request, you may appeal our decision by contacting us at support@welltheory.com. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.

Nondiscrimination

We will not discriminate against you for exercising your privacy rights.

If you reside in California, Colorado, or Connecticut, you can designate an authorized agent to submit a privacy rights request on your behalf. We may ask authorized agents to submit proof of your authorization to make the request, such as a valid power of attorney or proof that they have signed permission from the individual who is the subject of the request. In some cases, we may be required to contact the individual who is the subject of the request to verify his or her own identity or confirm the authorized agent has permission to submit this request. If you are an authorized agent seeking to make a request, please contact us at support@welltheory.com.

Any request to exercise one of these rights will be assessed by WellTheory on a case-by-case basis. There may be circumstances in which we are not legally required to comply with your request because of a relevant legal exemption provided for under applicable law. We will not discriminate or retaliate against you for exercising your privacy rights. If you choose not to disclose certain personal information, this may limit our ability to perform the Services to you.

”Sales” and “Sharing” of Personal Information

We share your information with third party clients in order to provide the Service. We do not have any knowledge of any “sales” or “sharing” of the personal information of minors under 18 years of age.  You have the right to opt out of sharing and sales at any time by reaching out to us at support@welltheory.com.  Please see the “Your Privacy Rights and Choices” section above for more information about your privacy rights and how to exercise them.

Notice of Financial Incentives

From time to time, we may provide discounts, rewards, or other benefits to customers who download our mobile app or sign up to receive our marketing emails or text messages. These offerings may constitute “financial incentives” or “bona fide loyalty programs” under certain state privacy laws (for simplicity, we refer to these collectively as “financial incentives”). If you participate in a financial incentive, we collect personal information from you, such as identifiers (like your name, email address, and phone number), commercial information (like your purchase history), and inferences drawn from your personal information (like your product preferences and interests).  We disclose this information to our service providers, contractors, and consultants who perform services on our behalf, to other brands in our corporate family, and to our marketing and advertising partners, including for the purpose of engaging in targeted advertising and other marketing activities.

You can opt into a financial incentive by following the sign-up or participation instructions provided and you can opt out at any time by following the unsubscribe instructions in the applicable program’s terms and conditions, promotional emails, or text messages, or contacting us at support@welltheory.com.  If you request that we delete any of your personal information that is essential to providing you with the financial incentive, we will not be able to provide you with the benefits of that program (e.g., if you ask us to delete your email address, we will no longer be able to provide you with early access to sales or other benefits via email). In some cases, we may provide additional terms and conditions, which we will provide to you when you sign up. The value of your personal information is reasonably related to the value of the offer or discount presented to you.

Shine the Light

California’s Shine the Light law permits residents of California to request certain details about how their information is disclosed to third parties for direct marketing purposes. Under the law WellTheory must either provide this information or permit California residents to opt in to, or opt out of, this type of disclosure. WellTheory qualifies for this alternative option. To opt out of having information about you disclosed to our affiliates or other third parties for direct marketing purposes, please email us at support@welltheory.com.

ADDITIONAL INFORMATION FOR CUSTOMERS RESIDING OUTSIDE THE U.S.

Cross-Border Data Transfers

WellTheory is based in the U.S. and we process and store personal information on servers located in the U.S. We also use service providers to process personal information, and they may be located in, or have servers in, the U.S. and other countries. Where required by law, we provide adequate protection for the transfer of personal information in accordance with applicable law, such as by obtaining your consent, relying on the European Commission’s adequacy decisions, executing Standard Contractual Clauses, or complying with another approved data transfer mechanism. Where relevant, you may request a copy of these Standard Contractual Clauses by contacting us at support@welltheory.com.

Data Retention

Our retention periods for personal information are based on business needs and legal requirements. We retain personal information for as long as is necessary for the processing purpose(s) for which we originally collected it and for other business purposes explained in this Privacy Policy. For example, we may retain certain transaction details and correspondence until the time limit for claims arising from the transaction has expired. In addition, we retain your email address and information about your marketing preferences to ensure that we can honor those preferences.

Additional Disclosures for Canada

If you reside in Canada, this section applies to you. You may exercise your rights to access and correct the personal information we hold about you by emailing us at support@welltheory.com. By submitting personal information to us or our service providers, you consent to the collection, use, disclosure, and transfer of your personal information in accordance with this Privacy Policy and as permitted or required by law. You may withdraw your consent at any time by emailing us at support@welltheory.com. If you withdraw your consent (or if you decide not to provide certain personal information), you acknowledge that we may not be able to provide you with certain products, services, or information.

Additional Disclosures for Europe

If you reside in the European Economic Area (“EEA”), the United Kingdom, or Switzerland, this section applies to you.

When we process your personal information, we will only do so when:

• We need to use your personal information to perform our responsibilities under our contract with you, for example to deliver Services that you ordered from us.
• We have a legitimate interest in processing your personal information. For example, if you are a customer, we may process your personal information to send you marketing communications, to communicate with you about changes to our Services, and to provide, secure, and improve our Services.
• We find such processing is necessary to comply with our legal obligations.
• We have your consent to do so. When your consent is the legal basis for our processing, you may withdraw such consent at any time by emailing us at support@welltheory.com.

You have the right to (1) request to know more about and access your personal information, including in a portable format, (2) request deletion of your personal information, (3) request correction of inaccurate personal information, (4) request restriction of processing of your personal information, and (5) object to the processing of your personal information for certain purposes. To exercise any of these rights, please email support@welltheory.com. If you have a concern about our processing of personal information that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. Contact details for your Data Protection Authority can be found using the links below:

• For individuals in the EEA, click here.
• For individuals in the UK, click here.
• For individuals in Switzerland, click here.

DATA RETENTION

The length of time we retain your personal information depends on the status of our relationship with you and the requirements of applicable law. We will retain your personal information for as long as your relationship with us lasts and for a certain period thereafter, after which point it will be deleted or archived in accordance with applicable law. To determine that period, we take into account a number of factors, including our legal and regulatory obligations (such as financial reporting obligations and equal opportunity or anti-discrimination reporting obligations) and whether we may need to retain personal information to resolve disputes, make and defend legal claims, conduct audits, pursue legitimate business purposes, and/or enforce our agreements.

CONTACT US

If you have any questions about this Privacy Policy, you can email us at support@welltheory.com or send us written correspondence at the following postal address: 2261 Market Street Suite 75601, San Francisco, CA 94114 in the United States of America.