By accepting our Terms of Use, you consent to the collection, use, storage, and disclosure of personally identifiable information as outlined therein and in this Privacy Policy.

The information Hi NEO collects from you depends on your activities and use of our Services. We comply with all local, state and federal privacy laws regulating the transmission, processing and storing of health information, including the Health Insurance Portability and Accountability Act of 1996, as amended from time to time, together with the regulations adopted thereunder (“HIPAA”). . References in this Privacy Policy to “data” applies to all types of data, including de-identified, anonymized or pseudonymized data.

PRESENTATION

Hi Neo (“Hi NEO”, “Us”, “We”) respects your right to privacy and understands the importance of protecting your personal data (“Data“). 

We adopted this privacy policy (the “Policy”) in order to explain how we collect, process, store, share and protect the Data that you provide to Us or that we collect when you use our website (“Website”), fill out our questionnaires (“Questionnaires”), subscribe and use our application (“Application”) and our well-being coaching services (our “Services”) or any other features operated by Hi Neo.‍

We reserve the right to modify the terms of this Policy at any time and in our sole discretion. If we modify the Policy, we will publish the modifications, depending on the medium, on the welcome page of the Website and/or on the homepage of the Application so that you are fully informed. Any changes to the Policy will take effect thirty (30) days after its publication. Your continued use of our Services will constitute acceptance of the policy changes.

WHAT TYPE AND WHEN WE COLLECT YOUR DATA

Information you provide to us

Account and Profile Information: When you register and use the Services, we may collect information about you such as your name, title, email address, phone number, address, payment information (when and if applicable), and similar information by which you may be personally identified (“Personal Information”). We may collect this information directly from you or from another user (administrator or other authorized person).

Health Information: You may also provide us with Protected Health Information (as defined under HIPAA) or authorize us to obtain Protected Health Information from third parties. 

This may include:

• Information about your healthcare providers healthcare coverage
• Health information that might be included in electronic health or medical records (including medications) or Medicare claims and encounter data, if you elect to have that information shared with us. You are responsible for determining uses and disclosures of your personal health information and the potential impact such uses and disclosures might have on your family members when it involves data regarding genetic and family health histories.

Content of Information: We collect and store content you create, input, transmit, or store in the process of using our Services, including Your Information and data you post (i.e., upload) to our platform. Such content may include Protected Health Information and other regulated and/or personal information. We also collect information on your behalf when you authorize us to retrieve and import information from business customers, vendors or other third parties. We may collect other data you may submit when using our website or that you may submit to us directly such as when you request customer support.

On the Website: We collect the following kinds of Data when you visit the Website and, as the case may be, subscribe to the Application in order to access to our Services:

• Your connection data such as your IP address when you access the Website
• Your identification information such as your first and last name when you subscribe to the Application in order to access to our Services or request for information on Hi Neo for work
• Your contact data such as your email address, when you subscribe to the Application in order to access to our Services and/or when you request for support from Hi Neo and/or when you request for information on Hi Neo for work program
• Your lifestyle habits such as your practice of meditation or your frequency of exercise when you fill out the setup questionnaire on the Website
• Your transaction data such as banking data and billing information when you subscribe to the Application in order to access our Services
• Your data related to your technical features such as your operating system, in order to help you using the Application and the Services
• The content, communications, and other information that you provide to Us when you use the knowledge base and the support service base

On the Application: We collect the following kinds of data when you use the Application and our Services:

• Your contact data such as your full name, picture, email address, and password when you create your account
• Your lifestyle habits such as at the time you wake up in the morning to set up your morning, routines
• Your preferences such, the place and time you want to take the challenge or the motivation tool you choose to help you succeed your challenge
• Your lifestyle habits such as your practice of meditation or your frequency of exercise when you fill out the setup questionnaire on the Website
• Your transaction data such as banking data and billing information when you subscribe to the Application in order to get access to the Services
• The content, communications, and other information that you provide to Us when you use the Services including when you sign up for your account, create or share content, and message or communicate with Us and others when you use the chat and/or the support service
• The content, communications, and information that other people provide when they use the Services. This can include information about you, such as when they share or comment on a photo of you, send a message to you, or upload, sync, or import your contact information.

Information we collect from third party sources

We may obtain information about you from our partners, service providers and other sources and add it to information we otherwise have about you.

Other

1upHealth also collects certain information about you automatically through your smartphone and/or other wearable devices. Your smartphone and/or wearable device(s) may have a built-in app that allows you to collect Your Information on the same device on which 1upHealth’s app is also loaded and store and share Your Information with us and with other apps and devices. For example, we may automatically collect data via Apple’s health application and HealthKit and you may enable sharing between 1upHealth, Apple and other health applications as well as choose which information is shared. You may also enable sharing between 1upHealth and cloud-based health and fitness platforms and applications such as Google Fit. Because the settings in your smartphone and/or wearable device(s) and such other apps will affect how your information is used and disclosed, it is important that you review the privacy policies and settings of those applications and platforms.

FOR WHICH PURPOSES AND LEGAL BASIS WE PROCESS YOUR DATA

On the Website: We process your Data when you visit the Website in order to optimize your navigation and enhance your user experience on the basis of the legitimate interests pursued by Us. We also process your Data when you fill out the setup questionnaire in order to set you an initial kick-off plan adapted to the lifestyle habits that you are free to subscribe on the basis of our legitimate interest to tailor you with a personalized program. We lastly process your Data when you subscribe to our Application and Services through the Website in order to finalize your subscription and give you access to the Application and the Services on the basis of the performance of your contract with Us. 

On the Application: We process your Data in order to perform our contract with you and provide you with the Services including the following purposes: 

• Create and manage your account in order for you to access and use the Services
• Implement your personalized routine through challenges of your choice in order for you to develop healthy lifestyle habits and including daily alerts reminders to inform you that the challenge shall be completed, rewards notifications when the challenge is completed, upcoming challenges updates, challenge personalization functionalities, relevant communications related to the Services
• Enable you to use the chat of the Application and share your content to the person of your choice in order for you to receive support and/or comment and/or to share with a friend the completion of your challenge or any other information that you want to share on the Application and the Services
• Manage the technical and customer support in order to assist you in solving your technical issues in relation for example to the management of your account or the use of the Services and/or your customer issues in relation to fee claims

We process your Data in order to perform our contract with you and provide you with the Services including the following purposes: 

• Participation in investigations and proceedings (including judicial proceedings) conducted by public authorities or government agencies, in particular, for the purpose of detecting, investigating, and prosecuting illegal acts
• Prevention, detection, and mitigation of illegal activities (e.g. fraud, money laundering, and terrorist financing)
• Complying with information requests from third parties based on any statutory information rights they have against Us (e.g. in the event of an intellectual property infringement, product piracy, or other unlawful activity)
• Ensuring the information security of our Services
• Retention and storage of your Data to comply with specific legal retention requirements

We process your Data where necessary for the purposes of the legitimate interests pursued by Us including the following purposes: 

• Ameliorate the Application and Services by monitoring its use, in order to improve the satisfaction of the Users
• Personalize and enhance your user experience by contacting you to determine how we can improve our Services to better meet your needs
• Send you promotional communications about our Services, in particular about our new upcoming challenges and our new well-being programs offers by electronic means
• Provide product announcements or information regarding well-being topics or other information we believe you will find most relevant, and useful regarding the use of the Services
• Generate aggregate statistics regarding the use of our Services

We process your Data with your consent for the following purposes: 

• Personalize, measure, and improve our advertisements
• Personalize and enhance your user experience by contacting you to determine how we can improve our Services to better meet your needs
• Place cookies on your browser in order to send you personalizing advertising
• Send you promotional communications about our other Products and Services or the Products and Services of our partners by whom you may be interested in

We may also de-identify and/or aggregate and/or anonymize your data for various business purposes including product, service, and program development and improvement. De-identified data, in individual or aggregated form, may also be used for research purposes both internally by Hi Neo or with research partners and other third parties for the advancement of clinical and scientific knowledge.

COOKIES AND SIMILAR TECHNOLOGIES 

When you use the Services, We may use cookies and other IT functions to collect your Data. Cookies are small text files that are automatically created by your browser and stored on your device when you connect to the Website or the Application and use the Services.

We use cookies which will not be saved on your device or which will only be saved on your device for as long as your browser is active (e.g. session cookies) or which will be saved on your device for a longer period (e.g. persistent cookies) for the following purposes: (i) the provision of the Services, (ii) your technical support and the enhancement of the Services, (iii) the improvement of your user experience and (iv) to show you personalized advertising under your consent.

You have the choice to refuse to keep all or certain of the cookies in your browser or to disable all or certain cookies, after accepting their deposit on your browser, by configuring your settings. With regard to the use of advertising-related or personalization-related technologies, you can determine whether you consent or not to the use of cookies for marketing purposes.

HOW WE SECURE YOUR INFORMATION

Maintaining the privacy and security of Your Information is important to us. 1upHealth has implemented appropriate safeguards to prevent unlawful use or disclosure of information. These include administrative, physical, and technical security safeguards that reasonably and appropriately protect the confidentiality, integrity, and availability of information we receive, maintain, or transmit. Nevertheless, while security of information is of tremendous importance to us, no data transmission (over the internet or any wireless network) or method of electronic storage can be guaranteed to be 100% secure. In the event of a security breach, we will notify affected individuals, regulatory authorities, and others consistent with requirements under federal and state law or contractual obligations.

YOUR RIGHTS AS A DATA SUBJECT

You have the following rights on your Data and the data processing:

• Right to access to your Data
• Right to rectify your inaccurate Data
• Right to erase your Data unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise, or defense of legal claims
• Right to request the limitation of the processing of your Data to the extent that the accuracy of your Data is contested by you, the processing is unlawful, but you oppose the erasure of the personal data and request the limitation instead, We no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing
• Right to receive a copy of your Data in a structured electronic format or ask for the transfer of it to another controller, when technically possible
• Right to object to your Data processing on grounds related to your particular situation including profile or for marketing purposes and to withdraw your consent at any time when the processing is based on consent‍

You can also access and update your Data at any time by logging to the Application and accessing your account settings.

Children: We are committed to protecting the privacy of the children. Our Website, Application, and Services are not designed or intended for children and we do not knowingly collect data of users under 18 years old. In any case, We request all the users to confirm at the subscription to the Application and the Services that they are 18 years old or over and if not, We request the parent’s consent before authorizing the user to get access to the Application and the Services and never collect Data of children under 13 years old. For users under 18 years old, We may limit how we collect, use, and store their Data meaning that We will be unable to authorize access to certain challenges to these users. 

HOW WE USE INFORMATION

We may use the information we collect for a variety of purposes, including to:

• Provide, operate, maintain, improve, promote, and personalize our Services to you
• Communicate with you, including responding to your comments and questions; providing customer service and support; providing you with information about our Services, including technical notices, security alerts, changes in our terms, or administrative messages; and providing other news or information about us and our partners
• Investigate and prevent fraudulent transactions, unauthorized access to our Services, and other illegal activities
• For business purposes, such as data collection and analysis, developing new products, services, features, and functionality; we may anonymize and aggregate data collected through our Services
• Monitor and analyze trends, usage, and activities in connection with our Services to better understand how users access and use our Services and platform, both on an aggregated and individualized basis, in order to improve our Services, platform and our services to our customers, and for other research and analytical purposes. We may combine and compile Your Information with other individuals’ information for the purpose of analysis.

It should be noted that some data, even if it has been anonymized, can still be used to identify people with specific medical conditions. The aggregation process involves de-identification of Your Information such that you and other individuals cannot be reasonably identified specifically.

WHEN WE SHARE INFORMATION

To the extent that you provide us with Your Information, we will use and disclose it only to the extent disclosed and permitted in this Privacy Policy. We apply reasonable and appropriate measures to safeguard the confidentiality, integrity, and availability of Your Information we store and process on behalf of you.

We may share Your Information in the following ways:

• With your consent: We will share Your Information with companies, organizations, or individuals outside of 1upHealth when we have your prior proper consent to do so, except as otherwise specified herein.
• Vendors and other third parties: We may share Your Information with third party vendors, service providers, contractors or agents who perform function or services on our behalf and require access to such information to do that work and perform our business. in each such case in compliance with HIPAA. Examples include data analysis, payment processing, hosting services, and customer support functions. Such third-party service providers will only have access to the Your Information as necessary to perform their functions and pursuant to agreements they enter into with us that require them to fully comply with our data protection policies and this Privacy Policy.
• Compliance with laws and protection of our rights: We may use and disclose Your Information to a third party if: (i) we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request; (ii) to enforce our agreements, policies and terms of service; (iii) to protect our operations and the security or integrity of 1upHealth’s products and services; (iv) to protect the property, rights, and safety of Hi Neo, you, our customers or the public from harm or illegal activities; or (v) to investigate and defend ourselves against any third-party claims or allegations and to allow us to pursue available remedies or limit the damages that we may sustain.
• Sale of the Business: 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. In the event of such an event, an acquiring company will be responsible for informing you about material changes to the way your data is used.
• Aggregate or non-identifying data: We may share aggregate or other non-Personal Information that does not directly identify you with third parties in order to improve the overall experience of your using our website and the Services that we provide.

We do not rent, sell or share Personal Information about you with other persons for their direct marketing or other purposes, without your permission.

THIRD PARTY WEBSITES

We are not responsible for the practices employed by websites linked to or from our website nor the information or content contained therein. Often links to other websites are provided solely as pointers to information on topics that may be useful to the users of our website. Please remember that when you use a link to go from our website to another website, our Privacy Policy is no longer in effect. Your browsing and interaction on any other website, including websites which have a link on our website, is subject to that website’s own rules and policies. Please read over those rules and policies before proceeding.