Last Updated:  December 21, 2020

Introduction.

We at Healthishly LLC (“Healthishly,” “we,” “us,” or “our”) created this privacy policy (“Privacy Policy”) to describe the information collection and use practices of Healthishly in connection with our online platform (the “Platform”), which is made available to you through our website at www.Healthishly.com, and which may include your use of the Platform or website entered via tabs or portals accessible via social sharing sites, whether accessed via computer, mobile device or other technology (the Platform together with the website, collectively, the “Site”) whether you’re a guest or registered user.

This Privacy Policy does not apply to personal information collected offline and does not alter the terms of any other agreement that you may have with us. Through your use or access of the Site or your acceptance of the Terms of Use, you accept and agree to be bound by the terms of this Privacy Policy, as may be amended from time to time. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use.

By using our Services, you understand and agree that collection and use of your personal information will be made in accordance with this Privacy Policy and our Terms and Conditions. When accessing the Website, the Company will learn certain information about you, both automatically and through voluntary actions you may take, during your visit. This policy applies to information we collect on the Website and in email, text, or other electronic messages between you and the Website. If you do not feel comfortable or accept any part of this Privacy Policy, please discontinue use of the Services immediately.

Information We Collect About You

“Personal Information” is data that can be used to uniquely identify or contact a single person. We do not collect any Personal Information from you unless you voluntarily provide it to us. When you sign up to use the Platform, either as a Member or a Professional, you will be asked to provide us with certain Personal Information. The Personal Information we request may depend on whether you are signing up as a Member or a Professional, and such Personal Information may include, but is not limited to, your name, email address, business address, state of residence, title, license and place of employment. We may also collect Personal Information, such as your name and email address, when you visit our Site and request information or submit comments.

When you sign up to use the Platform as a Professional, you will be given the option to provide background information on the physical or mental health conditions that you address in your capacity as a Professional (the “Services Information”). This information is not required to register, and we are not responsible for verifying the Services Information that you provide. We let you decide what information you want to share, with whom you want to share it and how it will be shared by selecting editing your profile. See below for additional information concerning your choices.

When we collect payment information directly from you, like credit card numbers and expiration dates, we transmit this data directly from you to the credit card processing company and it is not stored by Healthishly.

Please note: When communicating with us by email or through forms on our Site, we ask that you please do not send us any sensitive information pertaining to yourself, medical conditions, prescriptions, or any other information relating to diagnosis or medical treatment of any health problems.  Healthishly does not collect or store sensitive information or special categories of information.  Instead, always consult with a licensed medical healthcare professional.

Privacy of Children

Healthishly’s Services are not directed toward children under the age of 18, and we do not knowingly collect any personal information from children under the age of 18. If a child under 18 provided our Site or Apps with personal information, we ask that a parent or guardian contact us as described below so that we may promptly delete the child’s information from our record.

Usage Information, Including Cookies

As you navigate through our Website, we may use automatic data collection technologies including Google Analytics to collect certain information about your equipment, browsing actions, and patterns. This will generally include information about your location, your traffic pattern through our website, and any communications between your computer and our Website. Among other things, we will collect data about the type of computer you use, your Internet connection, your IP address, your operating system, and your browser type.

The information we collect automatically is used for statistical data and will not include personal information. We use this data to improve our Website and our service offerings. To the extent that you voluntarily provide personal information to us, our systems will associate the automatically collected information with your personal information.

We collect information provided by filling out forms on the Website, communicating with us via contact forms, responding to surveys, search queries on our search feature, providing comments or other feedback, and providing information when ordering a product or service via the Website.

We use information you provide to us to deliver the requested product and/or service, to improve our overall performance, and to provide you with offers, promotions, and information.

We collect this Usage Information by using cookies and pixel tags (also called web beacons or clear gifs). Cookies are small packets of data that a website stores on your computer’s hard drive so that your computer will “remember” information about your visit. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of web site members. You can reject cookies by following the directions provided in your Internet provider’s “help” file. If you reject cookies, you may still visit the Platform and Site, but you may not be able to use some areas of the Platform or the Site. The Usage Information is collected and used in aggregate form. We do not collect Personal Information in this way, but if you’ve provided us with Personal Information we may associate that information with the information that is collected automatically.

Third Party Use of Cookies

We may use cookies, embedded scripts, software development kits (“SDKs”) and other similar technologies (collectively, “Tracking Technologies”) to collect additional personal information automatically as you interact with the Services and to personalize your experience with our Services.

Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

Automatic data collection may be performed on our behalf by our services providers. If third parties provide such analytics services and software, the third parties may also receive the information collected and their use of such information is governed by their privacy policies.

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

Do Not Track Requests

At this time, we do not have the technological capability to respond to “Do No Track” signals, and the Site may therefore collect any information that an end user’s browser provides, such as information identifying the end user’s operating system and Internet protocol address.

How We Collect And Use Your Information

Healthishly collects your information in order to record and support your participation in the activities you select. We use this information to track your preferences and to keep you informed about the products and services you have selected to receive and any related products and/or services. As a visitor to this Website, you can engage in most activities without providing any personal information. It is only when you seek to download resources and/or register for services that you are required to provide information.

We use personal information for purposes of presenting our Website and its contents to you, providing you with information, providing you with offers for products and services, providing you with information about your subscriptions and products, carrying out any contract between you and the Company, administering our business activities, providing customer service, and making available other items and services to our customers and prospective customers.

We do not sell your Personal Information to third parties to enable them to market to you. We, like many businesses, sometimes hire other third parties to perform certain business-related functions. For example, we may use third parties to: mail information, maintain databases, host services, process or collect payments, and administer our Site or Platform. When we employ a third party to perform a function of this nature, we provide them with the information that they need to perform their specific function, which may include Personal Information. These third parties are not authorized by us to use any of your Personal Information except as needed for such specific functions.

From time-to-time, we may use the information you provide to us to make you offers to purchase products and services provided by third parties in exchange for a commission to be paid to us by such third parties. Should you opt to take part in such promotions, the third parties will receive your information.  From time-to-time, we may use the information you provide to us to display advertisements to you that are tailored to your personal characteristics, interests, and activities.

We reserve the right to disclose and transfer any information we have about you in connection with a sale, merger, consolidation, change in control, transfer of assets, reorganization or liquidation of our business. We reserve the right to disclose, at our discretion, any information as needed if that information is requested by law enforcement agencies or if we are required to do so by applicable law, treaty, regulation, subpoena, court order, or by a government entity. We also may disclose your personal information to third parties if we have reason to believe that disclosing such information is necessary to conduct investigations of possible breaches of law, to cooperate in any legal investigation, or to identify, contact, or bring legal action against someone who may be violating our Terms of Use or any other agreement with us. We also may disclose your information when we have reason to believe that someone is or may be causing injury to or interference with our rights or property, other members of this Platform, or anyone else that could be harmed by such activities.

Uploading Content; Testimonials

You can decide what information you would like to share and have shared about you through the Platform and the Site and with whom you would like to share such information by selecting what information you share. You are solely responsible for the information and other content you post on or through our Site. You understand that if you choose to share any of your Personal Information, Wellness Information, Services Information or other information through posts on or through public areas of our Site, such information is generally accessible to, and may be collected and used by, others and may result in unsolicited messages or other contact from others. Further, if those individuals are not subject to federal or state health information privacy laws, subsequent disclosure by such persons and entities may not be prohibited and/or protected by those laws. Users of our Site are encouraged to exercise caution when posting Personal Information about themselves in public areas. You warrant that you have permission to use and share any third party information and you agree to indemnify, defend and hold harmless Healthishly from and against any claim, liability, cost and expense arising in connection with your provision of such information.

If you choose to submit a testimonial through the Platform, you acknowledge and agree that your testimonial may be visible on the Professional’s profile and that none of the information contained in your testimonial (including, without limitation, Personal Information and/or Wellness Information) is covered by this Privacy Policy and we are not responsible or liable in any way for the accuracy of that information or how the Professional uses that information. If you submit a testimonial, you can remove that testimonial at any time. You may request that any testimonial that you did not submit (including one that someone submitted about you) that you believe is inappropriate or objectionable be removed by Healthishly.

How We Protect Your Information; Data Security

We have implemented reasonable measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. Any payment transactions will be encrypted using SSL or other encryption technology, or will use our third party payment processors, who will use appropriate security procedures.

The safety and security of your information also depends on you. Where you have chosen a password for access to certain parts of our Services, you are responsible for keeping this password confidential. You should not share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we strive to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Services.  If you believe that any of your personal information held by Healthishly has possibly been compromised, please contact us immediately as described in the “Contact Us” section below.

Accessing and Modifying Account Information

You may update the information that is stored in your member account by logging into your account and updating your account information.

Your California Privacy Rights

This section applies solely to individuals who reside in the State of California. Pursuant to Section 1798.83 of the California Civil Code (the “Shine the Light Law”), residents of California have the right to request from a business, with whom the California resident has an established business relationship, certain information with respect to the types of personal information the business shares with third parties for direct marketing purposes by such third party and the identities of the third parties with whom the business has shared such information in the immediately preceding calendar year. To access this information, contact Healthishly at support@healthishly.com.  Healthishly will endeavor to respond to such requests within a reasonable time by providing a report that includes the information required by applicable law. Please be advised that Healthishly is not required to respond to requests from any individual resident under the Shine the Light Law more frequently than once per calendar year. Only you or a person you formally authorize to act on your behalf, may make a verifiable consumer request related to your personal information as a California consumer.  If you use an authorized agent to submit such a request, we will require written proof that the authorized agent has been authorized to act on your behalf or a copy of the power-of-attorney document granting that right.  

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions.  California residents have the right to opt-out of having their personal information sold.  We recognize and respect that you have the right to not receive discriminatory treatment by the business.  To exercise the access, data portability, and deletion rights described above as a California resident, please submit a verifiable consumer request to us by contacting us as described in the “Contact Us” section below.  If you are a California resident, you can request a notice disclosing the categories of personal information we have shared with third parties for the third parties’ direct marketing purposes. To request a notice, please submit your request by contacting us as described in the “Contact Us” section below.

Links

The Platform and the Site may contain links to other sites which are not under the control of Healthishly. We do not endorse such sites and we are not responsible for the accuracy, privacy practices or any other aspect of the content of such sites. Please refer to the privacy policies of those sites for more information on how the operators of those sites collect and use your Personal Information.

Important Notice to Non-U.S. Residents

The Site and Platform are operated in the United States. If you are located outside of the United States, please be aware that any information you provide to us may be transferred to, processed, maintained, and used on computers, servers, and systems located where the privacy laws may not be as protective as those in your jurisdiction.  If you choose to use our Website while located outside the United States, such as in the EEA, the United Kingdom, Switzerland, Canada, Australia, New Zealand, or elsewhere, you hereby irrevocably and unconditionally consent to such transfer, processing, and use of your information in the United States and elsewhere. If you do not wish for your information to be transferred to, processed, or maintained outside of the country or jurisdiction where you are located, you should immediately cease accessing our Site or Apps.

GDPR Rights

If you are within the European Union, you are entitled to certain information and have certain rights under the General Data Protection Regulation. Those rights include:

We will retain the any information you choose to provide to us until the earlier of: (a) you asking us to delete the information, (b) our decision to cease using our existing data providers, or (c) the Company decides that the value in retaining the data is outweighed by the costs of retaining it.

You have the right to request access to your data that the Company stores and the rights to either rectify or erase your personal data.  You have the right to seek restrictions on the processing of your data.  You have the right to object to the processing of your data and the right to the portability of your data.  To the extent that you provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent at any time, without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.  You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.

We require only the information that is reasonably required to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.

Changes to This Privacy Policy

We reserve the right to change or replace this Privacy Policy at our sole discretion at any time. It is our policy to post any changes we make to our privacy policy on this page. Such changes, modifications, additions, or deletions shall be effective immediately upon posting unless otherwise indicated. Your continued use of our Site or Platform after changes are posted will be deemed to constitute your agreement to and acceptance of such changes, and we may treat information collected through the Site and the Platform in accordance with the revised Privacy Policy, including information we have collected at a prior time when a previous version of this privacy policy was in effect. If you do not consent to our privacy practices as described in the revised version of the Privacy Policy, do not use the Site or the Platform in any manner, and we will continue to treat previously collected information in accordance with the privacy practices described in the applicable, prior version of this Privacy Policy or as otherwise required by applicable law.

How to Contact Us

We welcome your questions and comments about our Privacy Policy. If you have questions about this Privacy Policy, please e-mail us at support@healthishly.com.