Last Modified: August 19, 2024

Effective Date: August 19, 2024

1. Introduction

WELLD HEALTH, LLC (“Welld”, “we”, “us”, or “our”) respects your privacy and seeks to protect the privacy of its users through this Privacy Policy (the “Privacy Policy”). This Privacy Policy describes the privacy practices for the Welld website at https://www.welldhealth.com/ (the “Welld Website”), Welld’s website applications (collectively, the “Welld Applications”), and other related systems, services, and points of collection upon which the Privacy Policy is posted or noticed and that are owned and operated by Welld (collectively, the “Welld Services”). If you choose use the Welld Applications, such use is also subject to the Welld End User License Agreement located at https://welldhealth.com/eula (the “EULA”), which incorporates this Privacy Policy by reference.

This Privacy Policy does not apply to websites, applications, or other services where it is not posted or that are run by third parties, and you should reference any third party’s privacy policy for information on how it may collect and use your information.

Welld may amend or otherwise modify this Privacy Policy at any time, so please revisit this page periodically to check for updates. The date the Privacy Policy was last modified is shown at the top of this document. You acknowledge and accept that changes to this Privacy Policy are effective immediately when published. Your use of the Welld Services to which this Privacy Policy applies indicates your acceptance and agreement with the Privacy Policy and any changes thereto. By continuing to access and use the Welld Services, you agree that you have read and understand this Privacy Policy, and that you accept and consent to our privacy practices described herein. If you do not agree to the terms of this Privacy Policy, do not use the Welld Services or provide any information to us.

2. The Welld Services.
   
   A. What Information Do We Collect?

Welld provides online services that facilitate preventative health programs in community settings, including the storage of referral information and health records, programs data, utilization data, and demographic information to simplify the payment of insurance claims for users.

In providing the Welld Services to you, we may collect, use, and share certain “Personal Information,” which means information which is related to an identified or identifiable natural person. Some Personal Information you may provide to Welld may constitute “Sensitive Information” under applicable U.S. data privacy laws, which includes Personal Information that reveals your: (i) Social Security, passport, driver’s license number, or other state identification number; (ii) account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; (iii) geolocation; (iv) racial or ethnic origin, religious or philosophical beliefs, union membership, sexual orientation, or citizenship or immigration status; (v) information revealing a mental or physical health diagnosis, or genetic or biometric data for the purpose of uniquely identifying a natural person. The information you choose to provide when using the Welld Services may also include information that relates to your past, present, or future health or wellbeing, the provision of health care to you, or the past, present, or future payment for the provision of health care to you (“Health Information”).

The Personal Information we collect, use, and/or share depends on how you use the Welld Services, interact with us, and direct us to use and/or share your information. Personal Information we may collect or obtain includes:

• Computer, device, and technical information, such as online identifiers like IP Addresses;
• Personal identification information (such as contact details like your first and/or last name, email address, mailing address, phone number, emergency contact information, etc.);
• Personal details or demographic information (such as your date of birth, education, nationality, racial or ethnic origin, etc.);
• User account names and passwords;
• Information related to the Welld Services (e.g., customer requests, statistics, etc.); and
• Health Information that relates to your use of the Welld Services (e.g., your enrollment in a fitness, health, or exercise program (the “Programs”), if any, and the status or results of your enrollment in such Programs).

B. How Do We Collect Personal Information?

• We may collect computer, device, and technical information, such as online identifiers, automatically from you when you use the Welld Services:
  • We may automatically collect information about you and/or your devices when you use certain Welld Services, including the Welld Website, such as web analytical information (e.g., materials you access, the amount of data transferred, the links you click, the amount of time you spend interacting with content, and other information about your interactions with the Welld Services), as well as certain information that your Internet Protocol (IP) address, operating environment (such as browser type and version, browser plugins installed, operating system version, regional and language settings, screen size and/or resolution, windows size, and page size), access dates and times, and referring websites. We may also collect diagnostic information about your devices and how the Welld Services function on such devices.
  • The Welld Services may use cookies and similar technologies as described herein.
• You may provide personal identification information and personal details to us either directly or indirectly when using the Welld Services.
  • You may provide us with contact details such as your first and/or last name, email address, mailing address, phone number, emergency contact information, etc., when you register and create an account with us (a “Welld Account”) or otherwise use the Welld Services. Welld’s registration process may change from time to time, and a Welld Account is required to access the Welld Application and certain other Welld Services.
  • You may choose to directly provide us with contact information and other personal details such as your date of birth, etc., or you may direct an Approved Third Party (as defined herein) to share such information with us.

• User account names and passwords. We may obtain this information when you create a Welld Account or otherwise use the Welld Services.
• Financial and transaction data.
  • You may provide us with shipping and billing information, including credit card and financial account/direct deposit information, in connection with your use of the Welld Services.
  • You may also choose to provide us with insurance account information or transaction data in connection with the Welld Services, or we may collect such information from an Approved Third Party at your direction.

• Information related to your use of the Welld Services. We may collect and store your customer requests and other information regarding your use of the Welld Services.
• Health Information.
  • You may choose to provide us with certain Health Information, either directly or indirectly (such as from an Approved Third Party), when using the Welld Services.
  • Welld may collect fitness tracker information, physical activity data or other Health Information that you choose to provide.

In connection with your use of the Welld Services, you may choose to provide information that is considered Sensitive Information under applicable law, either directly or indirectly with us (e.g., your social security number, financial account and payment/card information, certain personal details such as your racial or ethnic origin, information revealing a mental or physical health diagnosis, or genetic or biometric data). You agree and acknowledge that you explicitly consent to our collection, use, and sharing of any Personal Information considered Sensitive Information as described herein. If you do not consent, do not use the Welld Services or provide us with any Sensitive Information.

If you are accessing or using the Welld Services in conjunction with a third party, such as a fitness or wellness center, your provision of Personal Information may be subject to the third party’s privacy policy.

C. How Do We Use and Share Personal Information?

How we use and share Personal Information depends on your use of the Welld Services and how you direct us to share your information or what services you request. Based on your use, we may use and/or share Personal Information:

• To provide the Welld Services – We use your Personal Information to allow you to access and use the Welld Services and to enable you to set up a Welld Account with us, and for us to provide related support.
• At your direction with Approved Third Parties – If you direct us to, we may collect or share certain Personal Information and/or Health Information with third parties, including your health club, physician, or insurance provider, that are also approved by Welld (“Approved Third Parties”). You may “connect” with these Approved Third Parties through the Welld Services. For example, we may share Personal Information with your approved insurance provider for the purpose of processing or facilitating the payment of a claim or benefit. Such information is shared only for legitimate business purposes such as delivering requested services to you.
  • You may also share Personal Information or Health Information with Approved Third Parties, such as your health club, physician, or insurance provider, directly at your discretion when using the Welld Services. Welld will not share your Personal Information or Health Information with Approved Third Parties unless you initiate or direct the sharing of such information or instruct us to share such information to fulfill certain services you have requested.
  • Sharing information with Approved Third Parties through the Welld Services is your choice. By choosing to share information, either directly or indirectly, through Welld/using the Welld Services, you consent to Welld sharing such information, including Personal Information and Health Information, as applicable, for the legitimate business purposes described herein, with the Approved Third Party. You may choose to stop sharing information with Approved Third Parties at any time, however, certain Welld Services may not be available to you if you do not share certain Personal Information and/or Health Information.
  • Should you choose to share information directly or indirectly with a third party using the Welld Services, any Approved Third Party’s use of your information is determined by your relationship with the third party and is subject to the Approved Third Party’s privacy policy and/or practices. You understand and agree that Welld is not responsible or liable for any misuse of your information shared by Welld or you through the Welld Services with Approved Third Parties
• With Service Providers – We may disclose certain information to our vendors, service providers, agents, or others who perform functions, such as web hosting or data hosting, payment processors, etc., on our behalf for legitimate business purposes.
• To Communicate with You – We may use your Personal Information to manage your Welld Account and communicate with you about the Welld Services, including the status or progress of certain payments or other services with Approved Third Parties, to provide you with marketing and promotional materials and opportunities and facilitate social sharing, and to send you marketing communications and other offers that we believe may be of interest to you.

In addition to the disclosures noted above, we may also share aggregated and de-identified information with third parties for research or other purposes. We do not sell Personal Information for monetary consideration, nor do we share any Personal Information with third parties for targeted advertising purposes. Please contact legal@welldhealth.com regarding questions about the use or sharing of your Personal Information, or if you wish to opt-out of the sharing of your Personal Information for certain purposes.

We may also share your Personal Information: (i) to comply with legal requirements, such as governmental requirements, subpoena, discovery requests, or court orders, to defend any legal or administrative proceedings, or as we believe in good faith is necessary to comply with any laws or legal requirements; (ii) as we believe is necessary or appropriate in an emergency situation, including without limitation, to prevent criminal activity, personal injury, or property damage; (iii) to law enforcement, financial institutions, or other appropriate authorities in connection with any investigation of suspected criminal or fraudulent activity by any person or entity; and (iv) if we believe it is necessary or appropriate to protect the rights, property, or safety of Welld, our users, or third parties (including, without limitation, to facilitate the enforcement of our rights).

D. Minors.

The Welld Services, including our online services and public websites, are not targeted to children. Children under the age of 18 are not permitted to use the Welld Services or Welld software without a parent or guardian. We do not knowingly collect information online from children under 18. If we discover that we have collected personal information from a child under 18, we will take steps to delete such information.

Welld may collect and store the Personal Information of individuals under 18 that participate in programs delivered by or facilitated through relationships with Approved Third Parties when their Personal Information has been provided by, or with the consent of, a parent or guardian. Welld does not sell the Personal Information of users under 16 years of age or share their Personal Information for purposes not described herein without consent.

E. Cookies

We use cookies and other similar technologies, such as HTML5 local storage, to provide the Welld Services. Cookies are small text files placed onto your device when you visit and interact with the Welld Website. Local storage is a technology that allows a website or application to store information locally on your device. These technologies enable us to provide and enhance your experience using the Welld Services. We use these technologies to provide the Welld Services to you and to analyze and improve the the Welld Services, such as to:

• Enable essential functions of the Welld Services, such as to facilitate logging you in to the Welld Services, protecting your security, and helping us fight spam, abuse, and violations of our Acceptable Use Policy (available at https://welldhealth.com/);
• Remember information about your browser and your preferences;
• Help us understand and measure how you use the Welld Services to improve them; and

Most browsers allow you to modify your settings to accept or deny all cookies or to request your permission each time a website attempts to place a cookie on your device, and most browsers allow you to delete cookies that have already been placed on your device. The Welld Services may not function properly if you prevent it from placing cookies on your device or limit the cookies collected. At this time, the Welld Services do not respond to “Do Not Track” signals sent to us by your browser.

F. Programs

If you enroll in a Program through the Welld Services, specific information about your enrollment in the Program and the activities, measurements, outcomes, and results associated with each Program in which you have enrolled may be stored using the Welld Services and shared with Approved Third Parties at your request.

G. Storing Personal Information & International Transfer.

The Welld Services are intended for users in the United States. We will only store and use your Personal Information as is reasonably necessary or appropriate in connection with your use of the Welld Services. You understand and agree that we and/or our services providers may transfer, process, maintain, and store your Personal Information and other information outside of the United States. By using the Welld Services, you understand that your information may be transferred to countries outside of your country of residence, including the United States, which may have data protection rules that are different from those of your country.

3. THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996, AS AMENDED (“HIPAA”).

If your Health Information is protected by HIPAA because it was obtained from, or created on behalf of, a Covered Entity (as that term is defined by HIPAA), Welld will comply with its obligations as a HIPAA Business Associate or as a subcontractor of a HIPAA Business Associate (as that term is defined by HIPAA), as applicable. Those obligations include, among other things, compliance with the Covered Entity’s Notice of Privacy Practices. You may exercise any rights granted to you by HIPAA by contacting Welld’s HIPAA Security Officer at Cassandra@welldhealth.com.

4. Security

We take commercially reasonable measures to secure your Personal Information from accidental loss and from unauthorized access, use, and disclosure. The safety and security of your information also depends in part on you. You are responsible for safeguarding your user account credentials and notifying us immediately if you suspect your credentials or Welld Account have been compromised. Unfortunately, the transmission of information via the Internet is not completely secure. Although we take reasonable measures to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted to or through the Welld Services. Any transmission of Personal Information is at your own risk. We are not responsible for the circumvention of any privacy settings or security measures in the Welld Services by you or others.

5. Third Party Sites.

The Welld Services may contain links to other websites that are operated by third parties. Once you have clicked on a link connecting you to such third party website, you will leave the Welld Services and be taken to a website that we do not control. This Privacy Policy does not apply to any Personal Information (or other information) collected on a third party site. We suggest you read the privacy policy of the third party site before providing any Personal Information on such third party site. We are not responsible for any use by any person or entity of any information that you may provide while accessing or using any websites or services provided by a third party.

6. Consumer Rights.

• Right to access– You may request access to the Personal Information we have collected from you. In certain circumstances, you may request copies of your Personal Information, and we may charge you a small fee for this service.
• Right to correct– You may request that we correct, complete, or update Personal Information that you believe is inaccurate or not up to date.
• Right to delete– You may request that we delete the Personal Information we have collected from you, under certain conditions. In some circumstances, we note that this may prevent us from providing certain products or services to you as described below.
• Right to opt-out – You may choose to opt-out of the processing of your Personal Information for certain purposes and under certain conditions. However, as noted above, Welld does not currently sell Personal Information or share it for purposes of targeted advertising.
• Right to data portability– You may request that we transfer the Personal Information that we have collected from you to another organization or to you, under certain conditions.
• Non-Discrimination – We will not discriminate against you because you exercise your rights. For example, we will not deny you goods or services or charge you a different price or rate for goods or services if you make an access, correction, or deletion request.

If you would like to exercise any of these consumer rights, please contact us at legal@welldhealth.com or call us at (434) 974-9890. We note that certain information associated with operation of the Welld Services may be retained permanently for legal, tax, and business reasons. In addition, because certain Personal Information may be necessary to provide the Welld Services to you, you understand that the removal of that Personal Information may require us to close your Welld Account. When your Personal Information is updated or deleted, copies of such information may remain in our backups for a period of time.

Rights in Certain U.S. States.

Users of the Welld Services residing in certain U.S. states may have different or additional rights under applicable laws. You or your legally designated representative may contact us for more information or to submit a request to exercise your rights under such applicable laws by emailing us at legal@welldhealth.com.

7. Contacting Us.

You may contact us with questions relating to this Privacy Policy by email at legal@welldhealth.com or by mail at Welld Health, LLC, Attn: Chris Craytor, 455 2nd Street SE, Suite 301, Charlottesville, VA 22902.