1. WHAT INFORMATION DO WE COLLECT FROM YOU?

We collect several types of information from and aboutusers of our Service (collectively “Personal Information”), including,specifically:

1. Personally identifiable information about you, which may include,, when you register with the Services, your name, home and work addresses, telephone number, email address, contact information and password, and, once you have registered, your birthdate, racial or ethnic origin, health     information, your medical history, including any diagnoses and how long you have been having symptoms, and any other information you provide to     us, or grant us access to, when you access or use the Services;
2. Information that you provide by filling in forms on our website, including at the time of registering to use the Services, using the Services, or requesting further Services. We may also ask you for information when you report a problem with our App;
3. Records and copies of your correspondence (including email addresses), if you contact us; and
4. Details of Services requested through our App and the fulfillment of your requests.  We will process Personal Information collected through the Services in accordance with applicable law and with the agreements we have with your employer, or other applicable entity that may be sponsoring your access to and use of the Services and the App (as applicable, the “Sponsor”), and as described in the Terms of Use and this Privacy Policy. If you do not want to provide us this information, please do not utilize the Services.

Information automatically collected

We may also collectinformation regarding your device when you use our App.

2. WHAT DO WE DO WITH YOUR INFORMATION?

We process your information for purposes based on legitimate business interests, the fulfillment of our contract with you, compliance with our legal obligations, and/or your consent.

We use personal information collected via our Website for a variety of business purposes described below. We process your personal information for these purposes in reliance on our legitimate business interests, in order to enter into or perform a contract with you, with your consent, and/or for compliance with our legal obligations. We indicate the specific processing grounds we rely on next to each purpose listed below.

We use the information we collect or receive: To facilitate account creation and logon process. If you choose to link your account with us to a third-party account (such as your Google account), we use the information you allowed us to collect from those third parties to facilitate account creation and logon process for the performance of the contract.

To enforce our terms, conditions and policies for Business Purposes, Legal Reasons and Contractual.

To respond to legal requests and prevent harm. If we receive a subpoena or other legal request, we may need to inspect the data we hold to determine how to respond.

To manage user accounts. We may use your information for the purposes of managing our account and keeping it in working order.

To deliver services to the user. We may use your information to provide you with the requested service.

To respond to user inquiries/offer support to users. We may use your information to respond to your inquiries and solve any potential issues you might have with the use of our Services.

For other Business Purposes. We may use your information for other Business Purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Website, products, marketing and your experience. We may use and store this information in aggregated and anonymized form so that it is not associated with individual end users and does not include personal information. We will not use identifiable personal information without your consent.

Some information Movement Health Science collects constitutes protected health information (“PHI”) under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). As set forth above, Twin Health will provide you with a Notice of Privacy Practices describing its collection, use, and disclosure of your health information. Twin Health will use and disclose PHI only as permitted in accordance with our Notice of Privacy Practices and we only collect the PHI we need to fully perform our Services and to respond to you. We may use your PHI to contact you to the extent permitted by law, to provide requested services, to provide information to your insurers, to obtain payment for our services, to respond to your inquiries and requests, and to respond to inquiries and requests from your insurers (and, as provided below, your Sponsor) and benefits program. We may combine your information with other information about you that is available to us, including information from other sources, such as from your insurers or benefits program, in order to maintain an accurate record of our participants. PHI will not be used for any other purpose, including marketing, without your consent. However, Twin Health maintains an or mative database, which includes de-identified information (as defined under HIPAA) on its book of business. The normative database is used for benchmarking, analysis, and research. All data in the normative database, if derived from your PHI, is fully de-identified to protect your confidentiality and will thereafter no longer constitute protected health information that is subject to HIPAA. Accordingly, Movement Health Science may use such de-identified data in any lawful manner, including as part of any clinical trials and studies. We may also use your Personal Information to improve our products and Services, provide information regarding health topics, deliver other information we believe you will find most relevant, and useful and in any other way we may describe when you provide the information or to which you consent. We may occasionally contact you to gather customer service information to help us determine how we can improve our Services and products to better meet your needs. We may also de-identify and/or aggregate your data so that it no longer reasonably identifies you for various business purposes including product, service and program development and improvement. De-identified data, in individual or aggregated form, may be used without restriction and for any purpose, including for research purposes both internally by Movement Health Science and with research partners and other third parties for the advancement of clinical and scientific knowledge. We may combine or cross-reference your Personal Information with general information or other information we may have acquired about you or may acquire about you through other sources, including offline sources of information to help further customize the information, products or Services we provide to you.
We use the general information we collect from you to help us understand and analyze users of our Services, including generating aggregate statistics about Services use. This data can then be used to tailor the Services’ content and deliver a better experience for our users. We may also collect, aggregate and maintain anonymous information about the visitors to our Services. We may further share such aggregate, non-identifiable information with business partners, sponsors and other third parties.

3. WILL YOUR INFORMATION BE SHARED WITH ANYONE?

We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations.

We may process or share data based on the following legal basis: Consent: We may process your data if you have given us specific consent to use your personal information for a specific purpose.

Legitimate Interests: We may process your data when it is reasonably necessary to achieve our legitimate business interests.

Performance of a Contract: Where we have entered into a contract with you, we may process your personal information to fulfill the terms of our contract.

Legal Obligations: We may disclose your information where we are legally required to do so in order to comply with applicable law, governmental requests, a judicial proceeding, court order, or legal process, such as in response to a court order or a subpoena (including in response to public authorities to meet national security or law enforcement requirements).

Vital Interests: We may disclose your information where we believe it is necessary to investigate, prevent, or take action regarding potential violations of our policies, suspected fraud, situations involving potential threats to the safety of any person and illegal activities, or as evidence in litigation in which we are involved.

More specifically, we may need to process your data or share your personal information in the following situations: Vendors, Consultants, your Employers, and Other Third-Party Service Providers. We may share your data with third party vendors, service providers, contractors  “Business Associates” (as defined under HIPAA) who perform services for us or on our behalf and require access to such information to do that work. Examples include: payment processing, data analysis, email delivery, hosting services, customer service and marketing efforts. We may allow selected third parties to use tracking technology on the Website, which will enable them to collect data about how you interact with the Website over time. This information may be used to, among other things, analyze and track data, determine the popularity of certain content and better understand online activity. Unless described in this Policy, we do not share, sell, rent or trade any of your information with third parties for their promotional purposes.

Business Transfers. 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.

Other Users. When you share personal information or otherwise interact with public areas of the Website, such personal information may be viewed by all users and may be publicly distributed outside the Website in perpetuity. Similarly, other users will be able to view descriptions of your activity, communicate with you within our Website, and view your profile.

While you may be using personal fitness devices or other data collection systems, internet-connected medical devices, or similar devices to collect biometric and other data that constitutes Personal Information and thereafter send that data to us, your relationship with Movement Health Science does not impact your rights and obligations with respect to the companies that manufactured and/or supplied those devices (the “Device Manufacturers”). Your relationship with Movement Health Science is independent of your relationship with the Device Manufacturers, and Movement Health Science is not responsible for any uses or disclosure of your Personal Information by the Device Manufacturers. Please refer to any privacy policies, terms and conditions, and license agreements you may have with the Device Manufacturers.

4. HOW LONG DO WE KEEP YOUR INFORMATION?

We keep your information for as long as necessary to fulfill the purposes outlined in this privacy notice unless otherwise required by law. We will only keep your personal information for as long as it is necessary for the purposes set out in this privacy notice, unless a longer retention period is required or permitted by law (such as tax, accounting or other legal requirements). No purpose in this policy will require us keeping your personal information for longer than the period of time in which users have an account with us. When we have no ongoing legitimate business need to process your personal information, we will either delete or anonymize it, or, if this is not possible (for example, because your personal information has been stored in backup archives), then we will securely store your personal information and isolate it from any further processing until deletion is possible.

5. HOW DO WE KEEP YOUR INFORMATION SAFE?

We aim to protect your personal information through a system of organizational and technical security measures.

We have implemented appropriate technical and organizational security measures designed to protect the security of any personal information we process. However, please also remember that we cannot guarantee that the Internet itself is 100% secure. Although we will do our best to protect your personal information, transmission of personal information to and from our Website is at your own risk. You should only access the services within a secure environment. However, despite our efforts to protect your Personal Information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your Personal Information over the Internet will be intercepted. Unfortunately, transmission of information via the Internet is not completely secure. Although we work diligently to try and protect your Personal Information, we cannot guarantee the absolute security of your Personal Information, nor can we guarantee that information that you provide will not be intercepted while being transmitted to us over the Internet. Therefore, we urge you to also take every precaution to protect your Personal Information when you are on the Internet or using the Services. 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 App or in your operating system. We are also not responsible for the data security of any Device Manufacturer.

6. DO WE COLLECT INFORMATION FROM MINORS?

We do not knowingly collect data from or market to children under 6 years of age. We do not knowingly solicit data from or market to children under 6 years of age.

By using the Website, you represent that you are at least 6 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Website. If we learn that personal information from users less than 6 years of age has been collected, we will deactivate the account and take reasonable measures to promptly delete such data from our records. If you become aware of any data we have collected from children under age 6, please contact us athey@dolevelup.com.

7. WHAT ARE YOUR PRIVACY RIGHTS?

In some regions, such as the European Economic Area, you have rights that allow you greater access to and control over your personal information. You may review, change, or terminate your account at any time.

In some regions (like the European Economic Area), you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information,(ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please use the contact details provided below. We will consider and act upon any request in accordance with applicable data protection laws.

If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal.

If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here:http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm. If you have questions or comments about your privacy rights, you may email us athey@dolevelup.com.

Your Rights Regarding Accessing and Correcting Your Information.

Account Information
If you would at any time like to review or change the information in your account or terminate your account, you can:

• Review and change your Personal Information by logging onto our platform and visiting the Account Preferences section
• Contact us using the contact information provided.

Upon your request to terminate your account, we will deactivate or delete your account and information from our active databases. However, some information may be retained in our files to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms of Use and/or comply with legal requirements.

We cannot delete your Personal Information except by also deleting your account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

With respect to any PHI MHS may obtain, you have certain rights under HIPAA to access your data, to restrict use and disclosure of it, to request communication methods, to request corrections to your data, to receive an accounting of disclosures and to receive notice of any breach. Opting out of email marketing

You can unsubscribe from our marketing email list at any time by clicking on the unsubscribe link in the emails that we send or by contacting us using the details provided below. You will then be removed from the marketing email list – however, we will still need to send you service-related emails that are necessary for the administration and use of your account. To otherwise opt-out, you may:

• Note yourpreferences when you register an account with the site.

8. WHAT ARE CONTROLS FOR DO-NOT-TRACK FEATURES

Most web browsers and some mobile operating systems and mobile applications include a Do-Not-Track(“DNT”) feature or setting you can activate to signal your privacy preference not to have data about your online browsing activities monitored and collected. No uniform technology standard for recognizing and implementing DNT signals has been finalized. As such, we do not currently respond to DNT browser signals or any other mechanism that automatically communicates your choice not to be tracked online. If a standard for online tracking is adopted that we must follow in the future, we will inform you about that practice in a revised version of this privacy notice.

9. DO CALIFORNIA RESIDENTS HAVE SPECIFIC PRIVACY RIGHTS?

Yes, if you are a resident of California, you are granted specific rights regarding access to your personal information.

California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. If you are a California resident and would like to make such a request, please submit your request in writing to us using the contact information provided below.

If you are under 18years of age, reside in California, and have a registered account with the Website, you have the right to request removal of unwanted data that you publicly post on the Website. To request removal of such data, please contact us using the contact information provided below, and include the mobile phone number associated with your account and a statement that you reside in California. We will make sure the data is not publicly displayed on the Website, but please be aware that the data may not be completely or comprehensively removed from our systems.

Additional Terms for Businesses

In the event that you are a business or other commercial entity accessing the App and the Services, you understand that the terms of your arrangement with Movement Health Science and access of the App and the Services may be subject to additional terms and conditions set forth in a Master Services Agreement or other written agreement entered into by and between you and Movement Health Science.

10. DO WE MAKE UPDATES TO THIS POLICY?

Yes, we will update this policy as necessary to stay compliant with relevant laws. 

We may update this privacy notice from time to time. The updated version will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. If we make material changes to this privacy notice, we may notify you either by prominently posting a notice of such changes or by directly sending you a notification. We encourage you to review this privacy notice frequently to be informed of how we are protecting your information.

11. HOW TO CONTACTUS ABOUT PRIVACY?

If you would like to update your Personal Information, delete your account, change your preferences or have any questions or concerns about your privacy, you may contact us at privacy@movementhealthscience.com. Please note that some information may remain in our records after deletion of your account, including any information or records we are legally obligated to retain.