Privacy Policy

OPTIMITY (FORMERLY MYHEALTHSPHERE) PRIVACY POLICY

 

Updated to: April 9, 2016

OPTIMITY Inc. (MYHEALTHSPHERE) wants to ensure that you are aware how we collect and use information you supply to us when using our service. By accepting our Privacy Policy and Terms of Service in registering to use our service, you consent to our collection, storage, use and disclosure of your personal information as described in this Privacy Policy.

If you have questions or complaints regarding our privacy policy or practices, please contact us as described in the section titled ‘Contact Us’.

Introduction

OPTIMITY’s online tool enables you to better manage your health and wellbeing (the “Service”). In this policy, "OPTIMITY" refers to OPTIMITY Inc. and its Affiliates, which shall mean subsidiaries, parent companies, joint ventures and other corporate entities under common ownership. We may also refer to OPTIMITY as "We" or "Us".

This Privacy Policy describes:

  • The information We collect, how We do so and the purposes of our collection
  • How We use and with whom We share such information
  • How you can access and update such information
  • The choices you can make about how We collect, use and share your information
  • How We protect the information We store about you

If you access our Services from a third party site, you may be required to also read and accept the third party’s terms of service and privacy policy.

Information We Collect

Information We Receive About You

OPTIMITY may request and store some or all of the following information, as allowed by you and your preferences:

  • your first and last name
  • your profile picture or its URL
  • your user ID number, which is linked to publicly available information such as name, profile photo, groups you belong to, events you are attending, challenges you are participating in and actions you choose to share.
  • the login e-mail you provided at the time you registered
  • your physical location and that of your access devices
  • your gender
  • your birth date
  • your wellness objectives

By using the Service you are authorizing OPTIMITY to collect, store, and use in accordance with this Privacy Policy any and all information that you agreed the third party could provide to OPTIMITY. Your agreement takes place when you "accept" or "allow" (or similar terms) one of our applications.

Transfer of HealthKit Data

You can choose to connect and share your OPTIMITY information with HealthKit and your HealthKit information with OPTIMITY. The information you provide to HealthKit is then governed by the Apple Terms and Conditions and Privacy Policy. The unique information you choose to send from HealthKit is not used by OPTIMITY for marketing and advertising or transferred by OPTIMITY to third parties for marketing and advertising.

Information We Collect from You Directly

When you interact with the Service (whether or not on a third party site) We may collect and store information from you directly as described below:

Registration Information

We may allow you to “register” with Us by using our Service directly and not through a third party site. We may provide a typical registration flow where you may be required to provide the following information: your age or birthday; your first and last names; your e-mail address; a password and other information that helps Us confirm that it is you accessing your account.

We may also offer you the option to complete a user profile that is visible to other users of our Service. Your user profile may include: a profile photo; one or more Service username(s); your gender; details about your nutrition and fitness activity; and a user ID number that we create which is used to identify your profile.

The OPTIMITY user ID number used to identify your account and profile will be public to users in your company and will appear in the URL of your profile page, but will only permit access to information that is considered public or that you have designated as public in your settings.

Your first and last names and profile picture are considered "public" on OPTIMITY websites that offer direct access to OPTIMITY Services and search engines may index this publicly available information. When We offer profiles, We will also offer functionality that allows you to opt-out of public indexing of your public profile information.

Information We Receive or Collect When You Access OPTIMITY Services on a Mobile Device

If you use OPTIMITY Services on your mobile telephone or other mobile device, including iPads and tablets, We collect your mobile device identifier and IP Address. In certain Services We will create and assign to your device an identifier that is similar to an account number. We may collect the name you have associated with your device, device type, country, and any other information you choose to provide, such as user name, character name or e-mail address.

Payment Information

If a third party is not paying for the service on your behalf, We will collect the billing and financial information necessary to process your charges for OPTIMITY Services which require payment, which may include your postal and e-mail addresses. OPTIMITY may also receive the billing and payment information that you provide when your purchase is processed by another party, such as Paypal. Our Terms of Service explain our policies and terms relevant to our charges and billing practices. Please note that establishing an account with a third party payment processor, like Paypal, may also be subject to additional policies.

Technical and Usage Information

When you access our websites or use our Services, We collect (i) certain technical information about your mobile device or computer system, including IP Address and mobile device ID; and (ii) usage statistics about your interactions with the Service. This information is typically collected through the use of server log files or web log files (“Log Files”), mobile device software development kits and tracking technologies like browser cookies to collect and analyze certain types of technical information. Some of the cookies the Service places on your computer are linked to your user ID number(s). For more information on how We utilize cookies and other tracking technologies please review the "Cookies and Automated Information Collection" portion of Section 3 ("How We Collect Information about You").

How We Collect Information About You

We may collect information about you in any one or more of the following ways:

Information about Users and the Services they use

When you use one of our Services, OPTIMITY collects and stores certain information that you provide directly or through the third party website that is offering our Service(s). To provide a richer experience, We also collect information about your interaction with the Service. The bulk of this information is collected and stored through the use of Log Files, which are files on our web servers that record actions taken on our Services and websites.

Communications Features

You may be able to take part in certain activities on our Services that give you the opportunity to communicate or share information not just with OPTIMITY, but also with other users of our Service. These include:

  • participating in forums and message boards
  • posting public comments to other users' profiles or on a stream
  • sending private messages or invitations to other users, either directly on our websites or to their e-mail accounts
  • chat with other users
  • posting photos
  • linking certain actions to other social media outlets such as Facebook, Twitter, Linkedin, etc.

We may record and store archives of these communications on OPTIMITY's servers or alternatively on a third party service provider’s servers, to protect the safety and wellbeing of our users and OPTIMITY's rights and property in connection with the service. If your activities take place on third party sites then your communications may be stored on those sites and is subject to the privacy policies of those third party sites. You acknowledge and consent to the recording and storage of such communications for these purposes.

Cookies and Automated Information Collection

When you access the Service, We collect certain technical information in order to (i) analyze the usage of our sites and services; (ii) provide a more personalized experience; and (iii) manage testimonials.

You can set your web browser to warn you about attempts to place cookies on your computer or limit the type of cookies you allow.

Other Sources

We may collect or receive information from other sources including third party information providers. This information will be used to supplement your profile - primarily to help you and your friends connect. It will be combined with other information We collect.

How We Use the Information We Collect

In general, We collect, store and use your information to provide you with a safe, smooth, efficient, and customized experience. For example, We may use information collected from you in any one or more of the following ways:

  • to create your user accounts and allow you to use our Services
  • to identify and suggest connections with other OPTIMITY users
  • to suggest relevant activities and events
  • to enable user-to-user communications
  • to provide technical support and respond to user inquiries
  • to prevent fraud or potentially illegal activities, and enforce our Terms of Service
  • to deliver and target resources
  • to notify users of updates
  • to solicit input and feedback to improve OPTIMITY products and services and customize your user experience

One important use of your information is communication. If you have provided your e-mail address to OPTIMITY, We'll use it to respond to (i) customer support inquiries, and (ii) keep you informed of your activity, including comments and invites from friends. Some messages, such as invites for friends to join you, may include your name and profile photo. We may also send promotional e-mail messages ("Promotional Communications") directly or in partnership with parties other than OPTIMITY. Each Promotional Communication will generally offer recipients choices about receiving additional messages.

Sharing of Your Information

We will share your information (in some cases personal information) with third parties, that is parties other than OPTIMITY, in the following circumstances:

Third Party Service Providers

We will provide your information to third party companies to perform services on our behalf, including payment processing, data analysis, e-mail delivery, hosting services, customer service and to assist Us in our marketing efforts. We direct all such third party service providers to maintain the confidentiality of the information disclosed to them and to not use your information for any purpose other than to provide services on OPTIMITY's behalf.

Third Parties that Have Purchased OPTIMITY on Your Behalf

We will provide information for aggregate reporting to third party companies who have purchased OPTIMITY Services on your behalf, including aggregate participation in events, aggregate interests, aggregate health conditions, aggregate wellness objectives, improvements in aggregate health statistics. Our collection, use, and disclosure of anonymous or aggregated information are not subject to any of the restrictions in this Privacy Policy.

Safety, Security and Compliance with Law

Your information, and the contents of all of your online communications (including without limitation chat text, voice communications, IP addresses and your personal information) may be accessed and monitored as necessary to provide the Service and may be disclosed: (i) when We have a good faith belief that We are required to disclose the information in response to legal process (for example, a court order, search warrant or subpoena); (ii) to satisfy any applicable laws or regulations (iii) where We believe that the Service is being used in the commission of a crime, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (iv) when We have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person or the public generally; and (v) in order to protect the rights or property of OPTIMITY, including to enforce our Terms of Service.

Sale or Merger

In the event that OPTIMITY undergoes a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, We may transfer all of your information, including personal information, to the successor organization in such transition. If material changes to OPTIMITY's privacy practices will occur as a result of the business transition, We will notify you and other users (in the manner described in Section 12) of the business transition prior to transferring your personal information.

Our Policies Concerning Children

Our Services are not intended for children under the age of 13 and We do not knowingly collect any personal information from such children. Children under the age of 13 should not use our Services at any time. In the event that We learn that We have inadvertently gathered personal information from children under the age of 13, We will take reasonable measures to promptly erase such information from our records.

How to Access and Update Your Information

Information We Receive From a third party site when You use Our Service

To manage the information OPTIMITY receives about you from a third party site where you use our Services, you will need to follow the instructions at that site for updating your information and changing your privacy settings. You can manage certain aspects of information collection and use by going to the settings of your (mobile) device and reviewing the permissions of each application.

Once OPTIMITY receives your information from a third party site, that information is stored and used by OPTIMITY in accordance with this Privacy Policy, and you may access and update that information as described below. User accounts created with OPTIMITY are considered active until We receive a user request to delete them or deactivate them.

Other Methods of Accessing and Controlling your Information

If you no longer want OPTIMITY to make active use of your information, you may send an e-mail to info@myoptimity.com. Place "Delete My Account" in the subject line and include your first name, last name, e-mail address and user ID number for the third party site from which you access our Services (if applicable) in the body of the e-mail. We will respond to your request within thirty (30) days. Please note that certain records, for example those pertaining to payments or customer service matters, will be retained for legal and accounting purposes. If you have sent or posted content on the Service, We may not be able to delete it.

If you wish to review or change the information OPTIMITY has about you, e-mail Us at the address provided herein.

If you have additional questions about this Privacy Policy, contact Us at info@myoptimity.com.

Your Sharing and Messaging Options

Information We Receive from Third Party Sites Where You use a OPTIMITY Service

If you use our Services at a third-party site, OPTIMITY will be able to access and store profile and other information about you as described above. The categories of information you share with Us will depend, in part, on the permissions you grant Us and the privacy settings you have established at the third party site where you access the application. OPTIMITY does not offer an "opt out" option for specific fields that are shared by the third party site where you access and use the Service(s).

Opting Out of Other Communications

When you install our apps on your mobile device you can choose to receive push notifications. You can turn off push notifications by visiting the “options” or “settings” page within the relevant Service. You may also receive local notifications. You can turn off local notifications by visiting the “options” or “settings” page within the relevant Service.

We may e-mail or communicate with you from time to time if We need to provide you with information or if We need to request information from you with respect to a transaction initiated by you or for other legitimate non-marketing reasons.

Security of Your Information

OPTIMITY implements reasonable security measures to protect the security of your information both online and offline, and We are committed to the protection of customer information. In the event that We are aware of a breach of information We will inform you and your employer of the breach.

For user accounts registered directly with OPTIMITY profile information is protected by the password each member uses to access their online account. It is important that you protect and maintain the security of your account and that you immediately notify Us of any unauthorized use of your account. If you forget the password to your OPTIMITY account, the website allows you to request that instructions be sent to you that explain how to reset your password. When you sign into your account or enter payment information (such as a credit card number when purchasing virtual currency), We encrypt the transmission of that information using secure socket layer technology ("SSL").

While We take reasonable precautions against possible security breaches of our websites and our customer databases and records, no website or Internet transmission is completely secure, and We cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. We urge you to take steps to keep your personal information safe (including your account password), and to log out of your account after use. If your third party site account is hacked, this may lead to unauthorized use of OPTIMITY Service you have registered to use, so be careful to keep your account information secure. If you have questions about the security of our websites, please contact Us at info@myoptimity.com.

Unfortunately, the transmission of information over the Internet is not completely secure. Although We strive to protect your personal data, We cannot guarantee the security of your data while it is being transmitted to our site; any transmission is at your own risk. Once We have received your information, We have procedures and security features in place to try to prevent unauthorized access.

Foreign use of the Service.

To the extent that you are accessing the Service while domiciled outside of the United States, you acknowledge that the Personal Information you are providing Us is collected and stored in the United States and therefore consent to the transfer of information to and storage of the information outside of your domiciled country and in the United States.

 California User Consumer Rights.

In accordance with California Civil Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints with California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov. For more information about protecting your privacy, you may wish to visit: http://www.ftc.gov. If you have questions about this policy, please contact us at info@myoptimity.com.

Changes to Our Privacy Policy

If We decide to make material changes to our Privacy Policy, We will notify you and other users by placing a notice on myOptimity.com or by sending you a notice to the e-mail address We have on file for you. We may supplement this process by placing notices in our Services. You should periodically check myOptimity.com and this privacy page for updates.

Right to Access

Users in certain jurisdictions have a right to access personal information held about themselves. Your right of access can be exercised in accordance with applicable law. Please submit any requests for access to your personal data in writing to info@myoptimity.com.

Contact Us

If you have any questions, comments or concerns regarding our Privacy Policy and/or practices, please send an e-mail to info@myoptimity.com. All other inquiries should be directed to OPTIMITY's Feedback Page or info@myoptimity.com.

 

©OPTIMITY, Inc.

25 Capreol Court - Suite 3303, 

Toronto, Ontario

Canada, M5V 3Z7