Privacy Statement (US)

Last Updated: February 6, 2017

Kaia is committed to protecting and respecting your privacy.

This Privacy Policy describes how we collect, use, protect and share information about you, as an individual, that we obtain when you access and use our Platform (defined below), including when you register for and use the App, create a profile, submit information and updates about your condition, participate in contests or promotions, or submit questions or feedback. This privacy policy also governs the collection and use of information when you use any of our Apps, as a part of our Platform, although we may provide additional notice and choice options within the App itself.

In addition, this Privacy Policy applies to information that we obtain when you communicate or interact with us outside of the Platform, including by e-mail, telephone and otherwise.

For purposes of this Privacy Policy, the following defined terms mean:

  • "App" refers to any downloadable application (including, a mobile application) owned or operated by Kaia. References to the "App" include any and all features, functionality, tools and content available on or through each such application.
  • "Content" refers to any and all information, videos, text, photos and other content provided or made available by Kaia on or through the Platform, including information, videos, text, photos and other content relating to physical conditions and/or exercise regimens.
  • "Kaia" "we," or "us" refer to Kaia Health Inc. and our officers, directors, employees, contractors and agents. To the extent applicable, they also refer to our affiliates, service providers and licensors, and their respective officers, directors, employees, contractors and agents.
  • "Platform" refers, collectively, to any and all Websites, Apps and Content made available to you by Kaia, including any related services and promotions, and any software and technology used to provide any of the foregoing.
  • "Users" means any and all persons that access or use the Platform. References to "access" and/or "use" of the Platform (and any variations thereof) include the acts of accessing or browsing the Platform, and accessing or using the Content.
  • "Website" refers to any website owned or operated by Kaia (including the websites currently located at https://www.kaia-health.com/ and https://app.kaia-health.com/). References to the "Website" include any and all features, functionality, tools and content available on or through each such website.

Please read this Privacy Policy carefully to understand how we will treat your information before you access or use our Platform or communicate with us outside of the Platform.

BY ACCESSING OR USING OUR PLATFORM OR COMMUNICATING WITH US OUTSIDE OF THE PLATFORM, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY, WHICH MAY BE UPDATED AND AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR PLATFORM OR COMMUNICATE WITH US.

HOW WE COLLECT INFORMATION

Information You Provide to Us

We collect and store information that you provide directly to us, including when you register for the App, create a profile, submit information and updates about your condition, when you update your e-mail preferences, respond to a survey, contact us with questions or comments, or provide other feedback.

We will not ask for or request sensitive information such, as government identifiers, or financial information, except in connection with payments. Please do not provide this information to us, including through e-mails, feedback forms or otherwise.

Information Collected While Using Our Platform

We also collect and store certain technical information when you access, browse and use our Platform. This technical information helps us operate our Platform and provide access to you, and includes standard information about visits and system capabilities, such as:

  • information about the device(s) you use to access our Platform, including MAC address, IP address, browser type and version, location, time zone setting, browser plug-in types and versions, operating system and platform, device type, and device identifiers;
  • information about your visits to the Platform and Content, including the full URL clickstream to, through, and from the Platform (including date and time);
  • information we need and use to facilitate your use of our Platform (including to provide access to third-party websites and services), such as URL requests, destination IP addresses, or device configuration details;
  • pages you view, Content you select to view, length of time viewing content; and
  • page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), your engagement with certain variable/dynamic elements of a page and methods used to browse away from the page.

We may also collect information using cookies and beacons. (See Cookies and Beacons below.)

Information Collected from Other Sources

On occasion, we may combine or compare data we have collected from you with information collected from other third-party sources and add it to the information you have provided.

Third parties that are unaffiliated with us may also collect information about you, including tracking your browsing history, when you use our Platform. We do not have control over these third-party collection practices and advise you to adjust the settings of your browsers or install plug-ins and add-ins if you wish to minimize these third-party collections.

HOW INFORMATION MAY BE USED

We may use any of the information we collect to:

  • allow us to operate our Platform, including payment processing, Platform administration, internal operations, troubleshooting, data analysis, testing, research, statistical and survey purposes;
  • manage your access to our Platform;
  • send you information that enables you to use our Platform;
  • contact you directly about activity on your account;
  • create reports for our affiliates, licensors, service providers and Users or prospective Users that may include aggregate information about the use of various aspects of the Platform;
  • comply with laws and regulations;
  • carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including billing and collection;
  • notify you about changes to our Platform;
  • protect the integrity and maintain the security of our Platform, including secured areas of the Platform;
  • in any other way that we describe when you provide the information; and
  • for any other purpose for which you may provide consent.

In some cases, how we treat and use information will depend on the type of information. Some of the information we collect through your use of our Platform or communications with us, such as your name, address, phone number, e-mail address, billing information associated with your account may personally identify you. We will treat this information as “Personally Identifiable Information.” We will also treat as Personally Identifiable Information any non-identifiable information that is combined with Personally Identifiable Information.

We may use your information, including Personally Identifiable Information, to:

  • respond to your requests, feedback or questions, including by telephone, text (SMS) or email;
  • provide you with information about Content, products or services, from us or third parties, that may interest you; and
  • send you e-mails about updates, information, or alerts regarding our Platform.

We may use technical information or non-Personally Identifiable Information to:

  • evaluate and improve our Platform and present content in the best way for you and for your device(s);
  • serve advertisements on or through our Platform; and
  • measure or understand the effectiveness of advertising we serve to you and other Users like you, and to deliver relevant advertising to you and other Users like you.

We may also combine technical information or non-Personally Identifiable Information about your use of our Platform with similar information that we obtain from other Users to use in an aggregate or anonymous manner for similar purposes.

HOW INFORMATION MAY BE SHARED

We will not sell your Personally Identifiable Information or share your Personally Identifiable Information with third parties for the third party's own direct marketing purposes without your express consent. Please note that if you click on or otherwise interact with an advertisement on our Platform, however, the advertiser may assume that you meet its target criteria, even though we have not shared your Personally Identifiable Information.

We may share information, including Personally Identifiable Information, with our licensors, service providers and agents to the extent reasonably necessary to operate and provide our Platform to you. For example, we use a third-party provider for e-mail and cannot communicate with you by e-mail without disclosing your e-mail address to our third-party e-mail provider. We do not permit these third parties to use any information we share for any purpose other than to support us and our efforts to operate and provide our Platform to you.

We may share any information, including Personally Identifiable Information with:

  • our subsidiaries and affiliates;
  • our service providers and subcontractors to the extent reasonably necessary to enable us operate and provide our Platform to you;
  • a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personally Identifiable Information held by us about our Users is among the assets transferred;
  • you, upon your written request; and
  • other third parties with your express consent.

We may also disclose your Personally Identifiable Information:

  • to comply with any court order, law or legal process, including to respond to any government or regulatory request;
  • to investigate potential unauthorized access or misuse of our Platform or otherwise enforce our Terms of Use, Supplemental Terms (as defined below), Platform Rules (as defined below) other agreements;
  • to protect our assets or rights, including for billing and collection purposes;
  • if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Kaia, our Users or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; and
  • for any other purpose disclosed by us when you provide the information.

We may share non-Personally Identifiable Information, aggregate or anonymous data:

  • with analytics, search engine, or other service providers that help us improve our Platform;
  • with other Users or prospective Users of the Platform; and
  • to advertisers and advertising networks to select and serve relevant advertisements.

In the event that we receive a request from a governmental entity to provide it with your Personally Identifiable Information, we will make reasonable attempts to notify you of such request, to the extent reasonably possible and legally permissible.

COOKIES AND BEACONS

We may use cookies, beacons and similar technologies, now or in the future, to support the functionality of our Platform. This provides a better experience when you visit our Platform and allows us to improve our Content and Platform.

  • Browser Cookies. A browser cookie is a small file placed on the hard drive of your computer. That cookie then communicates with servers, ours or those of other companies that we authorize to collect data for us, and allows recognition of your personal computer. We associate cookies with Personally Identifiable Information only if you use the automatic recognition capabilities on restricted areas of the Platform, view Content, use the personalization services available as part of the Platform, or ask us to contact you with additional marketing information. We do not otherwise collect Personally Identifiable Information from browser cookies and we do not associate browser cookies with your Personally Identifiable Information.

You may use the tools available on your computer or other device to set your browser to refuse or disable all or some browser cookies, or to alert you when cookies are being set. However, if you refuse or disable all browser cookies, you may be unable to access certain parts or use certain features or functionality of our Platform.

You may choose whether to activate automatic recognition when you register for an account. After registration, you may disable the persistent cookie that supports recognition using the tools in your browser. If you choose to disable the cookies that support automatic recognition, you will need to re-enter your User ID and password each time you access a gated portion of the Platform.

Unless you have adjusted your browser settings so that it refuses all cookies, we may use cookies when you direct your browser to our Platform.

  • Flash Cookies. Certain features of our Platform may use local stored objects called flash cookies to collect and store information about your preferences and navigation to, from and on our Platform. We also include cookies in our third-party hosted video players to count the number of unique viewers who see a video and to provide aggregate reporting. The cookies do not identify you as an individual or track your online behavior. We do not collect Personally Identifiable Information from flash cookies and we will not associate them with your Personally Identifiable Information.

Flash cookies are not managed by the same browser settings as are used for browser cookies. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse Flash cookies, please note that some parts of our Platform may be inaccessible or may not function properly.

  • Our Platform and e-mails may contain small electronic files known as beacons (also referred to as web beacons, clear GIFs, pixel tags and single-pixel GIFs) that permit us to, for example, count Users who have visited those pages or opened an e-mail and for other website-related statistics. Beacons in e-mail marketing campaigns allow us to track your responses and your interests in our content, offerings and web pages. You may use the tools in your device to disable these technologies as well.

YOUR CHOICES

You may have the opportunity to receive certain communications from us related to our Platform. If you provide us with your e-mail address in order to receive communications, you can opt out of marketing e-mails at any time by following the instructions at the bottom of our e-mails and adjusting your e-mail preferences. Please note that certain e-mails may be necessary for the operation of our Platform. You will continue to receive these e-mails, if appropriate, even if you unsubscribe from our optional communications.

Certain websites you visit may provide options regarding advertisements you receive. For more information or to opt out of certain online behavioral advertising, please visit http://www.aboutads.info.

Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Our Platform does not currently change the way they operate based upon detection of a Do Not Track or similar signal.

Please note that we cannot control how third-party websites or online services you visit through our Platform respond to Do Not Track signals. Check the privacy policies of those third parties for information on their privacy practices.

You may opt out of our direct telemarketing contacts by requesting us to remove you from our direct telemarking list. Please note that opting out from our direct telemarketing contacts does not limit us from contacting you for other purposes, including those contacts that are reasonably necessary to provide you with our Platform. If you decide to opt out of our direct telemarketing contacts, allow a reasonable time for us to process your request, and do not hesitate to contact us at Privacy@Kaia-Health.com if you encounter any problems with your request. The FTC also maintain a National Do Not Call Registry at www.donotcall.gov/register/reg.aspx. By registering your number with the FTC may also limit our direct marketing contacts to that number.

The accuracy of the information we have about you is very important. Users may update their information at any time on the account registration page. Otherwise, to review or correct your Personally Identifiable Information, you may contact us at Privacy@Kaia-Health.com.

SECURING YOUR INFORMATION

The security of your information is important to Kaia, and we have established reasonable administrative, technical, and physical safeguards designed to protect Personally Identifiable Information against loss, alteration, unauthorized access, theft, misuse or disclosure. Unfortunately, no system can guarantee complete security of your information. As a result, Kaia cannot ensure or warrant the your information, including your Personally Identifiable Information, is secure from unauthorized third parties. Thus, your use of the Platform and communication with us about them is at your own risk.

You are responsible for protecting your User ID(s) and password(s) and for the security of information that you transmit to us over the internet.

CHILDREN

Our Platform is directed to, and is intended for use only by persons who are 18 years of age or older. We do not knowingly collect information from children under 18. If you are under 18 years of age, you are not permitted to register for an account or otherwise submit any personally identifiable information to us, including your name, address or e-mail address. If we discover that we have collected any personally identifiable information from a child under the age of 18, we will suspend the associated account and remove that information from our database as soon as possible. By registering for an account or submitting any personally identifiable information to us, you represent and warrant that you are 18 years of age or older.

LINKS TO THIRD-PARTY SITES

Our Platform may contain links to third-party websites and services, including those of our partners and advertisers. Please note that these websites and services may have their own privacy policies. This Privacy Policy applies to Kaia and our Platform only. We do not accept any responsibility or liability for the policies or practices of any third parties. If you chose to access any websites or services linked from our Platform, please check the applicable policies before you use or submit any personal data to such website or service.

INTERPRETATION

Your use of our Platform may be governed by our Terms of Use located at www.kaia-health.com/terms/terms_of_use the supplemental terms that govern certain of the features, functionality, tools, content and promotions available on or through the Platform (the "Supplemental Terms"), and any and all policies and rules referenced herein or therein, posted on the Platform, or otherwise communicated to our Users (the "Platform Rules"). In the event that the provisions of any such agreement that are specific to a particular Website or App differ from or conflict with the provisions of this Privacy Policy, the terms specific to that Website or App will apply.

CHANGES TO OUR PRIVACY POLICY

We may change this Privacy Policy from time to time to align with changes to our business practices and/or changes to our legal requirements. We will post the updated Privacy Policy on this page (www.kaia-health.com/terms/privacy), and will indicate that the updates have been made by changing the effective date first written above. We urge you to check back periodically to check whether there have been updates to our Privacy Policy.

Your continued use of the Platform or communication with us after the updated Privacy Policy has been posted (or any other indication of your consent) will constitute your acceptance of the updated Privacy Policy.

Please note that we may condition your continued access to our Platform on your consent to changes to this Privacy Policy.

CONTACT

If you have questions, comments or requests relating to this Privacy Policy, please e-mail us at Privacy@Kaia-Health.com, or write to us at:

Privacy Requests

Kaia Health Inc.

177 Huntington Avenue

Boston, MA 02115