WellBe's Bracelet and App Privacy Policy


Last Revised: August 8, 2016

 

WellBe Ltd. (“WellBe”, “Company”, “we” or “us”) respects the privacy of the users of its bracelet monitoring device (the “Bracelet”) and our mobile application (the “App”), and is committed to protect its users' information. We believe that you have a right to know our practices regarding the information we may collect and use when you use our App.

This Privacy Policy (“Privacy Policy”) applies to Users of the Bracelet and App (“User” or “you”). Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use at https://thewellbe.com/pages/terms-of-use (“TOU”), into which this Privacy Policy is incorporated by reference.

1. Your Consent (PLEASE READ CAREFULLY!)

    BY PURCHASING THE BRACELET, CONNECTING SUCH BRACELET TO THE APP AND/OR BY ENTERING, CONNECTING TO, ACCESSING OR USING THE SOFTWARE AND/OR APP, AND/OR BY INSTALLING THE APP ON YOUR MOBILE DEVICE, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY, INCLUDING TO THE POSSIBLE COLLECTION, TRANSFER, STORAGE AND PROCESSING OF YOUR PERSONAL INFORMATION (AS DEFINED BELOW). IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT ENTER TO, CONNECT TO, ACCESS OR USE THE BRACELET AND/OR SOFTWARE AND/OR APP IN ANY MANNER, DO NOT INSTALL THE APP OR PROMPTLY ERASE THE APP FROM YOUR DEVICE. YOU MAY RETURN YOUR BRACELET IN ACCORDANCE WITH THE PURCHASE WARRANTY.

    2. Which information we may collect on our Users?

      We may collect two types of data and information from our Users:

      1. Non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information. Non-Personal Information is any unconcealed information which does not enable identification of an individual User, and which is available to us while such User is installing the App and/or entering and/or using the Software and/or App. Non-personal Information which is being gathered consists of technical information, behavioral information and aggregated information, and may contain, among other things, the activity of the User on the Software and/or App, type of operating system, type of User's device and its operating system and version, User's 'click-stream', the hardware specifications of such device (including screen resolution), time spent on various screens of the App, etc.

      2. Personally identifiable information (“Personal Information”). This information may identify an individual or may be of a private and/or sensitive nature.
        • Users of the App may automatically provide their IP address (or Mac Address, as applicable) mainly for enhancing the User’s experience and for geo-location and security purposes as further detailed below.
        • In addition, Personal Information which is being gathered consists of any personal details provided consciously and voluntarily by the User. The Personal Information is collected from the details the User provides when opening an Account in order to use the Service. The following information may be requested of Users to create an Account using our registration form: the User's full name, date of birth, address, phone number, e-mail address, age and gender. WellBe hereby reserves the right to request additional information in the future. Alternatively, the User can open an Account and signup to the Service via their social networks accounts (e.g., Facebook, etc.). Once such approval is provided by the applicable social network will provide us with access to information about the User, namely, the User's email, name, public profile, age, gender, his/her list of friends and/or any other information which is displayed to the User in the notice which appears during the integration process with such social network account. Please read carefully such notice in order to understand what information is available to WellBe via the social network account. We may collect your login information and other relevant information necessary to enable us to access your social network account in order to collect the abovementioned data. WellBe may store the above-mentioned information (or any part of it), in order to achieve the purposes set forth below. Please remember that the manner in which the applicable social network uses, stores and discloses your information is governed solely by its policies and WellBe shall have no liability or responsibility for the privacy practices or other actions of the applicable social network that may be available within our App. If you do not agree to these practices please do not approve this social network integration feature.
        • Users of the Bracelet may provide us with certain data through the Software such as User's moods, activity and overall emotional and mental state, which are in turn uploaded to the App. 
        • Personal Information may be collected from the details the User may provide us while contacting us via the support e-mail address available on the App.
        • In addition, Personal Information which is being gathered consists of any personal details provided consciously and voluntarily by the User during his/her use of the Software and/or App.

      In addition, certain elements of our Service are subject to payment of certain fees, as specified in the App. You will have the option to use certain online payment method which will require you to provide to the applicable Online Payment Processors certain Personal Information (such as, a credit card number and other related billing information). We will not store such information in our servers.

      For avoidance of doubt, any Non-Personal Information connected or linked to any Personal Information shall be deemed as Personal Information as long as such connection or linkage exists.

      We do not collect any Personal Information from you or related to you without your approval, which is obtained, inter alia, through your active acceptance to the TOU and the Privacy Policy.

      3. How Do We Collect Information on Our Users?

      There are a few methods we use:

      1. We collect information through your entry, connection, installation, access and/or use of the Software and/or App. In other words, when you are using the Software and/or App we are aware of it and may gather, collect and store the information relating to such usage, either independently or through the help of third-party service providers as detailed below.
      2. We collect information which is provided to us during the registration process. Subject to your approval, we may collect GPS information, information from your calendar from your mobile device and/or information provided to us from your social network account.
      3. We collect information which you provide us voluntarily.  For example, we collect information through your use of the Software and/or App (such as information which is provided to us through the pairing of your Bracelet to the App). We may gather, collect and store the Personal Information either independently or through the help of authorized third-party service providers, as detailed below.

      4. What are the Purposes of the Collection of Information?

        Non-personal Information is collected in order to:   

          • Use it for statistical, analytical and research purposes and for customization and improvement of our Software and/or App and Services.
        Personal Information is collected in order to:
          • Provide and improve our Software and/or App.
          • Customize and enhance the User's experience.
          • Allow us to contact you with proposals and tailored information regarding new products, events, offers, services, features, enhancements, special offers, upgrade opportunities, and events of interest etc.
          • Send push notifications to the User's device after the User has agreed to accept push notifications from WellBe. Users can deactivate push notification by changing the notification settings on their device (iOS) or by changing your settings within our Services (Android).
          • Verify the User's identity when he/she connects to the App, as well as verifying User's identity for the purpose of dealing with fraudulent use of the App.
          • Determine geo-location information from which the User's device is connected to the Internet in order to provide the App's functionality, as well as for security purposes.
          • Be able to contact Users for the purpose of providing them with technical assistance and support.

        5. Sharing Information with Third Parties

          WellBe will not share the Personal Information gathered during your use of the Software and/or App with any third party. Notwithstanding, WellBe may share any Personal Information it collects with third parties in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena or governmental request; (b) to enforce this Privacy Policy, including investigation of potential violations thereof; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to respond to User's support requests; (e) to respond to claims that any content available on the Software and/or App violates the rights of third-parties; (f) to respond to claims that contact information (e.g. name, e-mail address, etc.) of a third-party has been posted or transmitted without their consent or as a form of harassment; (g) to protect the rights, property, or personal safety of WellBe, its Users, Patients, or the general public; (h) when WellBe is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of its assets (while such transaction may include a transfer of information to an entity which may be located in a country that does not have the same data protection laws as the User's jurisdiction); (i) to collect, hold and/or manage your Personal Information through WellBe's authorized third parties service providers (including, as applicable, their affiliates as necessary to provide us with the requested services), as reasonable for business purposes, which may be located in a country that does not have the same data protection laws as your jurisdiction; (j) to store or process your Personal Information through WellBe's affiliated companies, which may be located in a country that does not have the same data protection laws as your jurisdiction. WellBe requires its affiliated entities to agree to processing your Personal Information in compliance herewith; and/or (k) pursuant to your explicit approval prior to the disclosure.

          For avoidance of doubt, WellBe may collect, use, process, transfer and disclose Non-personal Information to third parties at its own discretion.

          6. Deletion or Modification of Personal Information

          If for any reason you wish to delete or modify the Personal Information collected about you through the Software and/or App, you can do so by sending us an e-mail of your request to support@thewellbe.com and we will make reasonable efforts to modify or delete any such Personal Information pursuant to any applicable privacy laws. Note that unless you instruct us otherwise we may retain and use your Personal Information for as long as reasonably required for the purposes of which such Personal Information was collected, including without limitation, for future analytics and analysis, in order to comply with our legal or business requirements or obligations, to resolve disputes, to enforce this Privacy Policy and/or to enable Users to reinstate Accounts, all as permitted under any applicable privacy laws.

          Aggregate and/or anonymous information derived from your use of the Software and/or App may remain on WellBe's servers indefinitely.

          7. Minors

          Our Bracelet and App are available only to individuals who are (a) at least 13 years of age; and (b) possess the legal authority to enter into these Terms of Use, to purchase the Bracelet, use the App and/or Service (as defined hereunder) in accordance with all terms and conditions herein, and to fully perform Your obligations hereunder. If you are 13 or older but under the age of 18, You should review the Terms with Your parent or guardian to make sure that You and Your parent or guardian understand them and agree to be bound by them and to comply with all applicable laws and regulations regarding the use of the Service.

          8. Security

          We take reasonable measures to maintain the security and integrity of our Software and/or App and User information and prevent unauthorized access to it or use thereof through generally accepted industry standard technologies and internal procedures. Please note, however, that there are inherent risks in transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use of your Personal Information will never occur. WELLBE SHALL NOT BE RESPONSIBLE OR LIABLE FOR UNAUTHORIZED ACCESS, HACKING, OR OTHER SECURITY INTRUSIONS OR THE THEFT, DELETION, CORRUPTION, DESTRUCTION, DAMAGE, OR LOSS OF ANY DATA OR INFORMATION THEREOF.

          9. Third Party Service Providers

          We may be using other third party software or service in order to collect, host, store and/or process the information detailed herein. WellBe uses commercially reasonable efforts to engage with third parties that post a privacy policy governing their collection, processing and use of non-personal and personal information. Such service include without limitation, Google Analytics whose privacy policy can be found at: http://www.google.com/intl/en/policies/privacy/; Amazon whose privacy policy can be found at: http://www.amazon.com/gp/help/customer/display.html?nodeId=468496; Cordova whose privacy policy can be found at https://cordova.apache.org/docs/en/latest/guide/appdev/privacy/; and, Microsoft whose privacy policy can be found at https://www.microsoft.com/EN-US/privacystatement/SQLServer/Default.aspx; However, WellBe does not control such third party service providers. Please read their terms of use and privacy policies to understand their privacy practices.

          10. Social Features

          Our App includes social media features (“Social Features”). The Social Features are operated or allow for social integration with certain third party social networks or third party platforms (“Social Network” or “Platform(s)”). These Social Networks and Platforms are created and maintained by third parties who are not affiliated with and/or controlled by WellBe. If you enable this integration with such Social Networks and Platforms, your use of the Social Features is subject to the applicable third party Social Network’s or Platform’s terms of use and privacy policies. You should ensure that you read their terms of use and privacy policies to understand how they treat your information and in order to understand the methods for changing the privacy or sharing settings on such services. If you do not agree to the practices described in such terms you should not allow the Site to interact with such Social Networks or Platforms, however you may find that you are not able to enjoy all the features that may be made available via the Site. You understand that where you allow interaction with any third party Social Network or Platform, we may share data about you with your contacts (and vice versa) in order that you may enjoy social elements. This data may include, without limitation, your name and your social media profile picture. By using the Social Features you hereby agree and understand that the applicable Social Networks or Platforms may collect certain Personal Information, such as your IP address, Non-personal Information and may set cookies and/or other web tracking technologies to enable the functionality of the Social Features. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the third party that provides the Social Features. You hereby understand and agree that when you share content via Social Networks or Platforms that your content may become public and others may re-post-it.

          11. Payment

          Payments are processed via Online Payment Services. The use of the Online Payment Services is at your sole discretion and liability. It is your responsibility to abide by all the terms specified by the Online Payment Services' providers in their terms of use and privacy policies, including but not limited to any age restrictions specified therein.

          12. Cookies and Other Tracking Technologies

          When you access or use the App, WellBe and/or our third party service providers may use industry-wide technologies such as "cookies" or other similar technologies, which store certain local information on your device (“Cookies”), which may enable, inter alia, automatic activation of certain features and make the User’s experience and usage simpler, more relevant, convenient and effortless. Such information is locally stored on your device. WellBe and/or our authorized third party service providers may access such information. WellBe and/or our authorized third party service providers may use both session cookies (which expire once you close the App) and persistent cookies (which stay on the User’s device until he/she deletes them). Such Cookies included in the App may store non-personal information (such as the different pages viewed by a User within the App). It is easy to prohibit and/or delete the Cookies, inter alia, via uninstalling the App from your device and/or through the Settings option of your device. Most platforms will allow you to erase cookies from your device, block acceptance of cookies, or receive a warning before a cookie is stored. In order to erase or disable the Cookies you may use the settings option of your device or according to the specific instructions provided by the third party service provider's privacy policy and terms of use. However, if you block or erase cookies, or change the settings of your device, your online experience may be limited. Third-party cookies usually store only a Non-personal Information, such as the pages you have visited, the duration of your browsing, etc. WellBe does not control such third party service providers.

          13. Links to Third Party Sites

          Certain links provided in the App permit Users to leave our App and enter non-WellBe sites or services. These linked sites and services are not under the control of WellBe, and WellBe is not responsible or liable for such linked sites and services' privacy practices and/or any other practices. Your access to, use of and reliance upon any such sites, services and content and your dealings with such third parties are at your sole risk and expense. Those linked sites and services are provided solely as a convenience to you.  Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information they are collecting.

          14. International Data Transfer

          In order to provide the Software and/or App, we may transfer information collected about you, including Personal Information, to affiliated entities, or to other third party service providers across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that we may transfer such information to a country and jurisdiction that does not have the same data protection laws as your jurisdiction, and you consent to such transfer of information.

          14. Direct Marketing

          You hereby agree that we may use your contact details for the purpose of informing you of products, services and other updates and new features which may be of interest to you, as well as for sending you other materials to the e-mail address you provided in the registration process. You may withdraw your consent via sending a written notice to WellBe by e-mail to the following e-mail address: support@thewellbe.com or alternatively following the instructions for removing yourself from the mailing list which are available in the e-mail transmitted to you.

          15. Changes to the Privacy Policy

          The terms of this Privacy Policy will govern the use of the Software and/or App and any information collected therein. WellBe reserves the right to change this policy at any time, so please re-visit this page frequently. We will provide notice of substantial changes of this policy on the Software and/or App and/or we will send you an e-mail regarding such changes to the e-mail address that you may have provided us with. Such substantial changes will take effect seven (7) days after such notice was provided on our Software and/or App or sent by e-mail, whichever is the earlier. Otherwise, all other changes to this Privacy Policy are effective as of the stated “Last Revised” date and your continued use of the Software and/or App after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

          16. Got any Questions?

          If you have any questions (or comments) concerning this Privacy Policy, you are most welcome to send us an email to support@thewellbe.com and we will make an effort to reply within a reasonable timeframe.