Effective Date: October 12, 2020
Welcome. Vivante Health, Inc. (“Vivante Health,” “we,” “us,” or “our”) values our relationship with you and takes your privacy seriously. The purpose of this Privacy Policy is to identify how we may process, collect, store, share and use the data that we collect from you in connection with your access to and use of GIThrive®, our proprietary mobile application and web-based platform (collectively, the “Digital Platform”). This Privacy Policy also describes your rights with respect to your Personal Information (defined below), all as described in more detail below.
We may update this Privacy Policy at any time, by posting the amended version to the Digital Platform. We will announce any material changes to this Privacy Policy via email.
Please note that some of the information you provide is Protected Health Information (“PHI”) governed by the Health Insurance Portability and Accountability Act (“HIPAA”). Please see our HIPAA Notice of Privacy Practices to learn more about our collection, use and disclosure of your PHI. To the extent there are inconsistencies between the HIPAA Notice of Privacy Practices that you receive and this Privacy Policy, the HIPAA Notice of Privacy Practices will govern.
You can update your preferences with respect to your information by updating your contact information through the Digital Platform or contacting us at the email address or phone number below. Additionally, if you have any questions or concerns about this Privacy Policy or our use of your Personal Information, please do not hesitate to contact us through any of the methods listed below.
Mail: Johnson & Johnson Innovation Center,
JLabs@TMC 2450 Holcombe Boulevard Houston,
TX 77021
Phone: (888) 200-5492
Email: [email protected]
We collect information from you both when you provide it voluntarily and automatically when you access or use the Digital Platform. We may also collect personal information from your employer, health plan, and care team, which may consist of physicians, other health care professionals, and support personnel.
We may collect the following categories of Personal Information from you, depending on your interactions with the Digital Platform and the choices you make:
| Information collected through use of the Digital Platform | ||
|---|---|---|
| Categories of Information | Description of Category | How We Use This Information |
| Account Registration Information | This is the Personal Information that is provided by you or collected by us to enable you to login and access your account and the Digital Platform. This may include your name, address, email address, phone number, date of birth, gender, and health information. | To determine your eligibility to use the Digital Platform.To communicate with you through the Digital Platform, including with respect to order information.To respond to your questions and requests.To create, maintain and personalize your account with us.To provide customer support.To notify you about changes to the Digital Platform.To allow you to participate in interactive features of the Digital Platform when you choose to do so.To contact you with newsletters, marketing or promotional materials and other information that may be of interest to you.To provide you with more relevant content and advertisements.To perform other duties as required by law.To gather analysis and assess trends and interests. |
| Protected Health Information | The Digital Platform may access and process PHI submitted by you or by your care team. Our collection, use and disclosure of PHI are governed by separate terms and conditions between Vivante Health and our customers, as well as by our HIPAA Notice of Privacy Practices. PHI should only be submitted through the Digital Platform as permitted or required for use of the Digital Platform.The PHI we may collect from you, your employer, health plan, and your care team may include:Medical insurance details; Information about physical and mental health conditions and diagnoses;Treatments for medical conditions;Genetic information;Family medical history; andMedications an individual may take, including the dosage, timing, and frequency. | To determine your eligibility to use the Digital Platform.To provide, maintain, personalize and improve the Digital Platform.To create, maintain and personalize your account with us. |
| Feedback and Correspondence | We may collect the Personal Information you provide when you contact us with questions, feedback, or otherwise correspond with us online. | To communicate with you through the Digital Platform.To respond to your questions and requests.To provide customer support. |
| Demographic Data | We may collect the following Personal Information when you submit reviews or otherwise post through the Digital Platform: Date of birthGenderState/RegionPreferences | To determine your eligibility to use the Digital Platform.To provide, maintain, personalize and improve the Digital Platform.To provide customer support.To monitor the usage of the Digital Platform.To gather analysis and assess trends and interests. |
| Location Information | We may collect general location information if you use features on the Digital Platform that provide location-based services. | To provide you with location-based services.To monitor the usage of the Digital Platform.To gather analysis and assess trends and interests. |
| Usage Information | This can be information that is collected about you by automated means when you are using the Digital Platform, and this may include: Information about your interactions with the Digital Platform, which includes the data and time of any information you enter into the Digital Platform and your interactions with other users of the Digital Platform.User content you post to the Digital Platform including messages you send and/or receive and your interactions with our customer service team. Technical data which may include URL information, cookie data, web beacons and other tracking technology information, the types of devices you are using to access or connect to the Digital Platform, unique device IDs, device attributes, network connection type (e.g., WiFi, 3G, LTE, Bluetooth) and provider, network and device performance, browser type, language, and operating system. Further details about the technical data that is processed by us can be found below.The Digital Platform uses cookies, unique identifiers and similar technologies to collect information over time when you use or access the Digital Platform. We or our third-party partners use common tracking tools to collect information about the pages you view, the Digital Platform functions that you access, the buttons and icons you click, and to remember your login information and settings to make it easier and more efficient for you to use the Digital Platform.Cookies. Cookies are small data files that are downloaded onto your computer or mobile device when you use the Digital Platform, which are unique to your device or account. Cookies make it easier for you to use the Digital Platform by saving your preferences so that we can use these to improve your next and subsequent visits to the Digital Platform – for example, remembering your login information. Cookies help us learn which areas of the Digital Platform are useful and which areas need improvement. Cookies may be either persistent or temporary (or session) cookies. A persistent cookie retains user preferences for a particular website, app or service, allowing those preferences to be used in future use sessions and remains valid until its set expiry date (unless deleted by the user before the expiry date). A temporary cookie, on the other hand, will expire at the end of the user session, when the web browser or app is closed.You can choose whether to accept cookies by changing the settings on your browser or device. For more information regarding your choices with respect to cookies and other tracking technologies, please see “Your Rights and Options Regarding Your Personal Information” below. However, if you choose to disable this function, your experience with the Digital Platform may be impaired and some features may not work as they were intended. When we use cookies or other similar technologies, we may set the cookies ourselves or ask third parties to do so to help us. Pixels, Web Beacons. We or third party partners may use invisible pixels or beacons on the Digital Platform to count how many users access or use certain pages, features or content. This information is collected and reported in the aggregate. We may use this information to improve our current offerings, develop new products or services, and target information to you that may be helpful to you based upon your use of the Digital Platform. | To optimize the display of the Digital Platform on your device.To create, maintain and personalize your account with us.To provide, maintain, personalize and improve the Digital Platform.To provide customer support.To monitor the usage of the Digital Platform.To allow you to participate in interactive features of the Digital Platform when you choose to do so.To gather analysis and assess trends and interests.To provide you with advertising content in which we think you will be interested.To detect, prevent, and address technical issues.To help maintain the safety, security and integrity of the Digital Platform. |
We may use Personal Information to create anonymized and/or aggregated data that is no longer associated with individuals or with our customers. We may use and share this information for our lawful purposes.
We share non-Personal Information with third parties at our discretion, which may include the sharing of usage and aggregate data with your employer.
We may share your Personal Information with certain third parties who we engage to help us run our business and perform the services, including under the following circumstances:
Additionally, we will share your Personal Information with third parties where required by law, where it is necessary in connection with the Digital Platform, or where we have another legitimate interest in doing so.
If we are subject to a merger or acquisition with/by another company, we may share information with them in connection with the transaction.
We have put in place commercially reasonable security measures designed to reduce the risks of loss, misuse, unauthorized access, disclosure and alteration of your Personal Information. While we are committed to protecting your Personal Information, please understand that information communicated over the Internet is never 100% safe and secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security. Any transmission of Personal Information is at your own risk.
We will retain your Personal Information only for as long as is necessary for the legitimate business purposes set out in this Privacy Policy. We will retain and use your Personal Information to the extent necessary to comply with our legal, accounting, or reporting obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes and enforce our legal agreements and policies. Additionally, we may continue to store your Personal Information contained in our standard back-ups.
Marketing Preferences. You can opt out from receiving future marketing communications from us at any time by using the unsubscribe function in the email you receive from us, or contacting us as set forth under “How to Contact Us” above. Please allow sufficient time for your preferences to be processed. Even if you opt out of receiving marketing messages, we may still contact you for transactional purposes like confirming or following up on an order or service request, asking you to review a product or service you have ordered, or notifying you of product recalls. If you later opt back into getting marketing communications from us, we will remove your information from our opt-out databases.
Cookies. As noted above in “The Information We Collect” above, you can choose whether to accept cookies by changing the settings on your browser or device. However, if you choose to disable cookies, your experience with the Digital Platform may be impaired and some features may not work as they were intended.
Additionally, Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the preferences or settings page of your web browser. However, these features are not yet uniform, so we do not currently respond to such features or signals. Therefore, if you select or turn on a “do not track” feature in your web browser, we and our third-party providers may continue collecting information about your online activities as described in this Privacy Policy.
To the extent applicable, you can choose to limit the data that third party services (e.g., social media platforms) share with us using the options provided to you by the applicable third party service (for example, the options provided by a third party social media platform when you connect your social media account with the Digital Platform). You can also disconnect your use of the Digital Platform from the third-party service at any time using the options provided to you by the applicable third-party service. Please note, however, that if you disconnect from the third-party service, that will not delete the data we may have previously collected while you were connected.
We are required by the California Consumer Privacy Act of 2018 (“CCPA”) to provide this CCPA Notice to California residents to explain how we collect, use and share their personal Information, and the rights and choices we offer California residents regarding our handling of their personal information. We do not sell personal information.
This CCPA Notice does not apply to any Protected Health Information (“PHI”). This is because PHI is subject to the federal Health Insurance Portability and Accountability Act (“HIPAA”).
If you wish to exercise any such rights listed above, please contact us by:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. Please understand that we are required to verify your request and may require you to provide some information to enable us to carry out such verification. We cannot respond to your request or provide you with Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to create an account with us. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Vivante Health is a US-based provider, and our infrastructure – including databases and applications that handle and store Personal Information – is hosted in the US. As a result, it is necessary for us to transfer Personal Information to the United States to provide our services to users, pursuant to our relevant agreements with users and/or their employers.
The Digital Platform is not intended for use by children under the age of 13. By using the Digital Platform, you represent that you are at least 13. If you do not meet this age requirement, please do not access or use the Digital Platform.
If we learn that we have collected Personal Information from a child under the age of 13, we will take reasonable steps to delete it, unless we are legally obligated to retain such information. If you believe that we have collected information from a child under the age of 13, please contact us through one of the methods listed under “How to Contact Us” above.
Digital Platform may contain links to third-party websites. We have no control over how these websites collect your information and are not responsible for the content, privacy policies, actions, or security of these websites. Please make sure to read the privacy statements of these other websites that collect your Personal Information.