Privacy Policy

This Privacy Policy applies to personal information processed by us, including on our websites, mobile applications, and other online or offline offerings. To make this Privacy Policy easier to read, our websites, mobile applications, and other offerings are collectively called “Services”. An Important Note: This Privacy Policy does not apply to any of the personal information that our customers may process using Health Rhythms’ products and services (“Customer Data”). Our customers’ respective privacy policies govern the collection and use of Customer Data. Our processing of Customer Data is governed by the contracts that we have in place with our customers, not this Privacy Policy. Any questions or requests relating to Customer Data should be directed to our customer.

The categories of personal information we collect depend on how you interact with us, our Services and the requirements of applicable law. We collect information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

A. Information You Provide to Us Directly
‍
We may collect the following personal information that you provide to us.

Account Creation:
We may collect information when you create an account, such as a unique  participant ID or an email address or phone number or your date of birth.

Clinical Trials: We may collect information such as your name, email address, and address. We may also collect information that you choose to self-report, such as mood, gender, age, employment status, year of birth, sleep patterns, and other relevant health information if you use our services in connection with a clinical trial in which you are participating.

Your Communications with Us:
We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request customer or technical support, apply for a job or otherwise communicate with us.

Surveys:
We may contact you to participate in surveys.  If you decide to participate, you may be asked to provide certain information which may include personal information.

Business Development and Strategic Partnerships:
We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.

Job Applications:
We may post job openings and opportunities on our Services. If you reply to one of these postings by submitting your application, CV and/or cover letter to us, we will collect and use your information to assess your qualifications.

B. Information Collected Automatically
‍
We may collect personal information automatically when you use our Services:

Automatic Data Collection When You Visit Our Website:
We may collect certain information automatically when you use our Services, such as your Internet protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services. Location Information. When you allow us to do so, we collect precise location information, such as GPS coordinates or location derived from Wi-Fi and cell towers to identify frequency, duration, and distance of your travels for the purpose of providing the Services.

Automatic Data Collected When You Use Our Mobile Application:
We may also automatically collect additional information through our mobile application continuously in the background, if you allow access through the settings on your device, such as physical activity and pedometer information (e.g., number of steps you take each day), location information,  smartphone use (e.g., how long your screen is on or unlocked) and information from your phone’s health applications. If you do not want us to collect this information, you can change the settings on your device or within our mobile application.

Cookies, Pixel Tags/Web Beacons, and Other Technologies:
We, as well as third parties that provide content, or other functionality on our Services, may use cookies, pixel tags, local storage, and other technologies (“Technologies”) to automatically collect information through your use of our Services. Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.

Pixel Tags/Web Beacons:
A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.Our uses of these Technologies fall into the following general categories:

Operationally Necessary-This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity and improve security or that allow you to make use of our functionality; Performance-Related-We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below); and Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed. See Section 5 below to understand your choices regarding these Technologies. Analytics. We may use Technologies and other third-party tools to process analytics information on our Services, such as Google Analytics.

For more information, please visit Google Analytics’ Privacy Policy. To learn more about how to opt-out of Google Analytics’ use of your information, please click here.

Google Fit Data Use:
Limited Use Policy (LUP) -Activities: To better understand how your daily activities affect your mood and overall well-being. Sleep: to better understand how your sleep affects your mood and overall well-being. The App use and transfer to any other app of information received from Google APIs will adhere to the Google API Services User Data Policy, including the Limited Use requirements:
1. Allowed Use: accessing and using data obtained through Google Fit APIs is to provide users with personalised fitness and sleep tracking analysis.
2. Allowed Transfer: we only access the minimum necessary data required to achieve the purpose defined in this policy.
3. Prohibited Advertising: we do not sell, share or transfer data for advertisements. This includes personalized, re-targeted and interest-based advertising.
4. Prohibited Human Interaction: we implement appropriate technical and organizational measures to ensure the security and confidentiality of the data, including access controls, data retention policies, and encryption methods.
5. AI/LLM: Our mobile application will not share any data with third-party AI Models.This Limited Use Policy ensures we always comply with Google's API Services User Data Policy.

Social Media Platforms:
Our Services may contain social media buttons such as LinkedIn and Twitter (that might include widgets such as the “share this” button or other interactive mini programs). These features may collect your IP address, which page you are visiting on our Services, and may set a cookie to enable the feature to function properly. Your interactions with these platforms are governed by the privacy policy of the company providing it.

Biometric Information:
If you consent to our collection of biometric information or if our collection of biometric information is otherwise permitted, you agree that we may collect your sleep patterns, or behavioral rhythms in order to analyze your daily patterns and mental and behavioral health related activities. Your biometric information may be shared with health service providers. Where required by law, we will delete your biometric information within 3 years from your last interaction with our Services.

C. Information Collected from Other Sources

We may obtain information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect information about you from that third-party application that you have made available via your privacy settings.

We use your information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

Provide Our Services
We use your information to fulfill our contract with you and provide you with our Services, such as:Managing your information and accounts;Providing access to certain areas, functionalities, and features of our Services;Answering requests for customer or technical support; Communicating with you about your account, activities on our Services, and policy changes; Processing applications if you apply for a job, we post on our Services; andAllowing you to register for events.

Administrative Purposes
We use your information for various administrative purposes, such as:Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;D etecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity; Measuring interest and engagement in our Services; Improving, upgrading or enhancing our Services; Developing new products and Services; Ensuring internal quality control and safety;Authenticating and verifying individual identities; Debugging to identify and repair errors with our Services; Auditing relating to interactions, transactions and other compliance activities; Enforcing our agreements and policies; and Complying with our legal obligations.

Marketing and Advertising our Products and Services
We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law. Some of the ways we market to you include email campaigns.If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth below.

Other Purposes
We also use your information for other purposes as requested by you or as permitted by applicable law.

Consent:
We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

De-identified and Aggregated Information:
We may use personal information and other information about you to create de-identified and/or aggregated information, such as de-identified demographic information, de-identified location information, information about the device from which you access our Services, or other analyses we create.

Share Content with Friends or Colleagues:
Our Services may offer various tools and functionalities. For example, we may allow you to provide information about your friends or colleagues through our referral services. Our referral services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services.

We disclose your information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below. 

A. Disclosures to Provide our Services
The categories of third parties with whom we may share your information are described below. Service Providers. We may share your personal information with our third-party service providers who use that information to help us provide our Services. This includes service providers that provide us with IT support, hosting, payment processing, customer service, and related services.

Business Partners:
We may share your personal information with business partners to provide you with a product or service you have requested. We may also share your personal information to business partners with whom we jointly offer products or services.

Clinical Research Partners:
We may share your personal information and information automatically collected through the services (e.g., pedometer data, behavioral data, etc.) with our Clinical Research Partners if you have consented to participate in a clinical trial. For more information about your rights with respect to the clinical trial, please refer to the Informed Consent Form provided to you by the Clinical Research Partner.

Affiliates:
We may share your personal information with our company affiliates. 

Advertising Partners:
We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising” or “personalized advertising.” 

APIs/SDKs:
We may use third-party Application Program Interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. For more information about our use of APIs and SDKs, please contact us as set forth below.

B. Disclosures to Protect Us or Others
We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

C. Disclosure in the Event of Merger, Sale, or Other Asset Transfers
If we are involved in a merger, acquisition, financing due diligence, reorganization, bankruptcy, receivership, purchase or sale of assets, or transition of service to another provider, your information may be sold or transferred as part of such a transaction, as permitted by law and/or contract.

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. We have taken appropriate safeguards to require that your personal information will remain protected and require our third-party service providers and partners to have appropriate safeguards as well. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized disclosure.

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail or by sending an email to you.

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws.  

Name of data controller and contact details:
Health Rhythms, Inc.
28-07 Jackson Avenue
Long Island City, NY 11101 USA
hi@healthrhythms.com

Purposes of the processing: The purposes of the processing are described in the section of this Privacy Policy entitled How We Use Your Information.

Lawful basis for the processing: Generally, we process personal data on the basis that the processing is necessary for purposes of our legitimate interest in conducting our business in a manner typical in the US health information technology industry, having taken into account any risks to your fundamental rights and freedoms (including your right to privacy).We also may process personal data on other bases permitted by the EU General Data Protection Regulation (“GDPR”), the UK Data Protection Act 2018 (“UK GDPR”) and other applicable laws, such as when the processing is necessary for us to comply with our legal obligations.

The legitimate interests of the controller or third party, where applicable: Our specific legitimate interests, such as responding to your requests, comments and questions, providing you with support and improving our Services, are described in the section of this Privacy Policy entitled How We Use Your Information,The categories of personal data concernedThe categories of personal data that we process are described in the section of this Privacy Policy entitled Information We Collect.

The recipients or categories of recipients of the personal data:
Health Rhythms, Inc. is headquartered in the USA and the website is hosted in the USA.  On 10 July 2023, the European Commission adopted an adequacy decision with respect to the transfer of personal data from the EEA to the US.  On 21 September 2023, the United Kingdom adopted a “data bridge” framework between the UK and the US.  Switzerland has not yet finalized an adequacy determination.

Health Rhythms, Inc. has not yet certified to the Data Privacy Framework, but will update this Privacy Policy when self-certification has been completed. When you provide your personal data to us via the website or contact us by email, you are providing your personal data directly to the USA.

Before you provide your personal data to us via the website, we request your explicit consent to the transfer of your personal data to the USA. When you email us, the fact that you have chosen to email us knowing that we are located in the USA will be understood to constitute your express consent to the transfer of the personal data in your email (including your email address) to the USA.Regardless of the differences in US and European privacy laws, we safeguard your personal data as described in this Privacy Policy.  If we transfer your personal data to a third party, we require the third party to commit contractually to process your personal data only in ways that are consistent with this Privacy Policy.

The period for which the personal data will be stored, or the criteria for determining the retention period: How long we retain personal data varies according to the type of data in question and the purpose for which it is used.  See the section entitled Retention of Personal Information

This Supplemental Notice for California Residents only applies to our processing of personal information that is subject to the California Consumer Privacy Act of 2018 (“CCPA”). The CCPA provides California residents with the right to know what categories of personal information Health Rhythms has collected about them and whether Health Rhythms disclosed that personal information for a business purpose (e.g., to a service provider) in the preceding 12 months.

California residents can find this information below:

Category of Personal Information Collected by Health RhythmsCategory of Third Parties Information is Disclosed to for a Business PurposeIdentifiers. A real name, Internet Protocol address, email address, account name, or other similar identifiers. Clinical Research PartnersService providersPersonal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))A name, physical characteristics or description, or medical information.Clinical Research PartnersService providersProtected classification characteristics under California or federal lawAge (40 years or older), medical condition.Clinical Research PartnersService providersBiometric informationBehavioral, characteristics that can be used to establish individual identity, and gait patterns, or rhythms, and sleep, health or exercise data that contain identifying information.Clinical Research PartnersService providersInternet or other electronic network activityInformation on a consumer's interaction with an internet website or application.Service providersGeolocation dataPhysical location or movements.Clinical Research PartnersService providersSensory dataAudio, electronic, or similar information.Service providersProfessional or employment-related information (job applicants only)Current or past job history or performance evaluations.Service providersInferences drawn from other personal information to create a profile about a consumerProfile reflecting a consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.Clinical Research PartnersService providersThe categories of sources from which we collect personal information and our business and commercial purposes for using personal information are set forth above. “Sales” of Personal Information under the CCPAFor purposes of the CCPA, Health Rhythms does not “sell” personal information, nor do we have actual knowledge of any “sale” of personal information of minors under 16 years of age.Additional Privacy Rights for California ResidentsNon-Discrimination. California residents have the right not to receive discriminatory treatment by us for the exercise of their rights conferred by the CCPA. Authorized Agent. Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. To designate an authorized agent, please contact us as set forth below.Verification. To protect your privacy, we will take the following steps to verify your identity before fulfilling your request. When you make a request, we will ask you to provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative, which may include your name and participant ID.If you are a California resident and would like to exercise any of your rights under the CCPA, please contact us as set forth below. We will process such requests in accordance with applicable laws.Accessibility. This Privacy Policy uses industry-standard technologies and was developed in line with the World Wide Web Consortium’s Web Content Accessibility Guidelines, version 2.1. If you wish to print this policy, please do so from your web browser or by saving the page as a PDF.

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Information to third parties who intend to license or sell that Personal Information. You can exercise this right by contacting us at hi@healthrhythms.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Information as sales are defined in Nevada Revised Statutes Chapter 603A.

Protecting children’s privacy online is very important to us. Although our Services are designed for a general audience, we take additional steps to obtain the parent’s verifiable consent before collecting any information from a child. We also limit personal information collection and sharing to only what is necessary to support the internal operations of our Services.If you are a parent or guardian and wish to review information collected from your child, or have that information modified or deleted, you may contact us as described below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it, and terminate the child’s account, if applicable.

Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk. Supervisory Authority. I

f you are located in the European Economic Area, Switzerland, the United Kingdom or Brazil, you have the right to lodge a complaint with a supervisory authority if you believe our processing of your personal information violates applicable law.Changes to our Privacy Policy.

We may revise this Privacy Policy from time to time at our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:
‍
Health Rhythms, Inc.
28-07 Jackson Ave
Long Island City
New York, NY 11101
857-529-7367
hi@healthrhythms.com