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Privacy Policy

EFFECTIVE DATE: September 1, 2023

Last Updated: October 2, 2023

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Our Commitment To Privacy

Virtual Health 360, Inc. (“VH360,” “we,” “us,” or “our”) values your privacy. In this Privacy Policy (“Policy”), we describe how we collect, create, use, process and disclose information that we obtain about visitors to our website www.vh360.co (the “Site”), users of our mobile Application (the “App”) and the services available through our Site and App (collectively, the “Services”). We do not sell, trade or rent your personal information; we do use the information we collect to try to enhance your experience with us.

By visiting the Site, using or downloading the App, or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site, App or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service (“Terms”), including its applicable limitations on damages and the resolution of disputes. The VH360 Terms of Service are incorporated by reference into this Policy. Conflicts or inconsistencies between this Privacy Policy and the Terms will be interpreted with precedence given to the Privacy Policy with respect to its subject matter. We may provide additional privacy notices that supplement or amend the disclosures contained in this Privacy Policy.  These notices are presented and maintained in the footer of every web page within the application.

We encourage you to read this Privacy Policy from top to bottom. Please take care not to rely on the section headings or takeaways:  they are intended for reference and convenience only.  They are not considered in how this Privacy Policy is to be interpreted.

The Information We Collect About You

We collect information about you directly from you and from third parties, as well as automatically through your use of our Site or Services.

Information We Collect Directly From You. 

We collect your name and email address when you register to use our Services. When you create your profile, you may also submit information including your phone number, information about your age, and your personal health goals. In addition, if you make a purchase, we will also request that you provide your credit or debit card information and your billing address.


If you are a Virtual Physical Therapist (Content and/or service Provider), we will collect your name, email address, phone number a description of you and the name and location you work out of. When you create your profile as a Physical Therapist, you may also submit information including a profile picture, certifications, and a video of yourself.

 

Information We Collect Automatically.

We automatically collect information about your use of our Services through cookies, web beacons, and other technologies, including technologies designed for mobile apps. We combine this information with other information we collect about you. Please see the section “Cookies and Other Tracking Mechanisms” below for more 
information.

Site:

  • domain name;

  • your browser type and operating system;

  • web pages you view; links you click; your IP address;

  • the length of time you visit our Site and or use our Services; and

  • the referring URL, or the webpage that led you to our Site.


App:

  • mobile device ID; device name and model; operating system type, name, and version

  • language information;

  • activities within the App; and the length of time that you are logged into our App;

  • location information. With your permission, we will collect location information from your mobile device to help you identify local businesses such as fitness centers and gyms near your location. You may turn off this feature through the location settings on your mobile device.

How We Use Your Information

We use your information, including your personal information, for the following purposes:

  • To provide our Services to you, to communicate with you about your use of our Services, to respond to your inquiries, to fulfill your orders, and for other customer service purposes.

  • To tailor the content and information that we may send or display to you, to offer location customization, and personalized help and instructions, and to otherwise personalize your experiences while using the Site, App or our Services.

  • For marketing and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.

  • To better understand how users access and use our Site, App and Services, both on an aggregated and individualized basis, in order to improve our Site, App and Services and respond to user desires and preferences, and for other research and analytical purposes.

  • To protect our own rights and interests, such as to resolve any disputes, enforce our Terms of Service, or to respond to legal process.

How We Share Your Information

We may share your information, including personal information, as follows:

  • VH360 Users. When you work out with other VH360 users, we will display your profile image, name and wearable device data as described above shown in leader boards and within group goals or challenges. When you post to the Services, such as to comment on a blog post, your first name, last initial and city along with any information that you post to our Site or App, including, without limitation, reviews, comments, and text will be available to, and searchable by, all Site, App and Services visitors.

  • Physical Therapist (Content Providers). If you are a Content Provider, we will display your profile image, name, and the name of the business you work at/your location, if available, when users search for sessions or when users use your videos.

  • Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.

  • Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf but they are not able to use your information for any purpose other than the services they perform for us.

  • Sponsors and other corporate participants. From time to time, under certain voluntary programs, we may, with your further consent, share such information as your activity levels (# of classes taken, # of minutes in class, # of steps taken), and the like.

We may also share information in the following circumstances:

  • Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.

  • In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.

  • To Protect Us and Others. We also may disclose the information we collect from you where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the safety of any person, violations of our Terms of Use or this Policy, or as evidence in litigation in which we are involved.

Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.

How We Store Your Data. VH360 securely stores your data in the US on dedicated servers. We have extensive security and privacy policies and protocols in place to protect your personal information.

VH360 will keep your personally identifiable data for ten years after you close your account. Once this time period has expired, we will systematically delete your data.

Our Use of Cookies and Other Tracking Mechanisms

We and our third party service providers use cookies and other tracking mechanisms to track information about your use of our Site, App or Services. We may combine this information with other personal information we collect from you (and our third party service providers may do so on our behalf).

Cookies. Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site and Services, while others are used to enable a faster log-in process or to allow us to track your activities at our Site and Service. There are two types of cookies: session and persistent cookies.

  • Session Cookies. Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.

  • Persistent Cookies. Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity, and to display advertising both on our Site and on third-party sites.

 

Disabling Cookies. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Site who disable cookies will be able to browse certain areas of the Site, but some features may not function.

Clear GIFs, pixel tags and other technologies. Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags), in connection with our Site, App and Services to, among other things, track the activities of Site visitors and App users, help us manage content, and compile statistics about Site and App usage. We and our third party service providers also use clear GIFs in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Third Party Analytics. We use automated devices and applications, such as Google Analytics, to evaluate usage of our Site and, to the extent permitted, our Application. We also may use other analytic means to evaluate our Services. We use these tools to help us improve our Services, performance and user experiences. These entities may use cookies and other tracking technologies to perform their services. We do not share your personal information with these third parties.

Do Not Track. Currently, our systems do not recognize browser “do-not-track” requests. You may, however, disable certain tracking as discussed in this section (e.g., by disabling cookies); you also may opt-out of targeted advertising by following the instructions in the Third Party Ad Network section. It is important to note that if you disable all cookies you may not be able to use the Site or the App.

Third-Party Ad Networks

We use third parties such as network advertisers to serve advertisements on our Site, App and on third-party websites or other media (e.g., social networking platforms). This enables us and these third parties to target advertisements to you for products and services in which you might be interested. Third-party ad network providers, advertisers, sponsors and/or traffic measurement services may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. These third-party cookies and other technologies are governed by each third party’s specific privacy policy, not this one. We may provide these third-party advertisers with information, including Personal Information, about you.

Users in the United States may opt out of many third-party ad networks. For example, you may go to the Digital Advertising Alliance (“DAA”) Consumer Choice Page for information about opting out of interest-based advertising and their choices regarding having information used by DAA companies. You may also go to the Network Advertising Initiative (“NAI”) Consumer Opt-Out Page for information about opting out of interest-based advertising and their choices regarding having information used by NAI members.

Opting out from one or more companies listed on the DAA Consumer Choice Page or the NAI Consumer Opt-Out Page will opt you out from those companies’ delivery of interest-based content or ads to you, but it does not mean you will no longer receive any advertising through our Site or on other websites. You may continue to receive advertisements, for example, based on the particular website that you are viewing (i.e., contextually based ads). Also, if your browsers are configured to reject cookies when you opt out on the DAA or NAI websites, your opt out may not be effective. Additional information is available on the DAA’s website at www.aboutads.info or the NAI’s website at www.networkadvertising.org.

User Generated Content

We invite you to post content on our Site or App, including your exercises videos, programs and workouts, and any other information that you would like to be available on our Site or App. If you post content to our Site or App, all of the information that you post will be available to all visitors to our Site or App. If you post your own content on our Site, App or Services, your posting may become public and VH360 cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy.

Third-Party Links

Our Site, App and Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.

Security of My Personal Information

We take security very seriously and have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security.

You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.

Access To My Personal Information

You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or App for a period of time.

What Choices Do I Have Regarding Use of My Personal Information?

We may send periodic promotional or informational emails to you. You may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.

Data Retention and Account Changes

It is our policy to retain data for a period of 10 years after the closure of an account. Ten years after an account has been closed, we go through a process to permanently delete any personally identifiable information associated with the account, but we do retain all activity data.

Children Under 13

Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.

CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS

If you are a consumer with a VH360 account and you live in California, California law may provide you with rights in addition to those detailed elsewhere in this Privacy Policy. This section helps you understand what these rights are, and directs you to applicable provisions of this Privacy Policy.

CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS

Notices for California Residents

California Privacy Act Notice. Under California Civil Code Sections 1798.83-1798.83

California residents are entitled to ask us, once per year, for a notice identifying the categories of information which we share with our affiliates and/or third parties for marketing purposes, and providing contact information for these affiliates and/or third parties. Requests will apply to information provided during the previous calendar year (for example, if your request information in 2020, you will receive information regarding 2019). 

Also, VH360 does not knowingly share any Personal Data with third parties for marketing purposes.

California Consumer Privacy Act (CCPA) Notice. California Civil Code Sections 1798.100-1798.198 and their implementing regulations

This Privacy Policy must be made available in the languages we use in the ordinary course of disclosing contracts, disclaimers, and other information to consumers. This Privacy Policy must be accessible in print form.

California residents can request a disclosure in machine-readable format of the categories and specific pieces of personally identifiable information that we have collected about you and your household during the 12 months preceding our receipt of a verifiable consumer request (limit two times per 12-month period). You can also ask where this information came from, and what we use it for.

California residents have the right to opt out of any sale of their personal information, unless the business does not sell personal information, and states in its privacy policy that it does not and will not sell personal information.

Also, businesses subject to the CCPA that sell the personal information of California residents must disclose additional information about the personal information they’ve sold in the preceding 12 months.

Businesses subject to the CCPA must give notice to California residents when they offer financial incentives – or vary their service terms – in exchange for selling their personal information.

Businesses subject to the CCPA must honor requests that enable California residents to request that their personal information be deleted.

This Privacy Policy is available in https://www.vh360.co/privacy-policy. Please do not hesitate to contact VH360 Support by email at support@vh360.co if you experience difficulty with accessing the application or our Services. We would like to learn from your feedback to make our Services more accessible.

You should be able to print a copy of our Privacy Policy from most web browsers. You can also email or print the Privacy Policy from the application.

Within the application, you can securely download a machine readable copy of your personal data.

To request a machine-readable copy of all categories and specific pieces of Personal Data about you and your household during the preceding 12 month period – and the sources of this Personal Data – please contact VH360 Support through the application or by emailing support@vh360.co 

VH360 does not knowingly sell Personal Data to any third party. For this reason, provisions in the CCPA that give California residents to opt out of these sales, and receive an accounting of disclosures related to these sales, do not apply to VH360.
VH360 does not offer financial incentives or vary our service terms as a way to induce you or other users to permit us to sell your Personal Data.

USERS IN THE EUROPEAN ECONOMIC AREA: YOUR PRIVACY RIGHTS

The Services that link to this Privacy Policy are intended primarily for users located in the United States, and we only store Personal Data in our control in data centers located in the United States. For these reasons, we do not self-certify under the E.U.-U.S. Privacy Shield or the Swiss-U.S. Privacy Shield to comply with data protection requirements when transferring Personal Data from the European Economic Area (EEA) to the United States.

That said, if you create a VH360 account and reside in the EEA, the data protections specified by the EEA’s General Data Protection Regulation (GDPR) may be applicable to you. In consequence, the following chart discloses our legal basis for collecting and using your Personal Data and the rights guaranteed to you as an EEA resident with respect to your Personal Data. As applicable, the chart includes links to relevant sections of this Privacy Policy that give effect to GDPR requirements. Be advised: The GDPR represents a minimum set of data protection standards that the individual nations within the EEA are required to implement: The actual laws of the nation of the EEA where you reside may confer additional rights to you, which are not included in this comparison chart.

A. LEGAL BASIS FOR PROCESSING

Our legal basis for collecting and using your Personal Data depends on the personal information concerned and the specific context in which we collect it. We always seek your explicit consent before collecting and using your Health Data for the Services. In some cases, we also may have an independent legal basis for collecting and using some or all of your Health Data. For example, we can collect and process Health Data on behalf of Enterprise Sponsors as their HIPAA business associate, including Health Data from third party sources that you consent to share with VH360 and your Sponsor.

We collect and process Health Data and Other Personal Data for the purposes listed in How VH360 Uses Data. These purposes are subject to overriding individual rights guaranteed under the GDPR, listed below. If we are unable to deliver Services and simultaneously help you exercise these rights to the fullest extent, we will let you know the reasons why. At that point, you can decide either to close your VH360 account, or withdraw your request to exercise these rights.

In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. An example is if we need to verify your identity or authority to access Health Data to fulfill a data request.

If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).

If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our Services, to communicate with you about our Services and for other legitimate commercial interests, like those listed in How VH360 Uses Data. We may have other legitimate interests and if appropriate we will make clear to you at the relevant time what those legitimate interests are.

If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us by email to support@vh360.co  subject line: GDPR Privacy.

B. INDIVIDUAL RIGHTS OF EEA USERS

i. Access
You may request access to your Health Data through the application. For Other Personal Data, contact VH360 Support by emailing support@vh360.co.

ii. Correction
You can correct inaccurate/incomplete Personal Data that originates in our Services by editing information in your Account Profile. Health Data that originates from other sources must be corrected at the source.

iii. Object to, Limit, or Restrict Use of Data
You can ask us to stop using all or some of your Personal Data or to limit some or all of our uses of it by changing your data sharing permissions in the application. If you wish to limit or restrict use of your Personal Data further, we may not be able to deliver Services. If that is the case, your remaining option is to Close your VH360 account by contacting support@vh360.co .

iv. Deletion
In certain circumstances, you can request a right “to be forgotten” (this is a right to have your information deleted or our use of your data restricted). We will honor these requests unless we have to retain this information to comply with a legal obligation or unless we have an overriding interest to retain it.

v. Portability
In certain circumstances, you can exercise the right to data portability (this is a right to obtain a transferable version of your Personal Data to transfer to another provider).

Contact Us

If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us support@vh360.co .

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Changes to this Policy

This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site and App. If we make any changes to this Policy that materially affect our practices with regard to the personal information, we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site and App.

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