HAPDAY: PRIVACY POLICY
I. PRESENTATION
Hapday (“Hapday”, “Us”, “We”) respects your right to privacy and understands the importance of protecting your personal data (“Data“).
We adopted this privacy policy (the “Policy”) in order to explain how we collect, process, store, share and protect the Data that you provide to Us or that we collect when you use our website (“Website”), fill out our questionnaires (“Questionnaires”), subscribe and use our application (“Application”) and our well-being coaching services (our “Services”) or any other features operated by Hapday.
We reserve the right to modify the terms of this Policy at any time and in our sole discretion. If we modify the Policy, we will publish the modifications, depending on the medium, on the welcome page of the Website and/or on the home page of the Application so that you are fully informed. Any changes to the Policy will take effect thirty (30) days after its publication. Your continued use of our Services will constitute acceptance of the policy changes.
II. WHAT TYPE AND WHEN WE COLLECT YOUR DATA
On the Website
We collect the following kinds of Data when you visit the Website and, as the case may be, subscribe to the Application in order to access to our Services:
– your connection data such as your IP address when you access the Website;
– your identification information such as your first and last name when you subscribe to the Application in order to access to our Services or request for information on Hapday for work;
– your contact data such as your email address, when you subscribe to the Application in order to access to our Services and/or when you request for support from Hapday and/or when you request for information on Hapday for work program;
– your lifestyle habits such as your practice of meditation or your frequency of exercise when you fill out the setup questionnaire on the Website;
– your transaction data such as banking data and billing information when you subscribe to the Application in order to access our Services;
– your data related to your technical features such as your operating system, in order to help you using the Application and the Services;
– the content, communications, and other information that you provide to Us when you use the knowledge base and the support service base;
– your employment title when you request for information on the Hapday for work program.
On the Application
We collect the following kinds of data when you use the Application and our Services:
– your contact data such as your full name, picture, email address, and password when you create your account;
– your lifestyle habits such as at the time you wake up in the morning to set up your morning, routines;
– your preferences such, the place and time you want to take the challenge or the motivation tool you choose to help you succeed your challenge;
– your lifestyle habits such as your practice of meditation or your frequency of exercise when you fill out the setup questionnaire on the Website;
– your transaction data such as banking data and billing information when you subscribe to the Application in order to get access to the Services;
– the content, communications, and other information that you provide to Us when you use the Services including when you sign up for your account, create or share content, and message or communicate with Us and others when you use the chat and/or the support service;
– the content, communications, and information that other people provide when they use the Services. This can include information about you, such as when they share or comment on a photo of you, send a message to you, or upload, sync, or import your contact information.
III. FOR WHICH PURPOSES AND LEGAL BASIS WE PROCESS YOUR DATA
On the Website
We process your Data when you visit the Website in order to optimize your navigation and enhance your user experience on the basis of the legitimate interests pursued by Us.
We also process your Data when you fill out the setup questionnaire in order to set you an initial kick-off plan adapted to the lifestyle habits that you are free to subscribe on the basis of our legitimate interest to tailor you with a personalized program.
We lastly process your Data when you subscribe to our Application and Services through the Website in order to finalize your subscription and give you access to the Application and the Services on the basis of the performance of your contract with Us.
On the Application
We process your Data in order to perform our contract with you and provide you with the Services including the following purposes:
– Create and manage your account in order for you to access and use the Services;
– Implement your personalized routine through challenges of your choice in order for you to develop healthy lifestyle habits and including daily alerts reminders to inform you that the challenge shall be completed, rewards notifications when the challenge is completed, upcoming challenges updates, challenge personalization functionalities, relevant communications related to the Services;
– Enable you to use the chat of the Application and share your content to the person of your choice in order for you to receive support and/or comment and/or to share with a friend the completion of your challenge or any other information that you want to share on the Application and the Services;
– Manage the technical and customer support in order to assist you in solving your technical issues in relation for example to the management of your account or the use of the Services and/or your customer issues in relation to fee claims.
We process your Data in order to perform our contract with you and provide you with the Services including the following purposes:
– Participation in investigations and proceedings (including judicial proceedings) conducted by public authorities or government agencies, in particular, for the purpose of detecting, investigating, and prosecuting illegal acts;
– Prevention, detection, and mitigation of illegal activities (e.g. fraud, money laundering, and terrorist financing);
– Complying with information requests from third parties based on any statutory information rights they have against Us (e.g. in the event of an intellectual property infringement, product piracy, or other unlawful activity);
– Ensuring the information security of our Services;
– Retention and storage of your Data to comply with specific legal retention requirements.
We process your Data where necessary for the purposes of the legitimate interests pursued by Us including the following purposes:
– Ameliorate the Application and Services by monitoring its use, in order to improve the satisfaction of the Users;
– Personalize and enhance your user experience by contacting you to determine how we can improve our Services to better meet your needs;
– Send you promotional communications about our Services, in particular about our new upcoming challenges and our new well-being programs offers by electronic means;
– Provide product announcements or information regarding well-being topics or other information we believe you will find most relevant, and useful regarding the use of the Services;
– Generate aggregate statistics regarding the use of our Services.
We process your Data with your consent for the following purposes:
– Personalize, measure, and improve our advertisements;
– Personalize and enhance your user experience by contacting you to determine how we can improve our Services to better meet your needs;
– Place cookies on your browser in order to send you personalizing advertising;
– Send you promotional communications about our other Products and Services or the Products and Services of our partners by whom you may be interested in.
We may also de-identify and/or aggregate and/or anonymize your data for various business purposes including product, service, and program development and improvement. De-identified data, in individual or aggregated form, may also be used for research purposes both internally by Hapday or with research partners and other third parties for the advancement of clinical and scientific knowledge.
IV. COOKIES AND SIMILAR TECHNOLOGIES
When you use the Services, We may use cookies and other IT functions to collect your Data. Cookies are small text files that are automatically created by your browser and stored on your device when you connect to the Website or the Application and use the Services.
We use cookies which will not be saved on your device or which will only be saved on your device for as long as your browser is active (e.g. session cookies) or which will be saved on your device for a longer period (e.g. persistent cookies) for the following purposes: (i) the provision of the Services, (ii) your technical support and the enhancement of the Services, (iii) the improvement of your user experience and (iv) to show you personalized advertising under your consent.
You have the choice to refuse to keep all or certain of the cookies in your browser or to disable all or certain cookies, after accepting their deposit on your browser, by configuring your settings. With regard to the use of advertising-related or personalization-related technologies, you can determine whether you consent or not to the use of cookies for marketing purposes.
V. HOW WE STORE YOUR DATA
We (by the intermediary of our service providers) store your Data on storage facilities located for the European users on the territory of the European Union for a period of time not exceeding to what is necessary for the purposes for which your Data were collected and processed by Us and, in any event, in accordance with legal requirements.
Your Data will be stored in our active base for the time necessary to provide the Services and will be irreversibly deleted or anonymized by Us or archived in an intermediate database with limited access to it upon the termination of your subscription to the Application except for your contact data which will be kept in our active base for a period of time of 3 years in order to send you promotional communications on our Services upon your consent.
Your Data will be archived in an intermediate database with limited access when We are legally obliged to keep your Data longer such as for legal compliance, establishing the evidence of our rights or our contract with you, or for tax, accounting, or auditing purposes. In these cases, the duration of the storage processing will depend on the respective statutory limitation or retention periods and will be deleted after the relevant retention periods have expired.
We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until your account is deleted. In addition, you can delete some items of information (e.g., profile information) and you can remove individual activities from view on the Services without deleting your account. For example, after you withdraw your consent to Hapday processing your health-related information, Hapday will delete all health-related information you upload. Following your deletion of your account, it may take up to 90 days to fully delete your personal information and system logs from our systems. Additionally, we may retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.
We retain information as long as it is necessary to provide the Services to you and others, subject to any legal obligations to further retain such information. Information associated with your account will generally be kept until it is no longer necessary to provide the Services or until your account is deleted. In addition, you can delete some items of information (e.g., profile information) and you can remove individual activities from view on the Services without deleting your account. For example, after you withdraw your consent to Hapday processing your health-related information, Hapday will delete all health-related information you upload. Following your deletion of your account, it may take up to 90 days to fully delete your personal information and system logs from our systems. Additionally, we may retain information to comply with the law, prevent fraud, collect fees, resolve disputes, troubleshoot problems, assist with investigations, enforce the Terms of Service and take other actions permitted by law. The information we retain will be handled in accordance with this Privacy Policy.
VI. HEALTH KIT
You can choose to connect and share your information with HealthKit and your HealthKit information with Hapday. The information you provide to HealthKit is then governed by the Apple Terms and Conditions and Privacy Policy which can be reviewed at www.apple.com/legal/privacy. The unique information you choose to send from HealthKit is not used by Hapday for marketing and advertising or transferred by Hapday to third parties for marketing and advertising. HealthKit data only used to display graphics and statistics relevant to your daily steps and amount of hours you slept.
Before you can upload health information to Hapday, you must give your explicit consent to the processing of that health information by Hapday. You can withdraw your consent to Hapday processing your health information at any time.
Before you can upload health information to Hapday, you must give your explicit consent to the processing of that health information by Hapday. You can withdraw your consent to Hapday processing your health information at any time.
VII. TRANSFER OF YOUR DATA OUTSIDE THE EUROPEAN UNION
Some of our services providers as well as some of our employees are located outside the European Union or have offices in countries where data protection laws may provide a different level of protection than the laws in your country. When transferring the Data of European users to our services providers, we make sure an adequate transfer mechanism is in place. As per the transfer to our internal services, they are located in the United States for which We rely on EU-US Privacy Shield.
VIII. HOW WE KEEP YOUR DATA SECURED
We seek to safeguard the security of your Data and have implemented security measures consistent with accepted practices in the industry to protect your data and limit access to it.
In particular, we have implemented appropriate technical and organizational measures to minimize risks associated with data loss, misuse, unauthorized access, and unauthorized disclosure using encryption technology, such as Secure Sockets Layer (SSL) during data transport and at rest as well as physical access restrictions for our data centers and authorization controls for data access. However, despite our efforts to protect your Data, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your Data over the Internet will be intercepted. Unfortunately, we cannot guarantee the absolute security of your data, nor can we guarantee that the Data that you provide will not be intercepted while being transmitted to Us over the Internet. Therefore, we urge you to also take every precaution to protect your Data when you are on the Internet or using the Application.
IX. YOUR RIGHTS AS A DATA SUBJECT
You have the following rights on your Data and the data processing:
– right to access to your Data;
– right to rectify your inaccurate Data;
– right to erase your Data unless the processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise, or defense of legal claims;
– right to request the limitation of the processing of your Data to the extent that the accuracy of your Data is contested by you, the processing is unlawful, but you oppose the erasure of the personal data and request the limitation instead, We no longer need the data, but you need it to assert, exercise or defend legal claims or you have objected to the processing;
– right to receive a copy of your Data in a structured electronic format or ask for the transfer of it to another controller, when technically possible;
– right to object to your Data processing on grounds related to your particular situation including profile or for marketing purposes and to withdraw your consent at any time when the processing is based on consent.
– right to delete your personal data. You can request erasure of your personal data, as permitted by law. When you request deletion of your personal data, we will use reasonable efforts to honor your request. In some cases we may be legally required to keep some of the data for a certain time; in such event, we will fulfill your request after we have complied with our obligations.
You can exercise your rights by sending us a clear and specific request by email to [email protected]. Your request will be handled by our team within a reasonable delay from the date of its receipt and granted or refused subject to our legal obligations and within the limits of your rights.
You can also access, update and delete your Data at any time by logging to the Application and accessing your account settings.
X. HOW WE MANAGE THE PROTECTION OF THE CHILDREN
We are committed to protecting the privacy of the children. Our Website, Application, and Services are not designed or intended for children and we do not knowingly collect data of users under 18 years old.
In any case, We request all the users to confirm at the subscription to the Application and the Services that they are 18 years old or over and if not, We request the parent’s consent before authorizing the user to get access to the Application and the Services and never collect Data of children under 13 years old.
For users under 18 years old, We may limit how we collect, use, and store their Data meaning that We will be unable to authorize access to certain challenges to these users.
XI. WITH WHOM WE SHARE YOUR DATA
We share your Data with employees of our internal services such as the IT, development, or marketing services in order to provide you with the Services and assist you in your user experience.
We also share your Data with third parties including service providers acting on our behalf which may host your data and/or manage the payment of the subscription for Us and/or send you promotional communications about our Services and other products and/or detect, prevent or mitigate illegal activity and/or elaborate aggregate statistics.
In that case, we ensure that the service providers adhere to our Privacy Policy and comply with the same data protection obligations as the ones set out for Us. We also ensure that they provide sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements of this Policy and more broadly of the applicable data protection and e-privacy regulations.
We also share your Data when you ask Us to chat with another user or a person of your choice. Some of your data like your name and your picture are also visible by default to other users on the Application. We may share your data with some of our partners with your consent in order to send you offers on their products and services that We believe may have an interest for you or to your employer in case of using the Application and Services through Hapday for Work.
We may be lastly required to disclose your Data to other competent authorities to exercise our rights conferred by law or to comply with the law or a court decision. Unless required by law or jurisdiction, We are not obligated to notify you of such data disclosures.
XII. THIRD-PARTY WEBSITE LINKS
Our Website and Application may contain third-party links or contents. Through these links or contents, you may be providing your Data to third-party for which We are not responsible for how it collects or use your Data as well as we do not guarantee compliance with the same data protection practices as those of Hapday. We encourage you to read the privacy policies of every third-party website, application, and/or services that you visit or use including those third parties you interact with through our services.
In addition, we may rely on third-party advertisers, ad networks, and ad servers to promote our App. This includes Facebook, Twitter, or Google. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about our users. This may include information about users’ behavior on this and other Apps to serve them interested-based (behavioral) advertising. No information you share within our Application will be shared with third-party advertisers. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement, you should contact the responsible advertiser directly.