Privacy Policy

VIMIENT LLC

Last modified: August 3, 2022 

INTRODUCTION 

Vimient LLC, a Delaware limited liability company (“Vimient”, the “Company”,we”, “us” or “our”), respects your privacy and the security of your information and is committed to protecting these through our compliance with this Privacy Policy (this “Policy”).  References in this Policy to a “User” refer to anyone who uses the Services (as defined below). 

This Policy describes the types of information we may collect from you or you may provide when you use one or more of our home health monitoring and reporting services, including: (i) the suite of technological products we offer from time to time, which may include (x) a sleep mat, which tracks your heart rate, time asleep, number of interruptions, and time in REM, light sleep and deep sleep, (y) a scale, which tracks and measures your weight, body mass index, fat percentage, water percentage, bone weight and muscle weight, and (z) a wearable device that acts as a wristwatch and a phone, which tracks, measures and analyzes data related to your activity, location, resting pulse, heart rate variability, respiration rate and sleep cycle (collectively, the “Devices”), (ii) our website (www.clearwellness.wpenginepowered.com) (the “Website”), (iii) our downloadable mobile application (the “Vimient Hub”), which, among other things, will house, and make available to you, the data generated by the Devices (the “Data”), and (iv) access to or communications with the Company’s wellness coaches (“Wellness Coaches”) who may, among other things, through the use of an internal Vimient web-based portal, (x) monitor and review the Data, and (y) communicate with you and your Personal Representative (as defined below), if applicable, with respect to the Data and certain additional information. We refer to these services collectively as the “Services”.  This Policy sets forth our practices for collecting, using, maintaining, protecting, and disclosing information related to the Services.  

This Policy applies to information we collect: 

  • During your use of the Services, including your Data, and information obtained from you during any telephone calls you may have with one of our Wellness Coaches; 
  • In email, text, and other electronic messages between you and the Company, including our Wellness Coaches; and 
  • Through your use of the Vimient Hub. 

This Policy does not apply to information collected by: 

  • Us offline or through any other means, including on any other website operated by the Company or any third party; or  
  • Any third party, other than a third party that we use to provide any component of the Devices.  

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you should not use the Services. Your access or use of the Services will constitute your agreement to this Policy. This Policy may change from time to time. If we make material changes to this Policy, notice will be provided to you upon accessing the Services.  Your continued use of the Services, after we make changes and provide you notice, is deemed to be acceptance of those changes.  

POLICY TERMS 

  1. Applicable Law.  The Services do not fall under the protections of the Health Insurance Portability and Accountability Act (“HIPAA”) or the California Confidentiality of Medical Information Act (“CMIA”), but, out of an abundance of caution, the terms of the Authorization (as defined below) are intended to be compliant with CMIA.
  2. Children Under the Age of 18. The Services are not intended for children under 18 years of age. No one under age 18 may provide any information to or as part of the Services. We do not knowingly collect Personal Information (as defined below) from children under 18. If you are under 18, do not use or provide any information related to the Services or through any feature of the Services, register for the Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received Personal Information from a child under 18 without verification of parental consent, we will delete that information.
  3. Terms of Use; Authorization; Limited Use of Data Agreement. A. Terms of Use.  Our Terms of Use, available at https://clearwellness.com/terms-of-use  (the “Terms of Use”), are part of, and incorporated by reference in their entirety into, this Policy.  In conjunction with this Policy, you should review the Terms of Use for a more complete understanding of the rules governing the Website, the Vimient Hub and the Services.

    B. Authorization for Use and Disclosure of Medical Information.  All Medical Information (as defined below) used and disclosed by you in connection with your use of the Services is covered by the Authorization for Use and Disclosure signed by you as a condition to your use of the Services (“Authorization”). Although the Services are not covered by HIPAA or CMIA, out of an abundance of caution, the signed Authorization is fully compliant with CMIA and provides added protections to the Medical Information shared by you or obtained from you as part of or in connection with your use of the Services.C. Limited Use of Information Agreement.  We have entered into a Limited Use of Information Agreement (“Limited Use Agreement”) with each vendor from whom we have purchased or licensed a Device and any related software. The Limited Use Agreement requires these vendors to limit the use of each User’s Data and protect such User’s Data in accordance with all applicable laws.
  4. Information We Collect About You and How We Collect It.A. Types of Information We May Collect. In connection with the Services, we may collect several types of information from and about you, including:

    (1) information which may be used to identify you, such as your  name, postal address, e-mail address, telephone number, online identifier internet protocol address, or social security number (“
    Personal Information”);
    (2) information about your internet connection, the equipment you use to access and use the Services, and details regarding your usage;
    (3) medical related information about you, including your health insurance information, your existing or prior medical conditions, your genetic characteristics, and whether you have or have had any forms of cancer, all of which is addressed by the Authorization (“Medical Information”);
    (4) certain commercial information about you, including records of your personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies;
    (5) your physical location from time to time; and
    (6) your internet activity or other electronic network activity information, including, but not limited to, your browsing history, search history, and information about your interaction with the Vimient Hub.B. How We Collect Information.  We collect this information from you (i) directly from you when you provide it to us; and (ii) automatically as you navigate through the Vimient Hub. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.C. Additional Information We May Collect.

    1. Information You Provide to Us. The information we collect on or through the Services may include:

    (a) Information that you provide by filling in forms in the Website or the Vimient Hub or when you speak with one of our Wellness Coaches. This includes information provided at the time of registering to use the Services, renewing your subscription to the Services, posting material, or requesting additional services.

    (b) Records and copies of your correspondence (including email addresses), if you contact us.

    (c) You also may provide information to be published, posted or displayed in the Vimient Hub, or transmitted to other users or third parties (collectively, “User Contributions”). Your User Contributions are posted in the Vimient Hub and viewable to others at your own risk. Although you may set certain privacy settings for such information by logging into your account profile, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users with whom you share your User Contributions.

    (2) Information We Collect Through Automatic Data Collection Technologies.  As you navigate through and interact with the Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

    (a) Details of your use of the Services, such as your visits to the Vimient Hub, including traffic data, location data, logs, and other communication data and the resources that you access and use related to the Services; and
    (b) Information about your computer and internet connection, including your IP address, operating system, and browser type.

    D. Purpose; Technology Used to Collect Information
    . 

    (1) Purpose. The information we collect automatically may include Personal and/or Medical Information. It helps us to improve the Services and to deliver a better and more personalized service, including by enabling us to:
    (a) Better understand usage patterns.
    (b) Store information about your preferences, allowing us to customize the Services according to your individual interests.
    (c) Recognize you when you return to use various components of the Services.

    (2) Technology Used to Collect Information. The technologies we use for this automatic data collection may include:
     (a) Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of the Vimient Hub or the Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to the Vimient Hub or the Website.
    (b) Flash Cookies. Certain features of the Vimient Hub and the Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and in the Vimient Hub and the Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. 
    (c) Web Beacons. Pages of the Vimient Hub, the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an email and for other related statistics (for example, recording the popularity of certain website content and verifying system and server integrity). 

  5. Third-Party Use of Cookies.  Some content or applications in the Vimient Hub or the Website, or as part of the Services, are served by third-parties, including content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use the Services. The information they collect may be associated with your Personal Information or they may collect information, including Personal Information, about your online activities over time and across different websites, applications, and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.  

We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.  

6. How We Use Your Information.  We use information that we collect about you or that you provide to us, including any Personal Information: 

A. To provide the Services to you; 

B. To improve the Services; 

C. To provide you with information, products, or services that you request from us; 

D. To carry out our obligations and enforce our rights arising from any contracts entered into between you and us; 

E. To notify you about changes to the Services or any products or services we offer or provide though the Services; 

F. In any other way we may describe when you provide the information; and 

G. For any other purpose with your consent and consistent with your Authorization. 

7. Disclosure of Your Information. We may disclose aggregated information about our Users, and information that does not identify any individual, without restriction.  

A. We may disclose Personal Information that we collect or you provide as described in this Policy: 

(1) To our subsidiaries and affiliates; 

(2) To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them; 

(3) To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal Information held by us about the Users is among the assets transferred; 

(4) To fulfill the purpose of the Services for which you provide it;  

(5) For any other purpose disclosed by us when you provide the information; or 

(6) With your consent. 

B. We may also disclose your Personal Information: 

(1) To comply with any court order, law, or legal process, including to respond to any government or regulatory request; 

(2) To enforce or apply the Terms of Use; 

(3) If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others; or 

(4) In a manner consistent with your signed Authorization. 

8. Choices About How We Use and Disclose Your Information.  We strive to provide you with choices regarding the Personal Information you provide to us.  

A. We have created mechanisms to provide you with the following control over your information:

(1) Authorization; Limited Use Agreement. Vimient can only use or disclose your Medical Information in accordance with the Authorization for the limited purpose of providing the Services. The Authorization’s limitations also apply to the other vendors involved in providing the Devices or related software. Vimient has shared the Authorization with these vendors to alert them as to the scope of the Services and the limited use and disclosure of your Medical Information. In addition, the Limited Use Agreement limits the right of these vendors to use any User data related to the Services. 

(2) Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some parts of the Website may then be inaccessible or not function properly. 

Other than as provided in the Authorization and the Limited Use Agreement, Vimient does not specifically control third parties’ collection or use of your information to serve interest-based advertising. You have agreed to share your Medical Information related to the Services with specific third parties through the Authorization, which limits the use of your Medical Information. Third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website. 

9. Accessing and Correcting Your Information.  Medical Information can be accessed and corrected in accordance with the Authorization. 

You can review, change or delete your Personal Information by calling us at our toll-free phone number (800-481-2399) or sending us an email with your request to info@clearwellness.wpenginepowered.com.    

In some circumstances, we may not be able to delete your Personal Information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. 

If you request to delete your User Contributions from the Vimient Hub or other component of the Services, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other users.   

10. California Privacy Notice.  This supplemental privacy notice applies to California residents (herein referred to as “you” “your”, the “Consumer” or “California residents”) in order to comply with the California Consumer Privacy Act of 2018 (the “CCPA”) and other California privacy laws. The CCPA establishes several rights for you, the Consumer. The Company does not sell your Personal Information. 

A. Right to Request Disclosure or Deletion of Personal Information. You have the right to submit a request for disclosure or deletion of the Personal Information that the Company has collected about you. You may make such a request for disclosure or deletion of Personal Information twice within any given 12-month period. You may request that the Company disclose the categories of information that it has collected about you, the specific pieces of information that it has collected about you, or both. The Company will provide responsive information for a period of 12 months preceding the date of your request. The Company will provide this information to you within a period of 45 days from the date of your request. If needed, the Company may require up to an additional 45 days to complete the request but will provide notice to you of the need for the additional time prior to the expiration of the initial 45-day period. 

In order to respond to your request for disclosure or deletion, the Company will need to obtain enough information from you to verify that yours is a valid and legitimate request. This provides further protection for your Personal Information. 

You also have the right to submit a request that the Company delete the Personal Information it has collected about you. There are several exceptions to the consumer’s right to deletion; namely, the Company may retain your information despite your request for deletion if the Company requires the information in order to do any of the following: (A) complete the transaction for which the Personal Information was collected; (B) provide a good or service requested by the consumer or reasonably anticipated within the context of a business’s ongoing business relationship with the consumer; (C) otherwise perform a contract between the business and the consumer; (D) detect security incidents and protect against “malicious, deceptive, fraudulent, or illegal activity;” (E) use for internal debugging purposes or to repair software errors; (F) exercise free speech, ensure the right of another consumer to exercise free speech, or any other right provided by law; (G) use the information to comply with the California Electronic Communications Privacy Act; (H) engage in research in the public interest that follows all other privacy laws (with consumer consent); (I) enable solely internal uses that are reasonably aligned with the expectations of the consumer based on the consumer’s relationship with the business; (J) comply with a legal obligation; or (K) otherwise use the information internally in a lawful manner that is compatible with the context in which the consumer provided the information. 

The Company offers consumers two distinct methods for submitting requests for disclosure or deletion: (a) consumers may submit their request by calling the Company’ toll-free number 800-481-2399, or (b) consumers may submit their request online at CareCenter@clearwellness.wpenginepowered.com.    

Submitting a verifiable consumer request does not require that you have an active Vimient account, nor are you required to create an account. As previously stipulated, the Company will need to obtain enough information from you to verify your request in protection of your information before responding to your request. 

B. Right to Not be Discriminated Against for Exercising the Rights to Disclosure or Deletion. The Company will not discriminate against you for exercising your rights to disclosure or deletion. Unless otherwise permitted by the CCPA or other California law, the Company will not deny you goods or services, charge you a different rate for goods or services, provide you a different quality of goods or services, or suggest that any aspect of your service will change if you exercise any of your rights enumerated here. 

11. Security of Personal and Medical Information.

A. General. We have implemented measures designed to secure your Personal and Medical Information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of the Vimient Hub or the Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.  

B. Hard Copy Data Containing Personal or Medical Information. To the extent Vimient maintains any hard copy of a User’s Personal or Medical Information, it shall be maintained and safeguarded in a secured and locked cabinet with limited access.  

C. Permitted Use. Vimient and its employees will use User Personal and Medical Information for the limited purpose of providing the Services and shall not use such information in a manner that would violate California law.   

D. Compliance. Vimient shall keep confidential and safeguard all information protected under federal or state laws, including but not limited to Personal and Medical Information.  

E. Safeguards.  Vimient shall use appropriate safeguards to prevent uses of Personal and Medical Information other than as provided for by this Policy. Vimient has implemented administrative, physical and technical safeguards that reasonably and appropriately protect the confidentiality, security, integrity and availability of the information. 

F. Unauthorized Use Notification; Breach; Breach Assessment.  Upon notification of a possible breach or unauthorized use of Personal or Medical Information, Vimient shall promptly investigate the possible breach. If Vimient determines a breach or unauthorized use of Personal or Medical Information occurred, Vimient will promptly perform and document a breach assessment and report any breach or unauthorized use as required by law. Vimient shall promptly notify the User and any other entity required by law of any unauthorized use or breach.  

G. Mitigation.  Vimient shall promptly mitigate, to the extent practicable, any harmful effect of an inadvertent use of Personal or Medical Information. In the event of inadvertent access of Personal or Medical Information, Vimient shall erase, delete, and/or return such information as quickly as possible and take all necessary actions to prevent further unauthorized access to the Personal and Medical Information.