Vital Circle

Privacy Policy

Last updated: July 12, 2020

Vital Circle LLC (“us”, “we”, or “our”) operates the Vital Circle mobile application (hereinafter referred to as the “Service”). Vital Circle is committed to privacy and will only use information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual (“Personal Information”) in accordance with the terms of this Privacy Policy (“Policy”).

This Policy describes how we collect, use, protect and disclose Personal Information we obtain the websites we own or control (today or in the future), including vitalcircle.info, vitalcircle.health, vitalcircle.app and vitalcircle-dev.azurewebsites.net (collectively, the “Sites”), your use of any mobile applications we own or control (today or in the future), including the Vital Circle Symptom Tracker (collectively, the “Applications” or “Apps”), and when you use any services we provide through the Sites or the Apps (collectively, together with the Sites and the Apps, the “Services”). You can access the Sites in many ways, including from a computer, tablet, mobile phone or internet enabled device, and this Policy will apply regardless of the means of access. This Policy also governs the use of Personal Information we obtain from you and any third-party site or application where we post content or invite your feedback or participation. VitalCircle cannot control the privacy policies or practices of sites or of companies that we do not own or control and cannot control the actions of people we do not employ or manage.

Please read this Policy carefully. This Policy is a legally binding contract between us and anyone who accesses or uses any of the Services. This Policy is incorporated into our Terms and Conditions for the Sites and Applications. In the event of a conflict between this Policy and our Terms and Conditions, the Terms and Conditions will control. If you have any questions about this Policy, please email us at hello@vitalcircle.health. If you do not want us to collect, use or share your Personal Information in the ways described in this Policy, please do not use the Services. By using the Services, you consent to the collection and use of your information (including Personal Information) by us as identified in this Policy.

Personal Information We Collect
The information we learn from and about our customers helps us to personalize and continually improve your experience with us. This section describes what Personal Information we collect and the different ways we collect it. Please note that Personal Information does not include information that is publicly available information from government records or de-identified or aggregated consumer information.

How long will my data be used for
Data will be stored for 30 days post event.

Information We Collect From You
In order to use some of our Services, we ask you to provide certain Personal Information and, in some cases, require you to register for an account. In particular, while using the Vital Circle Symptom Tracker we collect certain Personal Information including, but not limited to, your name, your email address, gender, photo, and date of birth, as well as health and symptom information. In addition, if contact-tracing is part of the client agreement, we will collect the device-to-device interactions through Bluetooth, but will not record GPS coordinates. Where applicable, we indicate whether you must provide us with your Personal Information in order to use the Services. If you do not provide the Personal Information, you may not be able to benefit from the Services if that information is necessary to provide you with the applicable Services or if we are legally required to collect it.

When you register for an account, we may access and collect the Personal Information you provide, such as your name, contact information (including your mailing and billing address), e-mail address, date of birth, phone number, username and password. We may also ask for additional Personal Information including your mobile phone number and your credit or debit card number or other financial account number. We will also collect and maintain information about all transactions associated with your account.

When you use some of our other Services, you may choose to provide certain information directly to us to request more information about our Services or for other reasons. We will collect, use, share and store this Personal Information consistent with this Policy.

Personal Information Collected from Third Parties
We may collect your Personal Information from third-party business partners such as social media sites, ad networks and analytics providers. We may also collect your Personal Information from others that refer you to our Services.

Personal Information Automatically Collected
When you use our Sites and Applications, our servers automatically record information that your browser or device sends whenever you visit a website or utilize an application. This information may include your IP address, the type of device you are using, the internet service provider or mobile carrier you are using, your device identifiers, your mobile telephone number, your geographic location and your activities within the Services, including the links you click, the pages or screens you view, your session time, the number of times you click a page/screen or use a feature of the Services, the date and time you click on a page or use a feature and the amount of time you spend on a page or using a feature.

Like many websites, our Sites also use “cookie” technology to collect additional website usage data and improve the Sites and our Services. A cookie is a small data file that we transfer to your computer’s hard disk. A session cookie enables certain features of the Sites and is deleted from your computer when you disconnect from or leave the Sites. A persistent cookie remains after you close your browser and may be used by your browser on subsequent visits to our Sites. We may use both session and persistent cookies to better understand how you interact with our Sites, to monitor aggregate usage by our uses and web traffic routing on out Sites, and to improve our Sites and Services. You may also be able to configure your computer or mobile device to limit the collection of these “cookies,” but that limitation may also limit our ability to provide all of the services or functionalities of the Sites. For more information about cookies, including how to set your internet browser to reject cookies, please go to www.allaboutcookies.org.

We may also automatically record certain information from your device by using various types of technology, including “clear gifs” or “web beacons.” This automatically collected information may include your IP address or other device address or ID, web browser and/or device type, the web pages or sites that you visit just before or after you visit our Sites, the pages or other content you view or otherwise interact with on our Sites and the dates and times that you visit, access or use our Sites. We may also use these technologies to collection information regarding your interaction with email messages, such as whether you opened, clicked on or forwarded a message, to the extent permitted under applicable law.

Our Sites and Applications use Google Analytics (and in the future may use other similar services), a web analytics service provided by Google, Inc. (“Google”), to better assist us in understanding how the Sites are used. Google Analytics will place cookies on your computer that will generate information that we select about your use of the Sites and the Applications, including your computer’s IP address. That information will be transmitted to and stored by Google. The information will be used for the purpose of evaluating customer use of the Sites and Applications, compiling reports on Site and Application activity for our use, and providing other services relating to Site and Application activity and usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. You may refuse the use of these cookies by selecting the appropriate settings on your browser or mobile device. Please note that by doing so, you may not be able to use the full functionality of the Sites and Applications. The use of cookies by Google Analytics is covered by Google’s privacy policy. From time to time, we may enter into agreements with other third-party providers for web analytic and other similar services. If we enter into such an agreement, we may share your information, including your Personal Information, with the provider or such provider may have access to and collect your information on our behalf. Your information, including Personal Information, may be stored with the provider.

Please note that we have not yet developed a response to browser “Do Not Track” signals, and do not change any of our data collection practices when we receive such signals. We will continue to evaluate potential responses to “Do Not Track” signals in light of industry developments or legal changes.

Information Collected by Third Parties
We may display third-party content on the Sites and Applications, including third-party advertising. Third-party content may use cookies, web beacons or other mechanisms for obtaining data in connection with your viewing of the third-party content on our Sites and Applications. Additionally, we may implement third-party buttons, such as Facebook “share” buttons, that may function as web beacons even when you do not interact with the button. Information collected through third-party web beacons and buttons is collected directly by these third parties, not by Vital Circle. Please consult such third party’s data collection, use and disclosure policies for more information.

Our Sites and Applications may contain links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. We do not exercise control over third-party websites. These other websites may place their own cookies or other files on your computer or mobile device, collect data or solicit Personal Information from you. Other sites follow different rules regarding the use or disclosure of the Personal Information you submit to them. We are not responsible for the content, privacy and security practices, and policies of third-party sites or services to which links or access are provided through our Sites. We encourage you to read the privacy policies or statements of the other websites you visit.

How We Use the Information We Collect
We may use your Personal Information for various purposes, including, but not limited to, the following:

Non-Marketing Purposes
We may use the Personal Information and other information we collect for non-marketing purposes including: (1) validating your identity; (2) sending you push notifications, text messages, or emails to provide you with alerts and updates about your account and the Services; (3) processing your transactions; (4) conducting statistical or demographic analysis; (5) complying with legal and regulatory requirements; (6) customizing your experience with the Services; (7) protecting and defending Vital Circle and its affiliates against legal actions or claims; (8) preventing fraud; (9) debt collection; (10) satisfying contractual obligations; (11) cooperating with law enforcement or other government agencies for purposes of investigations, national security, public safety or matters of public importance when we believe that disclosure of Personal Information is necessary or appropriate to protect the public interest; and (12) for other business purposes permitted under applicable law (collectively, “Non-Marketing Purposes”).

Marketing Purposes
We may use the Personal Information we collect for our own marketing purposes including notifying you of special promotions, offers and events via push notifications, email and other means, subject to compliance with applicable laws. We may also link Personal Information (including your name, mobile phone number, and email address) with other information, including non-personal information and Personal Information automatically collected as described in this Policy and use such information for our own marketing purposes. If you do not want us to use your Personal Information for marketing purposes, you may opt-out in accordance with the procedures described in the “Managing Your Personal Information” section below.

Other Purposes
Vital Circle also uses the collected data for the following public health objectives:

– Helping your employer or administrator understand when symptoms are developing at work, at your school, or in your community group

– Gaining a better understanding of the symptoms of COVID-19

– Tracking the spread of COVID-19 across geographies and within employers, schools, and households

We may also use information in the aggregate to understand how our users as a group use the Services provided on our Sites and Applications. Vital Circle will not collect additional categories of Personal Information or use the Personal Information we collect for materially different, unrelated or incompatible purposes without providing you notice.

Who We Share Personal Information With
For business purposes, we may share certain Personal Information we receive from and about you, and about your transactions with us, with our affiliates and certain third parties. Doing so allows us to provide the Services you request. We may also share your Personal Information with the following third parties:

Third-Party Service Providers
Your Personal Information may be shared with or collected by third-party service providers who provide us with services, including, but not limited to data hosting or processing and credit card processing. We require these third-party service providers to exercise reasonable care to protect your Personal Information and restrict their use of your Personal Information to the purposes for which it was provided to them.

Third-Party Marketing Partners
We may share certain limited Personal Information with other companies with whom we have joint marketing or similar agreements, or other businesses with whom we have a contractual relationship (“Joint Marketing Partners”) who may contact you with marketing and promotional offers. If you would like us to stop providing your information to these Joint Marketing Partners, you may opt-out in accordance with the procedures described in the “Managing Your Personal Information” section below.

Anonymous Information
We may provide anonymized information to third parties, including governmental agencies for purposes of contact tracing and/or any governmental agency that requires COVID-19 outbreak/cluster data to be reported. Any anonymized information we provide to third parties is not considered Personal Information and is not subject to the terms of this Policy.

Sale of our Business; Bankruptcy
In the event of a merger, acquisition, bankruptcy or other sale of all or a portion of our assets, we may transfer or allow third parties to use information owned or controlled by us, which may include your Personal Information. We reserve the right, in connection with these types of transactions, to transfer or assign your Personal Information and other information we have collected from our customers to third parties or to authorize third parties to use any such information retained by us. Other than to the extent ordered by a bankruptcy or other court, the use and disclosure of all transferred Personal Information will be subject to this Policy. However, any information you submit or that is collected after this type of transfer may be subject to a new privacy policy adopted by the successor entity.

Compliance with Laws and Law Enforcement
Vital Circle cooperates with government and law enforcement officials or private parties to enforce and comply with the law. To the extent permitted under applicable law, we may disclose any information about you, including, but not limited to, your Personal Information, to government or law enforcement officials or private parties as we believe is necessary or appropriate to investigate, respond to, and defend against legal claims, for legal process (including subpoenas), to protect the property and rights of Vital Circle or a third party, to protect Vital Circle against liability, for the safety of the public or any person, to prevent or stop any illegal, unethical, fraudulent, abusive, or legally actionable activity, to protect the security or integrity of the Services and any equipment used to make the Services available, or to comply with applicable law.

Collection/Processing of Payment Card Information
If you use our Services to arrange a shipment or otherwise engage in any transaction involving payment, you may be asked to provide payment information, including, but not limited to, payment card information. We will not ask you, and you are not permitted, to provide any payment card information via email, text or other electronic means (excluding through the dedicated forms on the Sites and Apps). Any payment card information you properly provide to us is used exclusively to process payments for Services and related products you receive from us. Under no circumstances do we collect or keep payment card information on our servers.

Managing Your Personal Information
You may decline to share certain information with us, in which case, we may not be able to provide you some of the Services we offer. To protect your privacy and security, we take reasonable steps to verify your identity before granting you account access or making corrections to your information. You are responsible for maintaining the secrecy of your unique password and account information at all times.

Text Message Opt-Out
If you have provided us with your prior express consent to receive autodialed text messages, we may use your information to send text messages to any mobile device connected to the cell phone number you provided until you opt out from future text messages. You can opt out from receiving text messages as described in the Terms of Use, including by replying STOP to any text message from us. You agree to and will then receive a single final text message confirming your opt-out of the text-messaging program.

Email Opt-Out
From time to time (and with your consent when required), you may receive periodic mailings or emails from us with news or other information on events, products, services, discounts, special promotions, upcoming events or other offers from us or on our behalf. If at any time you wish to stop receiving emails or mailings from us, please send us an email to hello@vitalcircle.health with the phrase “Privacy Opt-Out: Vital Circle Mailings” in the subject line, or write to us at the address provided below, and we will remove you from our mailing list.

Alternatively, for email communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth in most promotional email messages from us. Your unsubscribe request or email preferences change will be processed promptly, though this process may take several days. During that processing period, you may receive additional promotional emails from us.

Please note that opting out of emails and other communications will only apply to marketing and other promotional emails and will not apply to any email and other communications sent for Non-Marketing Purposes, including, but not limited to, emails and other communications about your account or your use of the Services.

Marketing/Joint Marketing Opt-Out
If you wish to opt out of receiving solicitations from us, or do not want us to share your Personal Information with Vital Circle’s affiliates or partners for marketing purposes, you may email us at hello@vitalcircle.health, call [PHONE NUMBER] or write to: PO Box 10183, Chicago, IL 60610.

Security
Vital Circle is committed to protecting the security of the Personal Information you provide to us and that we collect about you. We maintain commercially reasonable safeguards to maintain the security and privacy of Personal Information we collect. Nevertheless, when disclosing Personal Information, you should remain mindful that there is an inherent risk in the use of email and the internet. Your information may be intercepted without your consent, collected illegally and used by others. We cannot guarantee the security of any information you disclose online, and you do so at your own risk.

Underage Persons
The Services are for use by persons who are at least 18 years of age. If you are younger than 18, you may not access, attempt to access, or use the Services. We do not knowingly collect or allow the collection of Personal Information via the Services from persons underage, pursuant to applicable law and regulations, without parental consent. We do not knowingly collect or allow the collection of Personal Information via the Services from persons under the age of 13 without written parental consent. If we learn that we have collected the Personal Information of someone under the age of 13 without parental consent, we will take appropriate steps to delete this information. If you are a parent or guardian of someone under the age of 13 and discover that your child has submitted Personal Information, you may contact us at hello@vitalcircle.health and ask us to remove your child’s Personal Information from our systems.

Notice to Individuals Outside the United States
Our Services are only intended for individuals located in the United States. If you are not located in the United States, please do not provide us with any Personal Information or attempt to use our Services.

Changes to this Policy
We may revise this Policy from time to time in our sole discretion. We will notify you of any material revisions by placing notice of the revised Policy on our website or any place through which you access the Services. Your continued access or use of the Services following any amendments to the Policy constitutes your acceptance of the Policy as amended. It is your sole responsibility to monitor our website for changes to the Policy.

Contact Us
If you would like to update or correct your information, modify your communication preferences, or if you have questions regarding our Privacy Policy or the use of information collected, please contact us using the following information:

PO Box 10183, Chicago, IL 60610

hello@vitalcircle.health