CALIFORNIA CONSUMER PRIVACY ACT NOTICE
Last Updated: July 2021
When we use the term “personal information” in this notice, we are referring to information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household such as your real name, alias, postal address, unique personal identifier, online identifier Internet Protocol address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers. Personal information does not include publicly-available information and certain other information that is regulated by certain other applicable laws that are exempted from the requirements of the CCPA, such as personal health information subject to The Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).
We do not sell or monetize personal information in the traditional sense (i.e., get paid to share your personal information). However, the CCPA defines the term “sale” very broadly, and it likely includes our sharing of data related to cookies and similar technologies with third parties for behavioral advertising.
Your Rights and Choices under the CCPA
Right to Know
You have the right to request that we provide certain information to you about our collection of your personal information. Such information shall cover the 12-month period preceding our receipt of your request. Upon our receipt of your verified request, we will provide you with the following:
- The categories of personal information we have collected about you
- The categories of sources from which we have collected your personal information
- Our business or commercial purpose(s) for collecting or selling your personal information
- The categories of third parties with whom we have shared your personal information; and
- The specific pieces of personal information we have collected about you
You have the right to request that we provide certain information to you about our disclosures and sales of your personal information. Such information shall cover the 12-month period preceding our receipt of your request. Upon our receipt of your verified request, we will provide you with the following:
- The categories of personal information we have collected from you
- The categories of personal information we have sold about you and the categories of third parties to whom we sold such information, by category or categories of personal information for each category of third parties to whom the personal information was sold; and
- The categories of personal information that we disclosed about you for a business purpose
You may only make a verifiable “Right to Know” request twice within a 12-month period.
Right to Opt-Out
We never monetize your personal information, however, we may share it with certain strategic partners, social media partners, advertising partners and networks, and other third parties that provide offers we think may be of value to you as discussed below, which could be considered a “sale” under the CCPA. You have the right at any time to opt-out of this sharing and the potential sale of your personal information by clicking HERE
Right to Delete
You have the right at any time to request that we delete your personal information. However, in some cases we cannot delete all or some of your personal information as required or permitted by applicable laws.
Right to Non-Discrimination
We will not discriminate against you for exercising your rights under the CCPA, such as by denying you products and services, charging you different rates or prices, including use of discounts or penalties, or suggesting or providing a different level of service or quality of products to you. However, we may charge a different price or provide a different level or quality of products and services if the price or difference is directly related to the value provided to you by your personal information.
We may from time to time offer you financial incentives, including payments to you as compensation, for collecting, selling, or deleting your personal information. We also may offer a different price, rate, level, or quality of goods or services if that price or difference is directly related to the value provided to you by your personal information.
In connection with the Healthies rewards program, we may offer the following financial incentives and/or price or service differences in exchange for our use of your personal information:
- Rewards Points: We offer rewards points and other exclusive incentives for participating in the Healthies program and taking certain actions in the Services that generate and earn points, such as taking bodily measurements, sending chat messages, reading an article, and communicating with a Dario coach. To offer these rewards, we must track your personal information, such as your use of the Services and the information you provide when doing so and performing the actions described above. We must also collect your contact information to send you rewards that you are eligible for. The value we place on the personal information in connection with these rewards is calculated by determining the approximate additional use of the Services and additional purchases per user, per year compared to individuals who are not enrolled in Healthies.
If you are enrolled in our Healthies program, you are automatically eligible for these benefits.
To withdraw from the Healthies program, please contact us by email at email@example.com, or by phone at 1-833-914-3796. You may also unsubscribe from Healthies program-related promotional offers at any time by following the unsubscribe link or instructions contained in such emails.
Information We Collect
|Category of Information||Examples|
|A. Identifiers||Name, postal address, Internet Protocol address, email address, date of birth, device identifiers, account name, or other similar identifiers|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||Name, physical characteristics or description including height and weight, gender, address, date of birth, age, telephone number, credit card number, debit card number, health insurance information, or medical information. Some personal information included in this category may overlap with other categories.|
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), medical condition, physical or mental disability, sex (including gender, gender identity, pregnancy and related medical conditions and medical services being sought)|
|D. Commercial information||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies|
|E. Biometric information (where such information is outside the scope of other applicable laws)||Physical characteristics such as height and weight, blood tests, blood pressure tests, nutrient consumption, exercise activity and motion (e.g. steps, cardio activity, kcal, type and intensity), posture information, as well as physical, mental, and emotional health status, including pain levels, other conditions and lifestyle habits|
|F. Internet or other similar network activity||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.|
|G. Geolocation data||Physical location or movements and device location|
|H. Audio, electronic, visual, thermal, olfactory, or similar information||Photos, blog posts, and testimonials|
|I. Professional or employment-related information||Information about current and past employment|
|J. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.|
Our Sources for Personal Information
- Directly from you when you provide it to us, when you use our Services, and when you interact with us, including through social media
- Third party service providers that provide data and information to us
- Wearable devices that you link to your account in the Services
- Devices that you use in connection with the Services
- Third parties’ Software Development Kits (“SDKs”)
- Your employer or employee assistance plan, or health plan (if you are using our Services in connection with your employer or health plan)
- Your coach or mental health service provider (if you use Wayforward Services)
Our Business Purposes for Collecting Personal Information
- To set up your account and to provide our Services;
- To optimize the Site, our Services and your experience using them;
- Analyze your use of the Services, including analyzing information generated through devices that you use in connection with our Services, and to provide recommendations to you based on our analyses;
- If you use our Wayforward Services, your coach or mental health service provider may use your information to provide their services;
- To allow you to obtain relevant information about your health and provide you tools to manage it;
- To personalize our recommendations for better management of your health and wellness (including through our community learning tools, Apple’s HealthKit, etc.);
- To send you reminders based on your location and activity (including through SDKs);
- To allow you to make purchases through the Services and carry out transactions you request;
- To identify and authenticate your access to certain features of the Services;
- To communicate with you in order to keep you informed of our latest updates and features;
- To assess your candidacy for a position that you applied to and to facilitate your employment application;
- To provide rewards programs to you when you enroll in them;
- To perform research or to conduct analytics in order to improve and customize our Services to our users’ needs and interests;
- To market our products and services to you (to the extent permitted under HIPAA where applicable);
- To detect and prevent illegal activity or any other type of activity that may jeopardize or negatively affect the integrity of the Services;
- To support and troubleshoot our Services, to respond to your queries and communicate with you;
- To comply with our obligations under HIPAA; and
- To investigate violations and enforce our policies, and as required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process or respond to a government request.
Sharing Personal Information
- Our service providers and subcontractors
- Our affiliates and subsidiaries
- Third parties to whom you authorize us to disclose your personal information, such as your health care provider, insurance company, coach or mental health service provider, and when you grant the App access to HealthKit
Sales of Personal Information
As stated above, although we never sell your personal information in the traditional sense (i.e., an exchange for money), in the preceding twelve (12) months, our sharing of personal information with social media partners, advertising partners, and ad networks that may use your browsing history across participating websites to show you internet-based advertisements on those websites could be considered a “sale” under the CCPA.
To submit a request to exercise your “Right to Know” or “Right to Delete” rights provided in this California privacy notice, please click HERE or call us at 1-833-914-3796 to submit your request. We will evaluate the request and take action where required to do so. If you have a DarioHealth account, we may direct you to your account in order to fulfill your request where applicable.
You may also submit a written request containing your name, current address, current phone number, email address and the specific request, to
18 W. 18th Street
New York, NY 10011
or email us at: firstname.lastname@example.org
Depending on the nature of your request, we may have to verify your identity when you contact us. We may do this by asking you to:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized agent.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm that the personal information relates to you.
We endeavor to respond to your request as soon as we can. If we are not able to respond to your request within 45 days, we will let you know that we may require additional time (up to 90 total days).
You may also use an authorized agent to exercise your rights on your behalf. If you wish to use an authorized agent, we require that your authorized agent provide written proof to us that he or she is authorized to act on your behalf, and we may also require your authorized agent to verify his or her own identity. To appoint an authorized agent, please contact us HERE (for Right to Know or Right to Delete requests) or HERE (for Right to Opt-Out requests) or contact us by phone at 1-833-914-3796.