EqWell Privacy Policy

Last Updated: October 18, 2022

This Privacy Policy (“Privacy Policy”) describes the way EqWell, Inc., and its affiliates and subsidiaries (collectively, “EqWell”, “we”, “us” or “our(s)”), collects, uses, stores, discloses, and shares information about you when you interact with EqWell through this website, however accessed (“Website”), or any mobile applications that we may develop (collectively, the “Site”).

If a separate or different privacy policy applies to a specific app or website operated by EqWell rather than this Privacy Policy, we will indicate that by posting that separate specific privacy policy on that app or other website (each, a “Specific Privacy Policy”). With respect to that other app or website, that Specific Privacy Policy, rather than this Privacy Policy, will apply and describe our privacy practices on that other app or website. To the extent there is a conflict between the terms of this Privacy Policy and the Specific Privacy Policy, the terms of the Specific Privacy Policy shall apply to your use of that other app or website.

By interacting with EqWell through your use of our Site, or your use of our services or those of our affiliated and non-affiliated wellness providers after having created an account using our Site, you expressly and directly consent and agree to the practices set forth below.

For California Consumers

EqWell does not presently offer its services in California or, knowingly, to California Consumers. If you are a California Consumer, please contact us so that we may provide you with a specific privacy notice for California Consumers.

1. Information We Collect

The information we collect from you varies, depending on the way you use our Site. We collect information from or about you in the ways described below.

Personal Information

Information You Provide to EqWell

You may provide EqWell with information that can identify you as an individual (“Personal Information”) when using our Site. This Personal Information may include, without limitation:

• Contact information (such as your first and last name, email address, postal address, and phone number(s));
• Username and password;
• Age or date of birth;
• Gender;
• Social media or other third-party account information;
  • You may be able to link your social media or other third-party account information from certain third-party applications, such as Google, when using our Site.
  • When you link your account to these third-party applications, EqWell requests permission to access your information, including, without limitation, your name, profile picture, gender, networks, user ID, list of friends, and any other public information linked to your account on that application. For more information regarding the connection of your account(s) with third-party applications, please see Section 10 below (Links to Third-Party Websites and Services).
• Credit or debit card information;
• Emergency contact information;
• Information from your contact list, with your permission:
  • EqWell may request permission to access your contacts list or email addresses saved on your mobile device for the purposes of enabling you to easily share guest invitations, event invitations and more.
  • In the “Settings” function on your mobile device, you have the ability to manually permit or preclude EqWell from accessing your contacts and email addresses. You may opt-in or opt-out through the “Settings” function on your mobile device at any time.
• Health and wellness information (including, without limitation, health conditions, labs and lab results, metabolic conditions, and information shared with your personal trainer or nutritionist or other wellness provider referred by EqWell); fitness and exercise activity data (such as heart rate, watts or power, RPM or cadence, and similar metrics);
• Fitness assessments;
• Images (including photographs and video), audio recordings, and sounds;
• Account, registration or participation information (such as information related to your membership or your participation in classes, programs, events, and activities);
• Your responses to our marketing or operational communications (such as your interests, or responses to surveys, questionnaires, sweepstakes, or contests);
• Information you disclose in public forums or submit, transmit, message, upload, share, or otherwise make available, publicly or privately, including in online classes, discussion boards or forums, training sessions or events, messages, comments, searches, or queries, including, without limitation, through the use of our Site.

Employment Applications

We collect Personal Information such as your name, address, e-mail, and phone number when you apply for employment with us through the Site. In addition, we may collect information relating to your education and employment history when you submit that information as part of an employment application. Not all requested information is required, however; and we specifically indicate what information is required in order to submit your employment application.

Other Information We Collect Through Your Technologies

In addition, EqWell may collect some other information from you when using our Site that your technologies may automatically provide to EqWell. This other information may not necessarily identify you and may include certain information about your interactions with our Site or information about your device (collectively “Other Information”). This Other Information may include, without limitation:

• Internet protocol addresses;
• Device and browser type;
• Internet service providers;
• Operating systems;
• Statistics and other metadata on your activities when using our Site;
• Information about the pages you visited before or after navigating to our Site;
• Information about when you visited our Site;
• Information collected through cookies, web beacons, and other technologies as described under “How We Use Cookies and Other Tracking Technologies and Interest-Based Advertising” below.

How We Use Geolocation

When you are using our Site, EqWell will request permission to obtain your location to better provide you with location-specific information, including, but not limited to, facility hours, schedules and provider updates, or promotions. In that case, the Site will utilize location services on your mobile device to collect and use location data, including the real-time geographic location of your device. If you consent to the Site’s utilization of location services, we may use GPS, Bluetooth, your device’s unique identifier, and/or your IP address, along with Wi-Fi and cell tower locations, and other technologies to determine your device’s geolocation. We maintain location data records for as long as necessary to deliver the services you request. We will collect geolocation data only if you consent, and you may choose in your settings whether the location services will be always running or only when the Site is in use. You may also choose to disable location services through the “Settings” function of your mobile device, but if you do so, you will not receive any notifications or services that require a geolocation. You can also contact your mobile service carrier or your device manufacturer for more information on disabling location services.

2. Purposes for Collection and Use of Information

EqWell uses your Information to operate and improve its business and to provide you goods and services. Generally, we collect and process information to serve the operational purpose for which it was collected or for other purposes that are compatible with the context in which it was collected. The following are the business purposes for which we may use your information.

• Providing and delivering our goods and services to you, including:
  • creating and managing your membership or other services (such as the services of wellness professionals to whom we refer you);
  • completing and processing your transactions with us;
  • registering you for certain services, such as events, classes, programs or wellness appointments;
  • sending you service-related notifications and scheduling confirmations;
  • fulfilling subscriptions and orders;
• Improving the Site, goods, and services we offer (including through statistical and other analysis), including:
  • identifying and repairing errors that impair the functionality of our services;
  • improving our premises by providing personalized or customized experiences, locations, and instructions or assistance;
• Providing you with customer service;
• Informing you of goods or services you may be interested in;
• Informing you of events, special offers, or sweepstakes or contests relating to your membership or interactions with us;
• Consider you for employment;
• Improving our security, detecting fraud and auditing our processes;
• Complying with legal obligations;
• Communicating with you about our goods and services, including your membership, as well as responding to your customer service requests or any other inquiry or correspondence you send us; or,
• Fulfilling any other purpose for which you provide it or consent to its use.

3. How we may disclose and/or share your information

There are some circumstances where we may disclose or share your Information with a third party, as described below:

• We may share your information with service providers that perform services or functions on behalf of EqWell.
  • These service providers may include, without limitation, entities that help us with our marketing, analytic service providers, cloud-hosting services, account-related services (including updating of financial information and communications related to collections), database service providers, and backup and disaster recovery service providers.
• We may share your information between and among our affiliated entities and with service and wellness providers that perform services for you.
  • EqWell shares your information between and among its affiliated entities and with affiliated and unaffiliated service and wellness providers to facilitate any services you may obtain from EqWell or from the service or wellness providers, to allow them to offer you and let you know about products and services that may interest you, and for any other purpose set forth above.
• With third parties for legal or security reasons:
  • We may share information about you if we reasonably believe that disclosing the information is needed to
    • comply with any valid legal process, governmental request, or applicable law, rule, or regulation;
    • investigate, remedy, or enforce potential violations of our Terms of Use or other agreements or policies;
    • protect the rights, property, and safety of us, our users, or others; or,
    • Detect and resolve any fraud or security concerns.
• With third parties as part of an acquisition or liquidation:
  • If we are involved in a merger, asset sale, financing, corporate divestiture, reorganization, or acquisition of all or some portion of our business to another company or if we undergo liquidation or bankruptcy proceedings, we may share your information in connection with such transaction or proceeding before and/or after the transaction closes or the proceedings are completed.
• We may disclose or share your personal information in connection with an employment application to verify the information you provide or in accordance with any relevant notice we provide relating to your employment application.
• We may share information in other ways if you give us consent or direct us to do so.
• We do not share personal information with third parties for their marketing purposes.

4. How we protect your information

We have implemented reasonable security measures with respect to your information. Please be aware that, despite our efforts, no data security measures can guarantee security and confidentiality in all instances. There are also steps you can take to protect your information by, for example, keeping your account passwords secure. To the extent that you provide us with protected health information (within the meaning of the HIPAA Security Rule), we protect that information as required by HIPAA.

5. Your access to and choices regarding your personal information

You can access and update certain of your account information on our Site by clicking on “Account.” If you need to access or update other personal information that we may have, you can make a request by calling us at [*] to speak with an account services representative. To protect your privacy, before we give you access or let you update your information, we may we may ask you to verify your identity or provide additional information. We will try to update and allow you to access your information for free, but if it would require a disproportionate effort on our part, we may charge a fee. We will disclose the fee before we comply with your request. We may reject a request for a number of reasons, including, for example, that the request risks the privacy of other users, requires technical efforts that are disproportionate to the request, is repetitive, or is unlawful.

6. Retention of your personal information

We may retain Personal Information for as long as necessary to fulfill our business purposes and as is required or permitted under applicable laws.

7. How we use cookies and other tracking technologies and interest-based advertising

What are Cookies and Web Beacons?

Cookies are small data files placed onto your device when you visit a site which allows our services to distinguish you from other users, allow the services to work properly, as well as to help monitor advertising effectiveness. Web beacons work similarly to cookies; however, instead of a file stored on your computer, web beacons are embedded invisibly on web pages. We use cookies, web beacons, tags, and other similar tracking technologies to track when you visit our websites and mobile applications (collectively, “Cookies”). We also may allow third parties to place Cookies on our services to assist with advertising.

How We Use Cookies

There are several reasons we use Cookies. Some Cookies are necessary for technical reasons and help our services to operate as intended for your benefit (“Essential Cookies”), such as access to secure areas of the services. Other types of Cookies are used for analytical purposes such as evaluating the way our services are used, or the effectiveness of our advertising, and to customize or personalize advertising to you (“Analytical Cookies”). While these types of Cookies help us to create new features, improve on our existing services, and provide advertisements of interest to you, our services can function without them.

Controlling Cookies and Interest-Based Advertising

You have the right to accept or reject Cookies. You can exercise your Cookie preferences by activating the setting on your web browser that allows you to refuse the setting of all or some Cookies. However, if you use your browser settings to block all Cookies, including Essential Cookies, you may not be able to access or use all or parts of our services. If you have not adjusted your browser setting to refuse cookies, our system will issue Cookies as soon as you visit our services. Blocking or deleting Cookies will not prevent device identification and related data collection from occurring when you access our services. Turning off Analytical Cookies will prevent the ability to measure the relevance and effectiveness of our services, emails, and marketing as well as to show you tailored marketing. Other marketing will still be displayed when you use our services.

How We Use Google Analytics

We work with service providers (including Google Analytics) who conduct analytics to help us track and understand how visitors use our Site.  Google Analytics is a web analytics service provided by Google that uses cookies to help us analyze how users use our Site. The information generated by the cookies about your use of the services will be transmitted to and stored by Google on servers in the United States. If you access our Site through different devices, Google may associate your devices with one another. Google has developed the Google Analytics opt-out browser add-on which you may download. Please note that the add-on does not prevent information from being sent to EqWell.

Interest-Based Advertising

Some companies may use information collected on our Site to deliver advertisements on our behalf or on behalf of other companies, targeted to your interests and preferences, on our Site or on other websites or applications you may visit, or on your devices, or on your social media feed and to gauge effectiveness. 

8. No collection of personal information from children under 13

EqWell’s Site is not targeted to children under 13 years old, and it does not intend to collect Personal Information from children under the age of thirteen (13). If you are aware of a user under the age of thirteen (13) who has provided Personal Information to EqWell, please contact us. Parents and legal guardians may choose to provide information about their children, even if under the age of thirteen (13), for the purposes of using our products and services, including, without limitation, the Site.

9. Do not track mechanisms

Our Site does not support Do Not Track (“DNT”) at this time, and so, we currently do not honor DNT signals.

10. Links to third-party websites and services

By using our Site, you may be able to link to other websites, including social media platforms, or apps (e.g., Facebook, Instagram, twitter, etc.) (“Third-Party Sites”). We do not control any Third-Party Sites and are not responsible for the contents, nature, or privacy practices of any Third-Party Sites. Any access to and use of the Third-Party Sites is not governed by this Privacy Policy, but instead is governed by the privacy policies of those Third-Party Sites. If you choose to interact with the Third-Party Sites, you should review the applicable privacy policy, as the Third-Party Sites’ privacy practices may differ from ours. to the maximum extent permitted by law, we are not responsible for the privacy practices of any third-party sites.

11. Changes to this privacy policy

EqWell reserves the right to update or modify this Privacy Policy at any time. If we make changes, we will post the revised Privacy Policy to our website with a “Last Updated” date at the top of this Privacy Policy reflecting the date of the change. All changes are effective as of the time of posting. You should periodically check our website to review any updated Privacy Policy. Without limitation to the effectiveness of the changes, your use of our Site following the posting of the revised Privacy Policy constitutes acceptance of those changes.

12. Other privacy-related policies

As our business grows and we add customers in additional states, we will provide links to state-specific privacy notices. 

13. Contacting Us

If you have concerns, questions or comments about this Privacy Policy, please contact us at EqWell, Inc., [address].