Your use of our Services indicates your acknowledgment of this Policy.
Who We Are
SCOPE & THIRD PARTIES
This Policy applies to our “Services” which include our website at www.daisyhealth.com (including
any subdomains or mobile versions the “Corporate Site”), our Daisy Health platform and any
related mobile applications (collectively, “Platform”), and any other website or services where
This Policy applies only to the processing of Personal Data via our Service. This Policy does not apply to information processed by third parties, including when you visit a third-party website or interact with third-party services, unless those parties collect or process information on our behalf. This Policy does not apply to our Clients, nor to our Partners, and these parties may collect and process additional Personal Data from you or process it for their own purposes, even if you establish a relationship with that party through our Service.
Finally, Daisy Health is not a Covered Entity under Health Insurance Portability and Accountability Act (“HIPAA”), and this Policy does not apply to the processing of Protected Health Information (“PHI”), as defined by HIPAA. Processing of PHI is subject to the Notice of Privacy Practices of the Covered Entity.
Please review any relevant third parties’ privacy policies for information regarding their privacy practices. We are not responsible for the processing of Personal Data by third parties other than our service providers.
Collection and Use of Personal Data
Personal Data We Collect
Our Platform allows our clients (“Clients”) and their representative (our “Users”) to connect with healthcare and wellness partners (“Partners”) and use our Platform to track, manage, and improve employee health and wellness. In order to provide our Services, we may collect and process information that relates to identified or identifiable individuals (“Personal Data”). We collect and process the following categories of Personal Data (note, specific Personal Data elements are examples and may change):
Identity Data: Personal Data about you and your identity, such as your name, username, profile data, and other Personal Data you may provide on registration forms or as part of an account profile.
Contact Data:Identity Data used to contact an individual, e.g. email address, physical address, or phone number.
Device Data:Personal Data relating to your device, browser, or application e.g. IP addresses, MAC addresses, application ID/AdID/IDFA, identifiers from cookies, session history and similar browsing metadata, and other data generated through applications and browsers, including via cookies and similar technologies.
Usage Data:Data about your activity on and use of our Services, such as site and app performance data, browsing metadata; search history; device and software interactions; user navigation flows; clickstream data; software and device crash data, performance and other diagnostic data; and other device connectivity and usage data.
User Content:Personal Data included in content provided by Users of the Services in any free-form or unstructured format, such as in a “contact us” box, free text field, in a photo, file or document, or messages.
Inference Data: Personal Data relating to inferences drawn from Personal Data to create a profile, e.g. individual predispositions, behavior, and attitudes.
Health Data: Personal Data relating to Users’ mental or physical health conditions or diagnoses (this may be considered “Sensitive Information” or a “special category” of Personal Data under applicable law.)
How we Process Personal Data
We collect Personal Data from various sources based on the context in which the Personal Data will be processed:
You: We collect Personal Data from you directly, for example, when you register through our Service, input information into our Service, or contact us directly.
Your Devices: We may collect certain Personal Data automatically from your devices. For example, we collect Device Data automatically using cookies and similar technologies when you use access our Corporate Sites, access certain portions of our Service, or when you open our marketing communications.
Clients & Partners: We may process Personal Data from our Clients and, subject to any applicable consents and Partner policies, our Partners with which employees have a relationship. Clients and Partners may provide us data directly, or grant us access to systems or APIs providing, Personal Data.
Service Providers: We receive Personal Data from third parties with whom we have a relationship in connection with their performance of services or processing of transactions on our behalf.
Data we create: We (or third parties operating on our behalf) create and infer Personal Data based on our observations or analysis of other Personal Data we process, and we may correlate this data with other data we process about you.
How we Process Personal Data
Account Registration & Use
When Users create or access your account on our Service, we process certain Personal Data, which typically includes Identity Data, Device Data, and Contact Data. We use this Personal Data primarily to create, maintain, and provide you with important information about your account, and provide the features and services you request. We may use such Personal Data for marketing purposes where permitted by local laws (see below).
We process Personal Data such as Identity Data, Device Data, Health Data, and Inference Data in connection with our operation of the Platform on behalf of Clients. We generally process the Personal Data through the Platform as necessary to provide the Platform and services on the Client’s behalf and display information provided by Clients/Partners relating to Client’s employees health plan outcomes, and to analyze Health Data and create related Inference Data regarding health patterns and trends. For example, we may track and analyze certain health metrics at a point in time or over time, or in response to certain health plan, environmental, or other variables, and provide Clients and their Users with information about their Client populations.
Client Users may have access to certain Personal Data, or use the Platform to create additional Personal Data. Please see any applicable Client privacy policies for information regarding our Client’s own processing of Personal Data available through the Platform.
We may process Identity Data, Device Data and Contact Data in connection with email marketing communications (such as promotional emails), which you might receive if you register for an account, sign up on our Corporate Site to receive marketing communications, or engage in a transaction allowing us to send you marketing communications. We may also automatically collect Device Data when you open or interact with those marketing communications.
Subject to Users’ rights & choices, we use Identity Data and Contact Data as necessary to customize, deliver, and otherwise process marketing communications, and in order to tailor certain communications to individuals’ preferences and requests. Additionally, we may process Device Data from devices receiving those marketing communications as part of our business interests in understanding whether our emails are opened or other aspects of engagement with such marketing communications.
Feedback and Surveys
We generally process Identity Data, Contact Data, and User Content collected in connection with customer surveys or questionnaires. We generally process this Personal Data as necessary to respond to User requests, to create aggregate analytics regarding customer satisfaction, and to improve our services. We may also store and analyze feedback for our purposes, for example, to personalize our Service.
When you contact us through the Services using a contact us box or via email, we process Personal Data such as Identity Data, Device Data, and any Personal Data contained within any User Content. We use Identity Data, Contact Data, and User Content as necessary to communicate with you about the subject matter of your request and related matters. We may use such Personal Data for marketing purposes where permitted by local laws (see below) and relevant to the subject matter or your inquiry.
Cookies and Similar Tracking Technologies
We, and certain third parties, automatically collect and process Identity Data, Usage Data, and Device Data when you interact with cookies and similar technologies on our Services. We may receive this data from third parties to the extent allowed by the applicable partner. Please note that the privacy policies of third parties may also apply to these technologies and the Personal Data collected through them.
Subject to your rights & choices, we may use this information as follows:
- for “essential” or “functional” purposes, such as to enable certain features of the Services, or keeping you logged in during your session;
- for “analytics” and “personalization” purposes, consistent with our business interests in analyzing Users’ use of the Service. We use this data to understand how Clients, Partners and Users use the Service, how the Services performs, how Users engage with and navigate through the Service, what sites Users visit before visiting our Corporate Site, how often they visit our Site, and other similar information, as well as to greet Users by name and modify the appearance of the Services to usage history, tailor the Services based on geographic location, and understand characteristics of Users in certain locations; and
- on our Corporate Site, for “retargeting,” or targeted advertising purposes, so that we can deliver advertisements from us on other websites or social media. These technologies and the data they collect, may be used by advertisers or third parties to deliver ads that are more relevant to you based on content you have viewed, including content on our Corporate Site, and may do so based on inferred preferences and demographics. These technologies may collect information when you share information using a social media service, or engage with our content on or through a social media service. These tracking technologies may also help prevent you from seeing the same advertisements too many times and help us understand whether you have interacted with or viewed ads delivered to you. This collection may take place both on our Corporate Site and on third-party websites or services, or third parties participating in an ad network, e.g., when our advertisements are delivered by an ad network on a third-party website.
Note: Some of these technologies can be used to identify you across platforms, devices, sites, and services.
Business Purposes of Processing
In addition to the processing described above, we generally process any Personal Data we collect or create for several common business purposes. For example, we process your Personal Data as follows:
Service Provision and Contractual Obligations
We process any Personal Data as is necessary to provide the Services, authenticate users and their rights to access the Services, and as otherwise necessary to fulfill our contractual obligations to you, and provide you with the information, features, and Services you request.
Internal Processes and Service Improvement
We may use any Personal Data we process through our Services as necessary in connection with our legitimate business interests in improving the design of our Services, understanding how are Services are used or function, for customer service purposes, and for ensuring the security and stability of the Services.
We process Personal Data in connection with our legitimate business interest in personalizing the Platform. For example, the Services may be customized to you so that it displays your name, reflects service preferences or to display content to you based on your interactions with our Platform, Partner integrations, Client affiliations, and the like. This processing may involve the creation and use of Inference Data relating to your preferences.
We will collect and aggregate your Personal Data and information about your use of the Services in order to identify certain trends in how our Services are used (“Aggregated Data”). Aggregated Data will not contain information from which you may be personally identified. We may share Aggregated Data with third parties, including for research and public health purposes, or with Clients as part of client reporting, to give them a better understanding of our business and improve the marketability or performance of our Services.
Compliance, Health, Safety & Public Interest
We may, without your consent or further notice to you, and to the extent required or permitted by law, process any Personal Data for purposes determined to be in the public interest, as required by law, or as necessary in connection with the establishment or defense of our legal rights. For example, we may process information as necessary to fulfil our legal obligations, to protect the vital interests of any individuals, to establish claims for violations of applicable contracts, for authorized medical or public health purposes, or as otherwise in the public interest or required by a public authority. Please see the data sharing section for more information about how we disclose Personal Data in extraordinary circumstances.
We use Personal Data as necessary to provide marketing communications, and consistent with our legitimate business interests, we may send you marketing and promotional communications if you sign up for such communications or register for our Platform. We may also process Device Data and Contact Data when you interact with our communications in connection with our interest in understanding communication response and open rates.
Other Processing of Personal Data
If we process Personal Data in connection with our Services in a way not described in this Privacy Notice, this Privacy Notice will still apply generally (e.g. with respect to users’ rights and choices) unless otherwise stated when you provide it.
Information we collect may be shared with a variety of parties, depending upon the purpose for and context in which that information was provided. We generally transfer data to the categories of recipients or in connection with specific business purposes, each described below.
We process Personal Data on behalf of Clients and may share with Clients information relating to Users’ use of the Service.
In connection with our general business operations, product/service improvements, to enable certain features, and in connection with our other lawful business interests, we may share Personal Data with service providers or subprocessors who provide certain services or process data on our behalf. For example, we may use cloud-based hosting providers to host our Services or disclose information as part of our own internal operations, such as security operations, internal research, etc.)
Your Personal Data may be processed in the event that we go through a business transition, such as a merger, acquisition, liquidation, or sale of all or a portion of our assets. For example, Personal Data may be part of the assets transferred or may be disclosed (subject to confidentiality restrictions) during the due diligence process for a potential transaction.
In order to streamline certain business operations, share promotions and content we believe would be of interest to you, and develop products and services that better meet the interests and needs of our customers, we may share your Personal Data with any of our current or future affiliated entities, subsidiaries, and parent companies.
Your Rights & Choices
Applicable law may grant you rights in your Personal Data. These rights vary based on your location, state/country of residence, and may be limited by or subject to our own rights in your Personal Data. You may contact us with respect to rights requests at email@example.com.
All rights requests we receive must be verified to ensure that the individual making the request is
authorized to make that request, to avoid fraud, and to ensure the security of your Personal Data. We
may require that you log in to your account or verify that you have access to your account or the email
on file in order to verify your identity. If an agent is submitting the request on your behalf, we
reserve the right to validate the agent’s authority to act on your behalf.
For information regarding Privacy Rights under the CCPA (if you are a California resident), please see below.
Note: We are able to fulfill rights requests regarding Personal Data that we control or process. Please contact the Client, Partner, or other appropriate third party directly to exercise your rights in information controlled by those parties.
You may have the following choices regarding the Personal Data we process, to the extent required under applicable law:
Consent: If you consent to processing, you may withdraw your consent at any time. You may be required to close your account in order to withdraw consent where your consent is necessary to perform essential aspects of our Services.
Direct Marketing: You have the choice to opt-out of or withdraw your consent to marketing communications. You may have a legal right not to receive such messages in certain circumstances, in which case, you will only receive direct marketing communications if you consent. You may exercise your choice via the links in our communications or by contacting us re: direct marketing.
Other Processing: You may have the right under applicable law to object to our processing of your Personal Data for certain purposes, including without limitation, situations where we process in accordance with our business interests. You may do so by contacting us re: data rights requests. Note that we may not be required to cease processing based solely on your objection.
Across all of our Services, we implement and maintain reasonable security measures to safeguard the Personal Data you provide us. While we strive to keep our Services secure, we cannot warrant perfect security and so we do not provide any guarantees that your Personal Data or any other information you provide us will remain secure. Note, we sometimes share Personal Data with third parties as noted above, and though we may require them to meet certain security requirements, we do not have control over third parties’ security processes.
We retain information for so long as it, in our discretion, remains relevant to its purpose, and in any event, for so long as is required by law. We will review retention periods periodically, and may sometimes pseudonymize or anonymize data held for longer periods, if appropriate.
Our Services are neither directed at nor intended for use by individuals under the age of 18. Further, we do not knowingly collect Personal Data from such individuals. If we learn that we have inadvertently done so, we will promptly delete it.
We operate in and use service providers located in the United States. If you are located outside the U.S., your Personal Data may be transferred to the U.S. The U.S. may not provide the same legal protections guaranteed to Personal Data in foreign countries. Contact us for more information regarding transfers of data to the U.S.
Your California Privacy Rights
Under the California Consumer Privacy Act (“CCPA”) and other California laws, California residents may have the following rights, subject to your submission of an appropriately verified request (see below for verification requirements):
Right to Know
You have the right to request any of the following, for the 12-month period preceding your request: (1) the categories of Personal Data we have collected about you, or that we have sold, or disclosed for a commercial purpose; (2) the categories of sources from which your Personal Data was collected; (3) the business or commercial purpose for which we collected or sold your Personal Data; (4) the categories of third parties to whom we have sold your Personal Data, or disclosed it for a business purpose; and (5) the specific pieces of Personal Data we have collected about you.
Right to Delete
You may have the right to delete certain Personal Data that we hold about you, subject to exceptions under applicable law.
Right to Non-Discrimination
You may have the right not to receive discriminatory treatment as a result of your exercise of any rights conferred by the CCPA.
You may request a list of Personal Data we have disclosed about you to third parties for direct marketing purposes (if any) during the preceding calendar year.
Opt-Out of Sale
At this time, we do not sell Personal Data. If we engage in sales of Personal Data in the future (as defined by applicable law), you may direct us to stop selling or disclosing Personal Data to third parties for commercial purposes.
Submission of Rights Requests
You may submit rights requests to us at firstname.lastname@example.org. You may be required to provide additional verification information in order to complete your request, as described below.
Verification of Rights Requests
All rights requests must be verified to ensure that the individual making the request is authorized to make that request, to reduce fraud, and to ensure the security of your Personal Data. We may require that you provide the email address we have on file for you (and verify that you can access that email account) and we may request additional information such as an address, phone number, or other data we have on file, in order to verify your identity. Depending on the sensitivity of the Personal Data you request and what type of request you submit, we may request additional information from you. If an agent is submitting the request on your behalf, we reserve the right to validate the agent’s authority to act on your behalf.
Supplemental Data Processing Disclosures
Categories of Personal Data Disclosed for Business Purposes
For purposes of the CCPA, we may disclose to Service Providers for “business purposes” the following categories of Personal Data: Identity Data, Contact Data, Device Data, Usage Data, Audio/Visual Data, and User Content.
For purposes of the CCPA, we do not “sell” your Personal Data.
Changes to Our Policy
We may change this Policy from time to time. Please visit this page regularly so that you are aware of our latest updates. Your use of the Services following notice of any changes indicates acceptance of any changes.