Last Updated: August 7, 2018
Element3 Health, Inc. (the “Company” “us” or “we”) respects your privacy and is committed to protecting it through our compliance with this Policy.
This Policy describes the types of information we may collect from you or that you may provide when you visit www.groupworks.com, app.groupworks.com,mobile.groupworks.com, www.element3health.com (collectively, the “Website”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This Policy applies to information we collect:
- On this Website.
- In email, text, and other electronic messages between you and this Website.
- Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
- When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.
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.
- Any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.
Information We Collect About You and How We Collect It
We collect several types of information from and about users of our Website, including information:
- By which you may be personally identified, such as name, postal address, e-mail address, telephone number, any other identifier that by itself can be used to contact you or identify who you are (“personal information”).
- That is about you but individually does not identify you, such as your age, gender, interests and passions, as well as your activity level with your Groups (as defined in the Community Guidelines) through posts, events, and other activities on our Website.
- About your internet connection, the equipment you use to access our Website and usage details.
We collect this information:
- Directly from you when you provide it to us.
- Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies.
We do not sell, rent or share your names, email addresses, physical addresses, phone numbers or other personal information to or with advertisers or marketers or sellers of advertising or marketing services, unless you give us permission or as otherwise provided in Disclosure of Your Information below. Please do not provide us with sensitive personal information such as your race or ethnicity, your political opinions, religious beliefs, membership in a trade union, physical or mental health condition, sexual orientation, or criminal offenses. Please note that we do not ask for any sensitive personal information. If you send us sensitive personal information, we will delete it unless you provide your specific consent to having us include it your account, as it will be processed with the rest of your personal information.
Information You Provide to Us
The information we collect on or through our Website may include:
- Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website. We may also ask you for information when you report a problem with our Website.
- Information you provide in filling out your profile.
- Records and copies of your correspondence (including email addresses), if you contact us.
- Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
- Your search queries on the Website.
- Your interactions with your Group, including posts, event RSVPs and usage of other Group-related features.
- Information collected by Group Leaders with respect to Group Members with the consent of such Group Members (in accordance with, and as defined in, our Community Guidelines).
Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically is statistical data and may include personal information. We may maintain such data or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
- Estimate our audience size and usage patterns.
- Store information about your preferences, allowing us to customize our Website according to your individual interests.
- Speed up your searches.
- Recognize you when you return to our Website.
- Do a better job of troubleshooting issues with our Website or help you with customer support inquiries.
The technologies we use for this automatic data collection may include:
- Web Beacons.Pages of our 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 the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
We do not control these third parties’ tracking technologies or how they may be used. However, you can opt out of receiving targeted advertising from many providers. See Choices About How We Use and Disclosure of Your Information below.
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
- To present our Website and its contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it (for example, if you have indicated you will attend an event or workshop hosted by a Group or sponsor, or that you wish to be contacted by an individual, association, Group or sponsor).
- To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To allow you to participate in interactive features on our Website.
- In any other way we may describe when you provide the information.
- Where it is necessary for our legitimate interests (or those of a third party) and your interests and fundamental rights do not override those interests.
- Where we need to comply with a legal or regulatory obligation.
- To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.
- For any other purpose with your consent.
We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your account profile. For more information, see Choices About How We Use and Disclose Your Information.
We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Disclosure of Your Information
We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- 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.
- 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 Element3 Health’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Element3 Health about our Website users is among the assets transferred.
- To fulfill the purpose for which you provide it (for example, if you have indicated you will attend an event or workshop hosted by a Group or sponsor, or that you wish to be contacted by an individual, association, Group or sponsor).
- For any other purpose disclosed by us when you provide the information.
- Otherwise with your consent.
We may also disclose your personal information:
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Element3 Health, our customers, or others.
Choices About How We Use and Disclose Your Information
We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:
- Promotional Offers from the Company.If you do not wish to have your email address/contact information used by the Company to promote Groups, our own or third parties’ products or services, you can opt out at any other time by logging into the Website and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request firstname.lastname@example.org. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions.
- We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these 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.
Your Rights – Individuals in the European Union
If you are an individual in the European Union, you have the right to access, correct, restrict, or erase your personal information at any time. You can also exercise any of these rights at any time by contacting us at email@example.com. Your rights include the following:
- Accessing your data. Upon request, we shall provide any information relating to your data and our processing of your data in a concise, transparent, intelligible, and easily accessible form using clear and plain language. The information shall be provided in writing or by other means, including, where appropriate, by electronic means within 30 days of a written request.
- Correcting your data. You have the right to ask us to rectify any inaccurate or incomplete personal information. If we have given your personal information to any third parties, we will notify those third parties that the Company has received a request to rectify your personal information, unless doing so proves impossible or involves disproportionate effort. Those third parties should also rectify the personal information they hold – however, we are not in a position to audit those third parties to ensure that the rectification has occurred.
- Erasing your data. You can ask the Company to erase your personal information stored on our platform. If we receive a request to erase your data, we will ask you if you want your personal information to be removed entirely or if you want to be kept on a list of individuals who do not want to be contacted in the future (for a specified period or otherwise). We cannot keep a record of individuals whose data we have erased so you may be contacted again by us, should we come into possession of your personal information at a later date. If we have given your personal information to any third parties, we will tell those third parties that the Company has received a request to erase your personal information, unless this proves impossible or involves a disproportionate effort. Those third parties should also rectify the personal information they hold – however, the Company will not be in a position to audit those third parties to ensure that the rectification has occurred.
Restricting the use of your data. We only process your personal information where we have the legal basis for doing so. You have the right to ask us to suspend or otherwise restrict the processing of your personal information where:
- You challenge the accuracy of the personal information;
- The processing is unlawful but you do not want us to erase it;
- We no longer need the personal information for the purposes of the processing, but you want us to hold it as you need it to establish, exercise, or defend legal claims; or
- You have objected to our use of your data, but we need to verify whether we have legitimate grounds to use it.
If we have given the personal information to any third parties, we will tell those third parties that we have received a request to restrict the use of your personal information, unless this proves impossible or involves a disproportionate effort. Those third parties should also rectify the personal information they hold – however, we will not be in a position to audit those third parties to ensure that the rectification has occurred.
Withdrawing your consent. Where we are relying on consent to process your personal information (for example consent to receive marketing) you have the right to withdraw your consent at any time. However, this will not affect the lawfulness of any processing carried out before you withdraw your consent. If you withdraw your consent, we may not be able to provide certain products or services to you. We will advise you if this is the case at the time you withdraw your consent.
Your Rights – Individuals Outside the European Union
Accessing Account Information. We will provide you with the means to ensure that personally identifiable information in your web account file is correct and current. You may review this information by contacting us by sending an email to firstname.lastname@example.org.
A Record of Data Transfer. The Company will provide the right to request and receive, once a year and free of charge, information about third parties to whom we have disclosed certain types of personal information (if any) about you for our direct marketing purposes in the prior calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to email@example.com and please include the phrase “Personal Information Privacy Request” in the subject line along with your name, address and email address. At our option, we may respond to such requests by providing instructions about how our users can exercise their options to prevent our disclosure of personal information to third parties for their direct marketing purposes.
We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. We only process personal information where we have a legal basis for doing so. We review the personal information we hold on a regular basis to ensure it is being lawfully processed and that it is accurate, relevant, and up to date.
Before transferring personal information to any third party (e.g. suppliers, partners, customers, software solution providers, and back office support), we establish that there is a legal reason for making the transfer, which may include your consent.
We will only retain your personal information for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements. To determine the appropriate retention period for personal information, we consider the amount, nature, and sensitivity of the personal information, the potential risk of harm from unauthorized use or disclosure of your personal information, the purposes for which we process your personal information and whether we can achieve those purposes through other means, and the applicable legal requirements.
However, 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 our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.