Cronometer

PRIVACY POLICY

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PRIVACY POLICY Last Revised: February 4th, 2018 INTRODUCTION AND DEFINITIONS This privacy policy (the “Privacy Policy”) constitutes an agreement between you, or if you are under the age of majority in your local jurisdiction, your parent or legal guardian (“user”, “you” or “your”) and Cronometer Software Inc. and its affiliates and subsidiaries (collectively, “Cronometer”, “us”, “our” or “we”). Cronometer is dedicated to protecting the privacy rights of our users. This Privacy Policy describes how Cronometer collects, protects, uses and discloses information and data created in the course of your access to and use of the Site and/or Services (each as defined below). Please note that Cronometer is not responsible for the actions of any third parties, the content of their websites, the use of information you provide to them or any products or services they may offer. Any link to third party websites are offered solely as a convenience to you and does not constitute our sponsorship or endorsement of, or affiliation with those third parties. If you have any questions or concerns after reading this, please email us at: privacy@cronometer.com For the purposes of this Privacy Policy: ‍“BAA” means Business Associate Agreement (or Contract), and is the contract between a HIPAA covered entity and a Business Associate. “Business Associate” means a person or entity that performs certain functions or activities that involve the use or disclosure of PHI on behalf of, or provides services to, a HIPAA Covered Entity. “Content” means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, executable files, recipes, workouts, likes, activities, maps, routes, nutritional information and data, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services. “Covered Entity” means (1) health plans, (2) health care clearinghouses, and (3) health care providers who electronically transmit any health information in connection with transactions to which HIPAA applies. “Cronometer Content” means all Content that is not User Generated Content. “HIPAA” means the United States Health Insurance Portability and Accountability Act of 1996. “PHI” means individually identifiable health information, held or maintained by a Covered Entity or its Business Associates acting for the Covered Entity, that is transmitted or maintained in any form or medium (including the PHI of non-U.S. citizens). “Services” means all services accessed through the Site; “Site” means cronometer.com its subdomains and/or Cronometer's mobile applications; “User Generated Content” or “UGC” means any material whatsoever that a user, including you, submits, creates, transfers or otherwise makes available by access to the Site or through the Services, including but not limited to messages, information, images, data or in-media screen shots, video, audio or other Content posted in any public or private area within the Site or through the Services. ‍Acceptance of TERMS and revisions By accessing the Site, submitting information to us (regardless of whether you register an account with us) or downloading, installing or using any of the Content or Services you accept this Privacy Policy. If you do not accept this Privacy Policy you must not submit information to or register an account with us, access the Site or download, install or use any of the Content or Services. We reserve the right to revise this Privacy Policy at any time. We will give you notice of such revisions by posting the revised Privacy Policy at https://cronometer.com/privacy/. We will make a reasonable effort to inform you of changes to our Privacy Policy through pop-up notifications in the app and website, or by email. It is your responsibility to ensure that you are aware of the current Privacy Policy when you access or use the Site and/or Services. If you continue to access or use any of the Site and/or Services after any revisions to this Privacy Policy are posted you will be deemed to have accepted those revisions. Types of Information We Collect There are two types of information we may collect through your access to and use of the Site and/or Services: • “Personal Information” means information about an identifiable individual (including any “Personal Information” as such term is defined in the Personal Information Protection and Electronic Documents Act, Canada or the Personal Information Protection Act, British Columbia). Personal Information may include, but is not limited to, a person’s name, email address, residential address, precise geolocation information (i.e., your specific location), telephone number, payment card information, transaction history, other billing information and, in some cases, user name. • “Non-Personal Information” means information that does not identify you and cannot be used to contact you personally and may include your date of birth, age, gender, postal code and non-precise geolocation information (e.g., your city), as well as information about your computer, mobile device, and/or media system platform and their hardware/software/firmware and including but not limited to your unique device ID, Internet Protocol (IP) address, or other persistent identifiers. Non-Personal Information also includes “Usage Data” which is anonymous data associated with your computer, mobile device, and/or media system platform, that includes, in-media time, activities, purchases, badges, and in full compliance with HIPAA and Privacy laws, and on an aggregated and anonymous basis, your diary entries, data and notes, recipes, targets and profile. Note: Under certain circumstances, Personal Information and/or Non-Personal Information may constitute PHI. If HIPAA applies to such Personal Information and/or Non-Personal Information, we will take appropriate steps to comply with HIPAA’s privacy and security rule requirement. For example, if we are a Business Associate of a Covered Entity, and if specific Personal Information and/or Non-Personal Information that we use or disclose as such a Business Associate is PHI, we will take appropriate steps to comply with HIPAA’s privacy and security rule requirement with respect to any such use and disclosure. Application of this Privacy Policy This Privacy Policy only applies to the information that Cronometer collects and uses, or is supplied, through the access to and use of the Site and/or Services. Any information disclosed to any third party service providers is dealt with in accordance with the privacy policies adopted by each of those service providers. Individuals are encouraged to review the privacy policies maintained by each of those service providers to understand how their information will be used by those entities to process requests. For example, we partner with third party service providers and vendors to provide access to existing payment gateways and your credit card, banking and other billing information is kept with our payment processor Stripe and you can read about their privacy policy at the following link: www.stripe.com. The Site and/or Services may contain links to third party websites (the “Linked Sites”) that are not controlled or operated by Cronometer. The Linked Sites are maintained by third parties who have their own privacy policies and their own terms and conditions of use. This Privacy Policy does not apply to any of the Linked Sites and Cronometer is not responsible for any information disclosed to or collected by those Linked Sites or for the privacy practices of any operators or sponsors of the Linked Sites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party. Because we cannot control the activities of third parties, we do not accept responsibility for any use of your information by such third parties, and we do not guarantee that they will adhere to the same privacy and security practices as Cronometer. To determine how your information will be treated when accessing or using the Linked Sites, you must read the privacy policy, if any, that applies to each of the Linked Sites. Collection of Information We may collect information (including Personal Information) as follows: • Information you Provide to Us. If you choose to open an account with us, request support, or in any other way take steps that require the submission of information. we may collect information such as your name, email address, date of birth and gender. • Social Media Sites. If you choose to connect to our Site and/or Services through a third-party social network such as Facebook, we may collect information from your profile on such third-party social networks, such as your name, username, photograph, gender and date of birth. • If you choose to subscribe to our Site and/or Services, our payment processor, Stripe, will collect your credit card information. We do not collect or store your credit card information. • Public Forums. If you choose to make use of any public forum, comment section or chat function, we may collect any information you may disclose through such means. • In-Media Communications. If you choose to send a message to another user or defined group of users through our message, chat, post or other function, we may collect any information you may disclose through such means, as well as the necessary Personal Information of the user(s) you are contacting, in order to facilitate the communication. • Push Notifications. If you choose to enable push notifications, we may use your information such as a device ID or email address in order to send push notifications to your device. • Your Location. We may collect precise geolocation information provided that, prior to doing so initially, you will either be informed of such practice or be prompted to allow or disallow such feature. In the event you proceed with using any of the Products or Services or choose to allow such feature, you will have the ability to disallow it at any time thereafter by taking the appropriate steps in the applicable settings tab. • Information You Submit to Us. If you choose to submit your information to us for any other reason in any other form, we will collect such information and use it for the purposes for which you submitted it. • Visiting our Site. We will not collect any Personal Information from you simply by virtue of your visiting our Site. The information we collect is anonymized data used for statistical purposes. We only collect Personal Information if you choose to submit it to us. We do, however, collect Non-Personal Information such as device IDs, IP addresses and other persistent identifiers, as well as Usage Data, whenever you use our Site and/or Services. Such Non-Personal Information is not combined with Personal Information unless you choose to submit Personal Information to us. • Where Permitted by Law. We may also collect information, including Personal Information as otherwise permitted by law. • Our Third Party Contractors. We may ask some third party contractors, such as credit agencies, data analytics or market research firms, to supplement Personal Information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our Site and related advertising to better meet our subscriber's needs and preferences. To enrich our understanding of individual subscribers, we may tie this information to the Personal Information you provide to us. • "Cookies". In connection with the foregoing collection of information, we may also use “cookies” or similar technologies (small amounts of data that are stored on your computer's hard drive, mobile device or media system platform when you use or access our Site and/or Services that identify your computer, mobile device or media system platform and may store information about you such as behavioural data). Should you choose to submit Personal Information to us, we may link cookie information to such Personal Information. If you do not wish to accept cookies, you have the option of blocking or disabling cookies. However, please be aware that some of our Site and/or Services will not function properly if you do so and you may lose access to Services you purchased. • Third Party Advertisers. In addition, certain third-party advertisers may also make use of cookies alone or in conjunction with other tracking technologies in their ads served within our Site and/or Services. Such cookies may collect Non-Personal Information which those advertisers may use to serve you targeted ads both within and outside of our Site and/or Services. Third-Party Use of Cookies [and Other Tracking Technologies] Some content or applications, including advertisements, on the Site are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content. We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. Cronometer does not collect Personal Information through the access to and use of our Site and/or Services unless users choose to provide it. If you do not wish to have Cronometer collect your Personal Information through the use of our Site and/or Services, you can choose not to provide it. Public Information Including User Generated Content You may choose to disclose information about yourself in the course of contributing User Generated Content to us or through your use of our Site and/or Services including but not limited to our online forums, user "profiles" for public view or in similar forums on our Site. Information that you disclose in any of these forums is unencrypted, public information, may be accessed or recorded by Cronometer, and there is no expectation of privacy or confidentiality therein. You should be aware that any Personal Information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to make public in any of these forums. Note also that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies. Cronometer has no control over the information sent from your browser to those networks or other third parties and recommends that you ensure that your browser settings prevent the disclosure of information you would not like to share. If you post a video, image or photo on our Site for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your knowledge or consent. We are not responsible for the videos, images, or photos that you choose to submit to our Site. Please see our Terms of Service at https://cronometer.com/terms/ on this point and for other guidelines about posting content on any of our Site. Use of your Information We may use your information (including Personal Information) for administrative, analytical, research, optimisation, security and other purposes, including, without limitation, the following purposes: • to provide you with any services or functionality you have requested, including the Services; • to improve our Site and/or Services, and to inform the creation of future Services; • to send you information related to our Site and/or Services, including confirmations, technical notices, updates, security alerts, and support and administrative messages; • to process transactions for the Services; • to manage your account with Cronometer; • to track your access to and use of our Site and/or Services to help us learn more about your Site and/or Services access and usage, Content consumption and understand your preferences and tendencies so that we can personalise your experience, provide you with offers and notifications that are tailored to you, and otherwise enhance your experience when viewing Content and using our Site and/or Services; • to personalise your Cronometer Content and offers; • to respond to customer service inquiries; • to troubleshoot problems with the Site and/or Services; • to enforce our Terms of Service (https://cronometer.com/terms/); • to protect against unlawful activities or other misuse of the Site and/or and Services or for other security reasons; • to conduct marketing, including promotional activities such as sending newsletters; • to provide you advertising that better suits your interests and profile and is age/gender-appropriate and targeted to your interests or general location or both; • to compile statistics; • to send you push notifications (if you choose to allow that function). and • to take any other action permitted by law. By providing Personal Information through the access to, or use of, our Site and any of our Services, you acknowledge and agree that we may use the Personal Information for the purposes set out in this Privacy Policy and by accessing, using, or installing any of our Site and/or Services or submitting information to us you also agree that we may use the Non-Personal Information for the purposes set out in this Privacy Policy. Updates and Push Notifications We may occasionally send you updates, patches and related push notifications that may be of importance to you. If you do not wish to receive updates, patches and notifications you should discontinue use of our Site and/or Services or disconnect your computer or device from the Internet. If you do not wish to receive push notifications, do not select the "Email me about major updates" box under your Account Information in your Cronometer Profile. Disclosure of Information We will not transfer your Personal Information to third parties, except for our business partners who have agreed to comply with legally required privacy standards and who will use the information only for the purposes disclosed at the time of collection or for a use consistent with that purpose. Notwithstanding the foregoing, we reserve the right to disclose information, including Personal Information, if we reasonably believe that we are required to do so by law or legal process or if we are otherwise requested by any law enforcement officer or agency acting under colour of law. In addition, we reserve the right to disclose Personal Information and Non-Personal Information in order to (a) enforce the Terms of Service (https://cronometer.com/terms/). (b) investigate and/or take action against unlawful activity, suspected abuse or unauthorised use of the Site and Services. (c) protect and defend the rights or property of Cronometer. or (d) act in urgent circumstances to protect the safety or security of the public or users of the Site and Services. We may also disclose your information (including Personal Information) in connection with a corporate re-organization, a merger or amalgamation with another entity, or a sale of all or a substantial portion of our assets provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information. We may also share aggregate or anonymous information, including Personal Information, about you with hardware manufacturers, platform hosts, content providers, publishers, business partners, and other third parties, to the extent permitted by applicable law. We may sell, rent or share your Usage Data and other Non-Personal Information including, without limitation, device IDs, advertising IDs or other persistent identifiers and non-precise geolocation information or precise geolocation information (if you choose to allow us to collect it), with third parties who assist us with our operations such as administration, analytics, research, optimisation, and with our advertising partners in order to, among other things, allow them to serve more relevant advertisements tailored to you. If information constitutes PHI, We will only use or share PHI in compliance with the privacy and data security requirements of HIPAA, and in conformity with the terms and conditions of any applicable Business Associate Agreement. Your California Privacy Rights California Civil Code Section § 1798.83 permits users of our Site that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. However, we do not disclose personal information to third parties for their direct marketing purposes. Protection of YOUR Information Cronometer has implemented reasonable physical and technical measures to protect the information we collect or are provided with from unauthorized access and against loss, misuse or alteration by third parties. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers" from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure. While we take reasonable efforts to safeguard Personal Information, we are not liable for any breach resulting from the limitations of the security of our systems. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY GUARANTEE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION. For further information on how we safeguard information we collect or are provided with, contact us via email at privacy@cronometer.com. Retention of YOUR Information The data and information that we collect will be stored and maintained by Cronometer or our third party service providers until you delete it or instruct us to delete it. Currently, Cronometer or our third party service providers retain and store information collected by, or provided to, us in the cloud and on secure, HIPAA compliant servers in the United States. As Cronometer and some of our third party service providers may retain and store information received from users (including Personal Information) outside of Canada, and under the laws of those other jurisdictions, in certain circumstances courts, law enforcement agencies, regulatory agencies or security authorities in those other provinces or foreign jurisdictions may be entitled to access users’ information. Account Security If you access our Site and/or use any of our Services, you are responsible for protecting the confidentiality of your account password and elected codes, and for restricting access to your computer, device or media system platform, and you agree to accept responsibility for all activities that occur under your account. Please notify us immediately if you detect suspected misuse of your account. Access and Accuracy Cronometer will use commercially reasonable efforts to provide you access to your Personal Information (to the extent we are in possession of any) if you submit your request for access via privacy@cronometer.com. Subject to applicable law, Cronometer reserves the right to deny access to your Personal Information on any of the following grounds: • when denial of access is required by law; • when granting you access is reasonably likely to negatively impact other people's privacy; • when granting access is, in our judgement and acting reasonably, cost prohibitive. or • when we have reason to believe that such requests are frivolous or made in bad faith. You are responsible for ensuring that all information created through your access to and use of the Site and/or Services is accurate, reliable and complete and you acknowledge and accept that the use of such information is at your own risk. We ask that you keep the Personal Information that you provide to us current and correct. Users can access and edit their account information under the Profile tab of the website or mobile app. You represent and warrant that all Personal Information you provide us is true and correct and relates to you and not to any other person. If you believe that the Personal Information maintained by Cronometer about you is inaccurate or incomplete, you may notify us by describing in detail any inaccuracies or omissions via email at privacy@cronometer.com. Following receipt of a properly submitted notice, we will, within a reasonable time period and acting in our sole discretion, use commercially reasonable efforts to either: (a) amend or correct your Personal Information to reflect corrected or additional information provided by you, or (b) in connection with your Personal Information, make note of any claimed inaccuracies or omissions reported in the notice submitted by you. Policy Regarding Children Cronometer recognizes the privacy interest of children and we encourage parents and guardians to take an active role in their children’s use of our Site and/or Services. Our Site and/or Services are not intended for children under the age of 13. No one under the age of 13 may provide any information to or on the Site. We do not target our Site and/or Services to children under the age of 13. Cronometer does not knowingly collect or use any Personal Information from children under the age of 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at privacy@cronometer.com. If you are between the age of 13 and 18, please obtain your parents' or legal guardian's permission before accessing or using any of our Site and/or Services or providing us with any Personal Information. Governing Law Those who choose to use or access the Site and/or Services from outside Canada do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials. This Privacy Policy is governed and interpreted pursuant to the laws of the Province of British Columbia, Canada and the federal laws of Canada applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you accept and submit to the exclusive jurisdiction of the courts located within the Province of British Columbia, Canada. International Transfer We may transfer information that we collect about you to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that these countries and jurisdictions may not have the same personal information protection laws as your own jurisdiction, and you consent to the transfer of information over international borders and the use and disclosure of information about you, including Personal Information, as described in this Privacy Policy. Questions or Comments We welcome questions or comments about this Privacy Policy. Please direct any questions or comments to the individual below who oversees Cronometer’s compliance with privacy requirements: Cronometer Software Inc. ‍ Attention: Privacy Officer ‍ Address: PO Box 9099 Revelstoke,B.C., Canada V0E 3K0 Email: privacy@cronometer.com