Privacy Policy



I. Introduction

Motivve Health Studios, LLC d/b/a Motivve Studios (“collectively, “Motivve Studios”, “we,” “our,” or “us”), provides products and services (collectively, the “Services”), that were designed to make engaging you with your health more fun and accessible that may, among other things, promote improved health and provide convenient access to various applications, tools, resources, trivia, health-based activities, and personalized missions. Your privacy is important to us, as such, we are committed to respecting your privacy and maintaining the confidentiality of our users’ and visitors’ personal information (“user,” “visitor,” “you,” or “your”). We provide this Privacy Policy (“Privacy Policy”) to outline our personal information practices and procedures and the options you have for the way your personal information is collected, used, stored, and disclosed from users (“Users”, “you”) of the Services who have registered to create an account (“Account”), as well as information collected for marketing purposes. All products and services that are governed by this Privacy Policy will include a link to and/or copy of this Privacy Policy on the home page of the applicable website. Some online and/or mobile services offered by or affiliated with Motivve Studios may be governed by a separate privacy policy.


II. Scope of the Privacy Policy

As described in this Privacy Policy, Motivve Studios may use and disclose your information to provide you with our Services and to provide support to and improve our Services. In some instances, our use and disclosure of your personally identifiable information (“PII”) may include protected health information (“PHI”), and/or the national provider identifier (“NPI”) as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended. By using our Services (both as a visitor and a registered user), including any online and mobile tools, applications, websites, platforms, and services where this Privacy Policy is posted, you agree to the terms and conditions of this Privacy Policy and acknowledge that your information will be collected, used, stored, and disclosed in accordance with this Privacy Policy. We do not allow third parties to advertise to Users on our Services, unless you provide consent, which is not requested in this Privacy Policy.

Please note that you may not be eligible for all of the products and services covered by this Privacy Policy.


III. Information We Collect

When you visit, use, download, register with, or log into our Services, we may collect certain PII, PHI, data, and information (“Information”) regarding your use of and interaction with our Services. This may be Information that you provide directly to us, that we automatically collect, and that we receive from third parties. The types of information we collect and in what manner is described below.


Information You Provide Directly to Motivve Studios

When you register for or use our Services, including registering or signing into our Services with Google, Facebook, or other third-party linked accounts (collectively, “Third-Party Linked Account”), you will provide us with access to Information about yourself (as authorized) from that Third-Party Linked Account that may include, without limitation, your name, email address, mailing address, telephone number, date of birth, username and passwords. When you use our Services, contact us regarding our Services, or submit comments,questions, and/or feedback to Motivve Studios in regards to our Services, you may provide certain Information directly to us including where you use the Services to direct and authorize us to obtain information about you from other sources.

Additionally, without limitation, when you use our Services, you may provide us with Information directly and/or indirectly in connection to and/or related to certain activities such as, for example, responses to our surveys, trivia questions, participation in various missions (that may be specific to certain health conditions), tracking your progress toward achieving various goals and toward accomplishing various missions (that may be specific to certain health conditions), accessing various resources, tools, applications or programs that may be available to you, reviewing articles and other health-related content, and accessing certain health information and/or records as available. You may also provide us with Information about your age, weight, current health condition, past and present medical conditions, medication prescriptions, wellness status, occupational status, and other information related to your health and wellbeing. We may also collect Information about your health plan (including, without limitation, benefits information and information regarding in-network and out-of-network providers).

If you choose to not provide your Information when requested by and/or when using our Services, Motivve Studios will not be able to provide you the Services, with the information you requested, or respond to your comments or questions.


Information We Collect from Third Parties

Motivve Studios enters into business relationships with other entities to make our Services available to you. These may include, without limitation, health plans and/or health insurers, healthcare providers and networks, pharmaceutical companies, employers, other providers of healthcare related products or services, and companies that contract with health plans and/or health insurers, healthcare providers and networks, pharmaceutical companies, employers, other providers of healthcare related products or services, and/or Motivve Studios (collectively, the “Motivve Studios Partners'') to make our Services available to Users who are patients, enrollees, members, and/or participants of such Motivve Studios Partners. When you use the Services, we may collect Information about you, directly or indirectly, from or through applicable Motivve Studios Partners as well as other Users on the Services. With your consent, we may also collect information from other third parties.


Information We Collect Automatically

We, our Motivve Studios Partners (see above for more information), and other third parties may use automated means to collect information about you, your computer, and/or other devices (such as a mobile phone, tablet, etc) you use to access the Services, and your use of the Services. These automated data collection technologies may include cookies, web log files, analytics tools and other common and/or similar technologies (collectively, "Tracking Technologies"). These technologies allow us to track and analyze user trends and interaction with the Services, administer and improve the Services, gather demographic information on our user base, and provide you with relevant and personalized information. We may receive reports on an individual as well as aggregated basis based on the user of these technologies by Motivve Studios, and any third-party vendors acting on Motivve Studios behalf.


Cookies and Tokens

Cookies are files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings on your device. Our Services may use HTTP cookies, HTML5 cookies, Flash cookies and other types of local storage (such as browser-based or plugin-based local storage). Your browser may tell you how to be notified when you receive certain types of cookies and how to restrict or disable certain cookies. You also may be able to delete your Flash cookies or adjust your Flash cookie settings by visiting the Adobe Flash Website Storage Settings Manager. Please note, however, that without cookies you may not be able to use all of the features of our Services.

The Tracking Technologies also are used for administering the Services, including without limitation, for authentication, to remember Users’ settings, to customize the content and layout of the Services for Users, to contact you about the Services, and to improve our internal operations, the content of our Services and our services. Users may be able to control the use of, or reject or disable, some Tracking Technologies at the individual browser level. If you reject or disable Tracking Technologies, you may still use our Services, but your ability to use some features or areas of our Services may be limited. We use Tracking Technologies to identify your device and keep track of your Internet session with our Services. Using these Tracking Technologies, we may automatically end your session on our Services after a period of inactivity (as determined by us in our sole discretion). We also use Tracking Technologies that allow us to recognize your device when you return to the Services within a certai period of time (as determined by us in our sole discretion) and automatically log you back into your Account with us. UNLESS YOU AFFIRMATIVELY LOG OUT of your Account PRIOR TO YOUR SESSION ENDING (whether by you or by us), YOU WILL BE AUTOMATICALLY LOGGED BACK IN THE NEXT TIME YOU OR ANY USER OF YOUR DEVICE VISITS OUR SITE within the period of time determined by us. If you do not wish to be automatically logged back in when you (or someone using your device) next initiate a session with our Services (using the same device that is being used for your current session), you should log out of your Account (i) prior to ending your session, or (ii) if you will be inactive on our Services for more than a few minutes.n


Web Logs

In conjunction with the gathering of data through cookies, Web servers may log records such as your device type, operating system type, device advertising identifier, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. The Web server logs also may record the address of the Web page that referred you to our Services, the IP address (and associated city and state or province for the IP address) of the device you use to connect to the Internet, and data about your interaction with our Services, such as which pages you visit.


Pixels/Web Beacons

To control which Web servers collect information by automated means, we may place tags on our Web pages called "Web beacons" (or “pixels”), which are files that link Web pages to particular Web servers and their cookies. We may use pixels for security and fraud-prevention purposes. We also may include Web beacons in e-mail messages to record whether an email has been opened or whether certain links in such email have been clicked. We or third parties also may send instructions to your device using JavaScript or other computer languages to store or gather the sorts of data described above and other details about your interactions with the Services. We may use third-party pixels on the Services’ registration and login pages. For example, we may use these pixels to assess your progress in registering for our Services. If you start but fail to complete the registration process, we may also use third-party pixels to deliver reminders to complete your registration. We may also use these pixels to delver notices about new and existing features on our Services. These reminders and notices may appear on other websites, and third parties who provide the pixels may use the information obtained from pixels for their business purposes. To opt out of such use of third-party pixels for advertising, please visit http://www.aboutads.info/choices.i


Online Analytics

We may use third-party web analytics services on our Services, such as those of Google Analytics. These service providers use the sort of technology described in this “Information that is Automatically Collected” section to help us analyze how Users use the Services, including by noting the third-party website from which Users arrive. The information (including your IP address) collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on.


Mobile Application Technologies

Our mobile applications may also collect information specific to your mobile device (including a smartphone or tablet), such as unique device identifiers (including facial and fingerprint authorization), your screen resolution, other device settings and, with your consent, precise geolocation information, motion coprocessor data (e.g. recording information such as steps, distance, and elevation), accelerometer data (showing whether you're stationary or moving), and gyroscope data.


Collection of Information Across Personal Devices and Applications

Sometimes, we (or our service providers) may use the information we collect—for instance, log-in credentials, IP addresses, hashed email addresses, and unique mobile device identifiers—to locate or try to locate the same unique users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content, features, and advertising (for Motivve Studios on other sites), and provide you with a seamless experience across the devices you use to access our Services.


PHI

Motivve Studios is not a covered entity as that term is defined in HIPAA. However, some of our Motivve Studios Partners are covered entities who maintain PHI about you. Some of the information that they share with us may constitute PHI. When they are permitted by HIPAA and their own privacy practices to share your PHI with Motivve Studios, we have HIPAA business associate agreements in place to ensure that your PHI is received, created, stored, protected, used, disclosed and disposed of in a HIPAA-compliant manner. Further information about how your PHI is disclosed to Motivve Studios, and used, disclosed, and maintained by Motivve Studios, is below. To understand how and in what circumstances our Motivve Studios Partners may share PHI with us, please refer to the Notice of Privacy Practices (“NPP”) and/or privacy policies of your health plan and/or health insurer, healthcare provider and network, and other providers of healthcare related products or services that are covered entities.


IV. How We Use Your Information

Motivve Studios, and our third-party vendors acting on our behalf, may use the information we collect through our Services. This may include, but is not limited to, the following purposes:

  • ● Registering you to use our Services and allowing you to log into our Services, including the authentication of your identity, where applicable, and enabling your access to the Services;
  • ● Responding to and fulfilling your requests and communications;
  • ● Sending authentication codes or otherwise contacting you for multi-factor authentication of your identity;
  • ● Communicating with you (including, without limitation, via email, push and/or in-app notifications);
  • ● Tracking user demographics, interests, and use of the Services
  • ● Administering, or fulfilling awards related to use of our Services such as any rewardable activities, sweepstakes, contests, auctions, and other benefits and/or digital credits (if offered);
  • ● Connecting you with, and providing you with information about Motivve Studios or our Motivve Studios Partners’ services, rewards, resources or programs to which you may have access (if offered);
  • ● Providing you with content, including, without limitation, generating recommendations (such as recommended activities, services, benefits or rewards if offered) for your use of the Services, and processing your preferences and requests;
  • ● Analyzing, customizing, personalizing, and generating results of the Services through the delivery of personalized content and communications;
  • ● Facilitating communications between our Motivve Studios Partners and the Users whom our Services have been made available to;
  • ● Troubleshooting and/or resolving issues with your Account or the Services;
  • ● Verifying your compliance with your obligations in our Terms of Service or other Motivve Studios policies;
  • ● Administering, operating, and improving the quality of Services;
  • ● Other commercial reasonable purposes related to the operation and performance of the Services; and
  • ● Provide services as directed by you or provided for herein.

Except where prohibited by law, and only to the extent permitted by Motivve Studios agreements with applicable Motivve Studios Partners, we may also use your Information in connection with any other services we make available to you.


Creation and Use of Combined Data, De-Identified Data, and Aggregated Data

As permitted by law and by Motivve Studios agreements with applicable Motivve Studios Partners, Motivve Studios, and any third-party vendors acting on Motivve Studios behalf, may aggregate and/or de-identify your Information and/or combine your Information with other information maintained or available to Motivve Studios and use or disclose such information as follows:

  • ● We may use aggregated or combined data to communicate with you about our products and services and disclose such aggregated or combined data to our Motivve Studios Partners in connection with providing the Services.
  • ● We may also use and disclose de-identified data, de-identified aggregate data, and/or de-identified combined data for improving our products and services, conducting analytics such as evaluating our Services and developing additional benefits, programs, and services, and disclosing to our Motivve Studios Partners for analytics purposes.


How We Protect Your Information

The security of your Information is important to us. We follow security standards to protect the Information submitted to us from loss, interference, misuse, unauthorized access, disclosure, alteration or destruction, both during transmission and once we receive it. These safeguards vary based on the sensitivity of the Information that we collect, process and store and the current state of technology. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. We also maintain procedures to help ensure that such data is reliable for its intended use and is accurate, complete and current.


Be Sure to Log Off When Using Public or Third-Party Computers

As described above, we use Tracking Technologies that may automatically log you back into your Account with us unless you affirmatively log out of your Account prior to your session ending (or prior to our Services "timing out" – i.e. our ending your session automatically after a period of inactivity as determined by us in our sole discretion). If you log into the Services using a public computer or device, or a computer and/or device that belongs to or is shared with another person, you should affirmatively log out of your Account. Otherwise, the next user of that computer or device may be able to access your Account and your Information in your Account if your session has not ended.


Your Use of a Third-Party Linked Account or Persistent Log-In

If you choose to use a Third-Party Linked Account and/or persistent log-in with your Account, such as (i) having our Services remember your user email address and/or password, (ii) logging into our Services using a Third-Party Linked Account, or (iii) logging into our Services with verified unique device identifiers associated to your Account (including, without limitation, facial and fingerprint authorization), third parties and/or others may have unauthorized access to your Information through your device (such as smartphones, tablets, or computers). If you are concerned about the unauthorized use or disclosure of Information via persistent log-in, you should elect to not use the persistent log-in feature.


V. How We Share Your Information

We may share and disclose your information in the following circumstances:


Disclosures to Service Providers and our Motivve Studios Partners

Motivve Studios, and third-party vendors acting on our behalf, may disclose your Information to Motivve Studios Partners, third-party service providers, or vendors acting on our behalf for the purpose of providing the Services and related services to you or other Users, including, without limitation, registering you to use the Services (e.g., authenticating your identity), logging you into the Services, providing you with information you have requested through the Services or related services, administering and providing rewards (if offered), related to your use of the Services, and connecting you with resources, tools, content and other services. Third-party service providers or vendors acting on our behalf are authorized to use your Information to provide us services or as required by law, and they are also permitted to aggregate or de-identify your Information such that it is not identifiable to you.


Additional Disclosures with Your Consent

With your consent outside of this Privacy Policy, we or our Motivve Studios Partners may share your Information with third parties or allow them to collect information from the Services in some ways not specifically described in this Privacy Policy. For example, we may ask and you may provide a HIPAA Authorization to enable us to share certain information with third parties. You may also be provided with an opportunity to use services provided by third parties, e.g. telemedicine services. To streamline your login or registration for such services, we may share certain information with these third parties. Certain features of the Services make it possible for you to share Information with other users. If you choose to share information with others through our services, that information is not confidential. We cannot control how others will use the information you make available to others.


Safety, Security and Compliance with Law

We may share your Information and the contents of your communications through the Services to third parties as is required or permitted by law to do so. This may include complying with subpoenas and other legal processes, when necessary to enforce and protect our rights, including enforcing our Terms of Service and this Privacy Policy, responding to government requests or investigations, reporting unlawful activity, preventing and investigating fraud, and when necessary to protect the safety and security of our users.


Subsidiaries and Affiliates

We may share your information with parent, affiliate, and subsidiary entities of Motivve Studios unless otherwise prohibited by law and/or contract from doing so for the purposes set out in this Privacy Policy.


Corporate Transactions

In the event Motivve Studios is engaged in a sale, merger, dissolution, or other corporate transaction or restructuring, we may share your Information to third parties in connection with that transaction.


De-Identified and Aggregate Information

We may create and share data about our Services and Users that is de-identified and aggregated, including information on user demographics and/or usage. This de-identified data may be shared with third parties without your authorization.


Uses and Disclosures as Required or Permitted by Law, Including Research, Health Care Operations, and Public Health

To the extent not prohibited by law or precluded by Motivve Studios agreements with the applicable Motivve Studios Partner, Motivve Studios, and any third-party vendors acting on Motivve Studios behalf, may use and disclose any de-identified Information: (a) as required or permitted by law, including, where applicable, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which may include disclosures to the applicable Motivve Studios Partner; (b) for Research purposes; (c) for purposes of Health Care Operations of the applicable Motivve Studios Partner; and (d) for Public Health, as each is defined and in accordance with HIPAA.


VI. How We Store and Secure Your Information

Security

Motivve Studios is committed to the security of its systems and privacy of its customers’ data. Motivve Studios is vigilant in protection of the Information you provide from its loss, misuse, and unauthorized access or disclosure. Motivve Studios and its hosting services infrastructure partner have received internationally recognized certifications and attestations for HITRUST, NIST, HIPAA, and other security standards. However, no method of transmission over the Internet, wireless communication, or other method of electronic storage is infallible, therefore, we cannot guarantee its security.


Data Retention

Motivve Studios will only retain personal data and Information collected from you only for as reasonably necessary for the purposes set out above, considering criteria such as applicable rules on statute of limitations and unless otherwise required by law, of your use of our Services. Personal data and Information may persist in copies made for backup and business continuity purposes for additional time.


Third Party Storage of Data

We may use third-party services on our Services, such as those of Amazon Web Services or Aptible, that provide cloud computing, cloud security, hosting, data storage, and/or other similar technology services (collectively, “Cloud Technologies''). Information that is acquired through your use of our Services and/or provided to Motivve Studios by our Motivve Studios Partners, and any third-party vendors acting on behalf of Motivve Studios in connection with any services we may make available to you, may be stored on servers operated using the Cloud Technologies data and information security and compliance development platform and tools. These servers are located in the United States. Information stored by Motivve Studios is subject to the terms, conditions, and security policies and procedures of these Cloud Technologies in addition to the terms and conditions in this Privacy Policy. If you have any questions in regards to our use of the Cloud Technologies as it pertains to your data information secrity, you may contact us as described in the “How To Contact Us” section below. u

Other information that you provide when you use our Services may be stored locally on your computer or mobile device (such as smartphones, tablets, etc). The scope and type of information that may be stored locally varies by device. Information that is stored on your mobile device may leave your mobile device through automatic backup processes, manual downloads, and other means outside the control of Motivve Studios. Motivve Studios uses encryption technologies in transmitting your information, however, activities on mobile devices and through internet connections, and the information associated with such activities may also be transmitted to or collected by authorized or unauthorized third parties and may be intercepted by third parties even with encryption protections in place. Therefore, Motivve Studios cannot guarantee that information you submit through its mobile applications or store locally on your mobile device will remain private. Any data you provide or store locally through mobile appliations is at your own risk. c


HIPAA compliance

PHI that Motivve Studios receives, creates, stores, protects, uses, discloses and destroys is managed in a HIPAA compliant manner in accordance with the requirements of our business associate agreements with our Motivve Studios Partners. However, some health-related information that you provide to the application may be stored locally on your mobile device. To the extent that Information is stored locally and is never transmitted to Motivve Studios, it does not constitute PHI for purposes of HIPAA, but may constitute a protected health record as defined in HITECH. Such protected health records are otherwise subject to the terms and conditions of this Privacy Policy, but are not treated as PHI.


VII. Your Choices and Preferences

Accessing, Updating, and Deleting Information

You may update and/or delete certain Information by logging into the Services and updating your Account. To access, review, update and/or delete certain Information, additionally, if you wish to have your Account deactivated, you may contact us as described in the “How To Contact Us” section below. We will respond to your request within a reasonable and lawful timeframe under the circumstances of your request. We may request you provide us with information necessary to confirm your identity before responding to your request.

Certain Information is necessary in order for us to provide the Services; therefore, if you delete such necessary Information you will not be able to use the Services or receive the related services. Please note that even though you may deactivate your Account or request the deletion of your Information, we may be required (by law or otherwise, such as to prevent fraud, resolve disputes, or troubleshoot problems) to retain this information. We may also keep a copy of your Information to protect our legal rights, such as in connection with your use of the Services or your agreement to our Terms of Service, as permitted or required by applicable law.


Communications

You can decline promotional communications at the point information is requested or, by following the unsubscribe instructions on communications sent to you. You can also contact us as described in the “How to Contact Us” section below. However, even if you opt out of such communications, you may continue to receive other transactional, relationship, and/or administrative communications from or through Motivve Studios that are important or related to your Motivve Studios Account or the products and services you are using (such as, for example, a notice that there has been a change in one of your services).

Please also note that you, not Motivve Studios, have control over certain settings for how communications such as emails and push notifications are displayed on your devices, and the settings you select will affect how Motivve Studios communications are displayed (e.g., whether they are visible on a locked screen and whether a preview of message content is displayed).

You may initiate communications with us via email, or you may request that we communicate with you via email. By doing so, you are acknowledging and accepting the risks associated with using unencrypted email to communicate with us, particularly where you request communications that may include health information about you or others. If you do not agree, please do not request sensitive information via emails.


VIII. Miscellaneous

Third-Party Websites and Services

Our Services may contain links that enable you to visit or use other third-party websites, resources or programs. However, we do not have control over the other websites, resources, or programs that you choose to visit, so this Privacy Policy does not apply to information collected or that you provide while visiting such other websites, resources, or programs. You should refer to the privacy policies, if any, applicable to the other websites, resources, or programs.


California Disclosures

The California Consumer Privacy Act (“CCPA”) sets forth certain obligations for businesses that “sell” personal information. Based on the definition of sell under CCPA and under current regulatory guidance, we do not engage in such activity and have not engaged in such activity in the past twelve months. We do not allow third parties to advertise to Users on our Services, unless you provide consent, which is not requested in this Privacy Policy.


Age Requirements

Our Services are not directed to children under the age of 18, and children under the age of 18 are not eligible to use our Services. Protecting the privacy of children is important to us and we do not collect information from persons we actually know to be under 18 years of age. No part of our services is designed to be used by or to attract persons under 18 years of age. If we later learn that a child under the age of 18 has provided their information through the Services, we will take steps to remove his or her information from our systems and servers and prevent the person from using the Services going forward.


International

Only legal U.S. residents currently residing in the United States are permitted to use the Services. Importantly, the Services are not available to any persons currently residing in the European Union or other persons subject to the EU’s General Data Privacy Regulation (“GDPR”). If you are using our Services from outside the United States, please be aware that you are sending information to the United States where our servers are located and that by using our Services and providing us with your data you are consenting to such a transfer. Information provided may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information. These countries (including the United States) may not necessarily have data protection laws as comprehensive or protective as those in your country of residence; however, our collection, storage, and use of your information will at all times continue to be governed b this Privacy Policy.y


Modifications to this Privacy Policy

Motivve Studios may revise this Privacy Policy from time to time to reflect changes to our regulatory and information practices. If we make changes to this Privacy Policy, they will be reflected in an updated Privacy Policy that will be posted on the Services, and all changes will be effective upon such posting or upon any later date specified by us in writing. We encourage you to periodically review this page for the latest information on our privacy practices. You can determine when this Privacy Policy was last revised by referring to the "Effective Date" legend at the top of this Privacy Policy. By continuing to use the Services or any services following the effective date of any updated Privacy Policy, you understand the applicability of the terms and conditions of such updated Privacy Policy.


How To Contact Us

Please read this Privacy Policy carefully. If you have any questions or complaints regarding our Privacy Policy, privacy practices, or privacy-related questions that are not addressed in this Privacy Policy, please contact us by email at support@motivvehealth.com with the subject: Attn: Chief Security Officer

U.S. Contact Information:

Motivve Health Studios, LLC
1213 Hathaway Avenue
Lakewood, Ohio 44107
Support@motivvehealth.com