Fertu Privacy Policy
Effective: January 10, 2022
Protecting your personal data is important to Fertu and its subsidiaries (collectively, “Fertu” or “we”). For more information about our subsidiaries, please see “How We Share Personal Information.” When you use any of our websites or mobile applications
(the “Platform”) or use our and our engagement/customer relationship management platforms and services (“CRM”), we may collect information about you, including information that can be used to identify you (“Personal Information”).
Additionally, we may collect Personal Information from your health plan, your employer’s self-funded health plan, your employer, a health service provider, your pharmacy and/or other similar types of entities (your “Sponsor”) or from other third parties described in this Privacy Notice. In some cases, the Personal Information we collect may include Protected Health Information (“PHI”) as defined under the Health Insurance Portability and Accountability Act (“HIPAA”), which is a regulated subset of Personal Information. We collect this data to provide you with the services and functionality that you request (the “Services”), as well as for the other purposes described in this Privacy Notice.
This Privacy Notice is intended to help you understand: (A) what Personal Information we collect, how we collect it, how we use it, and how we share it, (B) the choices you have related to your Personal Information, and (C) how we protect your Personal Information, when you use the Services. Please take a moment to review the terms of this Privacy Notice, which is incorporated into the Terms of Use governing your use of the Services. By accessing the Platform or using the Services, you expressly agree that we may collect, process, and share your information (including Personal Information) consistent with this Privacy Notice and to the Terms of Use.
If you are a resident of California, please see our Supplemental Privacy Notice for California Residents, which provides additional information and disclosures.
1. Information About Our Services
The Services may be offered to you through your Sponsor. The Services may allow you to connect to independent third parties that offer programs, resources, content, activities and/or services in categories such as health and wellbeing, condition management, benefits, financial health, etc. (each a “Fertu Network Partner”). For example, a Fertu Network Partner may help facilitate biometric screenings or provide you with nutrition planning assistance. These Fertu Network Partners are separate and distinct entities from Fertu, but we may exchange Personal Information with them as described in this Privacy Notice. If you agree to accept the services offered by a Fertu Network Partner, such agreement is solely between you and the Fertu Network Partner, and any information you provide to or that is collected by a Fertu Network Partner is subject to that Fertu Network Partner’s Privacy Notice. We are not responsible for the privacy practices or services of the Fertu Network Partner.
2. Information We Collect
When you interact with our Platform or use the Services, we may collect the following types of information.
A. Personal Information We may collect Personal Information including, but not limited to, the following categories:
●Name;
● Date of Birth;
● Email Address;
● Home Address;
● Business Address;
● Phone Number;
● Social Security Number;
● Other Identification Numbers (e.g. state-issued identification number, member number, or employee number);
● Biometric Information.
B. Other Health Information
We also collect Personal Information specifically related to your health including, but not limited to, the following categories:
● Physical Activity and Movement Data;
● Health Risk Assessments;
● Lab Scores;
● Data Related to Managed Health Programs;
● Medications and Prescriptions;
● Cognitive Assessment Data;
● Health Conditions or Diseases;
● Health Plan Information;
● Insurance Information; and
● Eating Habits and Nutrition.
C. Protected Health Information
We may receive Personal Information from the Sponsor that qualifies as PHI, including claims information, lab and biometric information, electronic medical records/electronic health records, and program activity. We limit our use of such information to
restrictions imposed by each Sponsor and HIPAA. For more details about the PHI that is provided to us, please review your Sponsor’s Notice of Privacy Practices or related disclosures.
D. Usage Information
We may collect certain information automatically when you visit the Platform (“Usage Information”), including:
Your browser type and operating system;
Your Internet Protocol (IP) address, which is the number automatically assigned to your computer whenever you access the Internet and that can sometimes be used to derive your general geographic area;
● Geolocation information;
● Other unique identifiers, including mobile device identification numbers;
● Sites you visited before and after visiting the Platform;
● Pages you view and links you click on within the Platform;
● Information collected through cookies, web beacons, and other technologies;
● Information about your interactions with e-mail messages, such as the links clicked on and whether the messages were opened or forwarded; and
● Standard Server Log Information.
Except to the extent required by applicable law, we do consider Usage Information to be Personal Information. However, Usage Information may be combined with your Personal Information. To the extent that we combine Usage Information with your Personal Information, we will treat the combined information as Personal Information under this Privacy Notice.
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3. How We Collect Information
A. From Sponsors
We may receive Personal Information from your Sponsor such as your name, contact information (e.g. email address, home and business addresses and phone number), identification number (e.g., member, employee and social security number), gender,
birthdate, etc. We may also receive Personal Information from your Sponsor that qualifies as PHI under HIPAA, including claims information, lab and biometric information, electronic medical record/electronic health record and program activity.
A. From Sponsors
We may receive Personal Information from your Sponsor such as your name, contact information (e.g. email address, home and business addresses and phone number), identification number (e.g., member, employee and social security number), gender,
birthdate, etc. We may also receive Personal Information from your Sponsor that qualifies as PHI under HIPAA, including claims information, lab and biometric information, electronic medical record/electronic health record and program activity.
B. From You
We may receive Personal Information directly from you such as your name, contact information (e.g., email address, home and business addresses, and phone number), identification number (e.g., member, employee, and social security number), gender,
birthdate. You may also choose to provide Personal Information regarding your health and personal interests when you participate in various activities (e.g. health assessments, action cards, challenges or contests, message boards, and engaging with a coach). Additionally, you may be required to provide Personal Information when submitting inquiries to us through the chat functionality, email or otherwise contacting us.
C. From a Fertu Network Partner
We may receive Personal Information from a Fertu Network Partner such as your participation and completion of an activity. We may also receive health, clinical and fitness (e.g., program activity, biometric information, and health assessment) information from the Fertu Network Partner.
D. Through a Health or Fitness Device or Application
If you are a Platform user, you may choose to send Personal Information to Fertu from a health or fitness device or application. The Personal Information Fertu receives varies by device/application and device/application vendor (e.g., connecting a fitness watch may result in Fertu receiving your daily step count, your heart rate, your activity for the day, etc.). You should review the documentation for your device/application and any permissions it requests prior to connecting the device/application to the Services. To disconnect a device/application and stop providing related Personal Information you may modify your account settings on the Platform or changing the settings on your device/application.E. Through Other Technology Fertu and third parties that we work with may use automated means to collect Usage Information about you, your computer or other device that you used to access the Platform and Services. These automated means include technologies such as cookies, web beacons, and similar technologies. These technologies help us analyze trends, administer the Services, track your movements around the Platform, gather demographic information about our user base, and otherwise provide you with relevant content. We may receive reports on individuals as well as aggregated basis through our use of these technologies and any third-party service providers acting on our behalf.
i. 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.Our cookies, tokens and similar technologies (collectively, “Tracking Technologies”) also are used for administering the Services, including without limitation, for authentication, to remember your settings, to customize the content and layout of the Services for you, to contact you about the Services, and to improve our internal operations and the content of our Services. To learn more about cookies and similar tracking technologies, and how they can affect your privacy, visit allaboutcookies.org. You 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 Platform and Services, but your ability to use some features may be limited. We use Tracking Technologies to identify your device and keep track of you Internet session with our Services. We also use Tracking Technologies that allow us to recognize your device when you return to the Platform within a certain period of time (as determined by us in our sole discretion) and automatically log you back into your account with us.
ii. Pixels/Web Beacons To control which servers collect information by automated means, we may place tags on our Platform called “web beacons.” Web beacons (sometimes called transparent GIFs, clear GIFs, or web bugs) are small strings of code that provide a way for us to deliver a small graphic image (usually invisible) on a web page or in an email. Web beacons can recognize certain types of information on your computer such as cookies, the time and date a page is viewed, and a description of the page where the web beacon is placed. 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.
iii. Online Analytics
We may use third-party analytics services, such as Google Analytics, to evaluate your use of the Site, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information related to the Platform. Google Analytics is a web analytics service provided by Google, Inc., (“Google”). Google Analytics places cookies on your computer to help the website analyze how users use the Site. The information generated by the cookie about your use of the Platform (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information to evaluate your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. By using this Site, you consent to the processing of data about you by Google in the manner and for the purposes set out above. For more information regarding Google Analytics please visit Google’s website, and pages that describe Google Analytics, such as www.google.com/analytics/learn/privacy.html.
F. From Public Sources and Third Parties
We also obtain Personal Information from public sources and records. We either gather this information ourselves or pay third parties to gather and compile for us. Additionally, we may pay third parties for datasets that contain Personal Information but are not publicly available.
G. Through “Just-in-Time” Disclosures
We may also provide “just-in-time” disclosures or additional information about our collection, use, and disclosure of Personal Information. These may supplement or clarify our privacy practices or may provide you with additional choices about how we
process your Personal Information.
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