Privacy Notice

Modern Health Privacy Notice

Effective Date: June 30, 2021.

Modern Life Inc. and its affiliates (“Modern Health”, “we”, “our”) respect your privacy. This Privacy Notice describes the types of information we collect about users (“you, your”) of our mental health and well-being products and services, including, without limitation, your use of www.modernhealth.com, any other Modern Health websites and any mobile applications made available to you by the Modern Health (“Modern Health Service” or “Service”), how we use the information, and with whom we share it. We also describe the rights you may have and how you can contact us about our privacy practices.
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This Privacy Notice does not describe medical and treatment information collected by Providers during coaching or therapy sessions.
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The Service may provide links to third-party websites or services that we think may be of interest to you. Any information you provide to those third-party websites are controlled by those third parties and are subject to their privacy policies. We encourage you to read their privacy policies carefully before giving them your information.
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By accessing or using the Service, you signify that you have read, understood and agree to our collection, storage, use and disclosure of your personal information as described in this Privacy Notice and our Terms of Use. Any capitalized terms that are not defined in this Privacy Notice are defined in the Terms of Use.
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For further information on how we process your information, please use the links below to jump to the listed section:

Information We Collect

How We Use The Information We Collect

How We Share The Information We Collect

Data Transfers

How We Protect Information

Retention of Information

Control Over Your Information

Information of Minors

Users in the European Economic Area

10.

Notice to California Consumers

11.

Updates to Our Privacy Notice

12.

How to Contact Us

Information We Collect

Information you give us when you use the Service:

Creating an account and onboarding. When you create a user account we collect information that enables you to register and onboard to use our products and services, such as your name, company, date of birth, contact information (phone number, email address), location, preferred password, and primary language. To enable us to personalize your experience, provide care options, and design new products and services, we also collect your answers to our well-being assessment as well as information about your preferred areas of focus.

Using the Service. When you use the Service, we collect additional information that you provide to us such as your preferences related to our Providers, your level of commitment to different types of services, your availability for matches to our Providers, your location, your communication preferences (e.g. language, phone number, email), information related to your match with Providers, information related to your participation in our group sessions/webinars (Circles), and information related to scheduling and completing your visits with Providers, such as session date, time, status and attendance. In certain circumstances, we may collect payment information. We also may collect information about your progress in using the Service if you choose to provide such information to us.

Information about your dependents. We also may collect information about any dependents you invite to use the Service, such as your dependents’ names, dates of birth, primary language, email, location, your relationship to the dependents, the types of support requested for your dependents and how you want us to communicate with you about such dependents.

Customer Support, Product Research, and Feedback. When you reach out to us such as to obtain support, give us feedback about the Service and our Providers, or participate in optional satisfaction surveys, product research (including user testing), we may also collect information that you choose to share.

Information we get when you use the Service:

Device Information. We may collect device information such as Internet Protocol (“IP”) addresses, log information, error messages, device type, and unique device identifiers. For example, we collect IP addresses from you when you log into the Service as part of our log-in and security features.

Cookies and Other Technologies:
Modern Health and our service providers may collect data about your use of the Service through the use of cookies, HTML Web Storage, web beacons, and similar technologies. A cookie is a small file placed on your hard drive by some of our web pages. HTML5 local stored objects may store larger amounts of information on your browser. When you access the Service, either through our mobile applications or website, certain information (including computer and connection information, mobile application use, browser type and version, operating system and platform details, and the time of accessing the Service) is automatically collected. We, or third parties we do business with, may use cookies to help us analyze our web page flow, customize the Service, content and advertising, measure promotional effectiveness, and promote trust and safety. This information will be collected every time you access the Service and it will be used for the purposes outlined in this Privacy Notice. You can reduce the information cookies collected from your device by changing your browser settings to notify you when a cookie is being set or updated, or to block cookies altogether. Some browsers also allow you to control local stored objects through your browser settings. More information about how to do this may be found at www.allaboutcookies.org/manage-cookies or in the “Help” section of your browser. If you choose to block cookies (a) your use of the Service may be adversely affected (and possibly entirely prevented) and (b) your experience of this and other websites that use cookies to enhance or personalize your experience may be adversely affected. Web beacons may be used to track the traffic patterns of users from one page to another in order to maximize web traffic flow. If you would like more information about this and to know your choices about not having this information used by these companies, please visit: the Digital Advertising Alliance’s website, https://www.aboutads.info/, or the Network Advertising Initiative’s website, http://networkadvertising.org/consumer/opt_out.asp.

Information We Get From Third Parties
We may also get information about you from other third parties where permitted by applicable law. We may collect information about you from our customers to enable us to validate your eligibility to use the Service, facilitate your use of the Service, provide support to our customers, or to assess outcomes from use of the Service. This information may include your name, work email address, date of birth, gender, race/ethnicity, employee ID number or code (if applicable), employment start and end dates, department, title, job code (if applicable), office location, performance information, health claims data, or survey information about your work satisfaction and related topics. We also may collect information about you from Providers where permitted by applicable law to enable us to match you with a different Provider or to facilitate your continuity of care. We may combine information that we collect from you through the Service with information that we obtain from such third parties and information derived from other products or services we provide. For instance, where permitted by applicable law, we may receive information about you from Providers in order to match you to the appropriate type of care.

How We Use the Information We Collect
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We use the information that we collect:

To register and onboard you for the use of the Service and to further tailor our products and services for your use;

To provide the Service, including to communicate with you regarding any scheduled or available services or to connect you to a provider;

To maintain, manage and secure your access to the Service through our web and mobile apps;

To maintain records relating to your account;

To maintain records relating our customers in order to administer our business;

To manage our relationship with you and with our customers and communicate with you and our customers about new features and services that we may offer;

To respond to inquiries and resolve disputes;

To conduct research such as case studies and academic research;

To carry out analytics, quality control, security processes and similar activities, in order to identify and develop potential improvements to the Service;

To measure your satisfaction with Modern Health Service through surveys, feedback and ratings;

To process payments from you in certain circumstances;

To prevent, detect, and prosecute illegal or fraudulent activity on the Service; and

To develop potential sales and other business opportunities related to our products and services.

How We Share the Information We Collect
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We may share your information for the following reasons:

With service providers that support the delivery of our products and services, such as cloud storage providers; CRM system providers; event tracking and logging providers, system monitoring providers; productivity/collaboration tool providers, data insights, validation and reporting providers; messaging and notification providers; database storage and analytics providers; help desk utility providers; engagement and analytics providers, customer survey providers; calendaring and scheduling providers; payment processors; and video functionality providers.

With third parties for research, actuarial or marketing purposes or to publish academic or policy-related materials consistent with applicable law, such as through aggregation or de-identification, or with your consent.

With Provider(s) when you are matched to Provider(s) for therapy or coaching support.

With other entities in the Modern Health group for the purposes described in this Privacy Notice.

Where you have registered with us for a sales initiative, promotion, or event, we may share your registration information with our event partners and presenters.

If you are accessing the service through an employer (such as single sign-on), they may collect information about your login activity, including whether and when you access Modern Health services. Modern Health does not control the information collection practices of employers or other benefit providers, and you should consult their internal policies and procedures for more information about their information collection practices.

For any other purpose, at your direction or otherwise with your consent.

In addition, we may disclose information about you (i) if we are required or permitted to do so by law or legal process, for example due to a court order or a request from a law enforcement agency, (ii) when we believe disclosure is necessary or appropriate to prevent physical harm, financial loss or other material harm, (iii) in connection with an investigation of suspected or actual fraudulent or other illegal activity, and (iv) in the event we sell or transfer all or a portion of our business or assets (including in the event of a reorganization, dissolution, or liquidation, or the negotiations or diligence regarding such transactions).

We do not plan to share your information with your employer, except for the limited reasons enumerated above.

Data Transfers

a. Transfers by Modern Health
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We may transfer the information that we collect about you to recipients in countries other than the country from which the information originally was collected. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to recipients in other countries, we will comply with applicable legal requirements regarding providing appropriate safeguards for the transfer of personal information to recipients in countries for which the European Commission has not issued an adequacy decision. These safeguards include the European Commission’s Standard Contractual Clauses, copies of which may be obtained by contacting us as indicated in the “How to Contact Us” section of this Privacy Notice.

b. Privacy Shield
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Modern Health complies with the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union, Switzerland, and the United Kingdom to the United States. We recognize that the Privacy Shield Framework no longer can serve as the basis by which entities subject to the GDPR and Federal Act on Data Protection may export personal data to jurisdictions outside the European Economic Area and Switzerland. Modern Health will continue to honor its obligation to comply with the Privacy Shield Principles with respect to data that was transferred pursuant to the EU-U.S. Privacy Shield Framework and Swiss-U.S. Privacy Shield Framework. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov/. As a business subject to the investigatory and enforcement authority of the United States Federal Trade Commission, Modern Health has certified that it adheres to and will abide by the Privacy Shield Principles of Notice, Choice, Accountability for Onward Transfer, Security, Data Integrity and Purpose Limitation, Access, and Recourse, Enforcement, and Liability.

When Modern Health receives personal information under the Privacy Shield and then transfers it to a third-party service provider acting as an agent on its behalf, Modern Health may have certain responsibility under the Privacy Shield if both (i) the agent processes the information in a manner inconsistent with the Privacy Shield and (ii) Modern Health is responsible for the event giving rise to the damage.

Covered individuals should direct any questions, concerns or complaints regarding Modern Health’s compliance with the Privacy Shield to us as described at the bottom of this Privacy Policy. We will attempt to answer your questions and satisfy your concerns as soon as possible. If, after discussing the matter with us, your issue or complaint is not resolved, we have agreed to participate in a Privacy Shield dispute resolution mechanism operated by JAMS, free of charge to you. To file a complaint with JAMS, you can visit https://www.jamsadr.com/eu-us-privacy-shield, but please contact us first. If your complaint still is not resolved through those channels, under limited circumstances, an additional binding arbitration option may be available before a Privacy Shield panel, as described at https://www.privacyshield.gov.

How We Protect Information

Modern Health maintains technical, physical and organizational safeguards to ensure an appropriate level of security and confidentiality for your information, in accordance with our policies and applicable laws. However, no service or online platform is 100% secure. In addition, any unencrypted communications you send to us cannot be protected completely against unauthorized access, nor is Modern Health responsible for unauthorized access to your information when sent to your personal email address. You are responsible for maintaining the security of your devices and online accounts, including by not sharing your password or credentials for the Service with others.

Retention of Information

Information that we collect will be retained in a personally identifiable form for as long as necessary for the purposes described above, after which it will be deleted or maintained in a non-personally identifiable form. We may retain information in order to comply with our legal obligations (such as tax, accounting or health privacy purposes).

Control Over Your Information

How to control your communications preferences. You can stop receiving promotional email communications from us by clicking on the “unsubscribe link” provided in such communications. You can also control some of the mobile notifications you receive from us through the settings on your mobile device and in our mobile application. We make every effort to promptly process all unsubscribe requests. You may not opt out of service-related communications (e.g., account verification, transactional communications, changes/updates to features of the Service, technical and security notices).

Modifying or deleting your information. Subject to applicable law, you may have the right to access, modify or delete your information. If you have any requests or questions about accessing, reviewing, modifying, or deleting your information, you can contact us directly at legal@modernhealth.com. We may not be able to modify or delete your information in all circumstances.

Do Not Track. Your browser settings may allow you to automatically transmit a Do Not Track signal to websites and other online services you visit. We do not alter our practices when we receive a Do Not Track signal from a visitor’s browser. To find out more about Do Not Track, please visit https://www.allaboutdnt.com.

Information of Minors

The Service is not intended to be accessed by minors under the age of eighteen (18) except as authorized by their parents or legal guardian, and we do not knowingly collect any personal information directly from such minors and children without such authorization. If we discover that an individual under 18 has provided us with personal information, we will delete the personal information to the extent required by the Children’s Online Privacy Protection Act.

Users in the European Economic Area

Under the European Union General Data Protection Regulation and/or the United Kingdom Data Protection Act 2018, we are required to provide you certain additional information about our “processing” of “personal data,” as those terms are defined under applicable laws. Modern Life Inc. is considered the “data controller” of the personal data collected from you in accordance with this Privacy Notice, which means that we are responsible for how we collect, use, and disclose information collected by and through the Service. We are also required to tell you about the legal grounds we rely on to use or disclose your “personal data.” To the extent those laws apply, our legal grounds are as follows:

To honor our contractual commitments to you in providing the Service, including to communicate with you regarding any scheduled or available services or to connect you to a Provider.

Consent: Where required by law, and in some other cases, we handle personal data on the basis of your implied or express consent.

Legitimate interests: In many cases, we handle personal data on the ground that it furthers our legitimate interests in ways that are not overridden by the interests or fundamental rights and freedoms of the affected individuals:
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Maintaining records relating to your account, in order to administer our business;

Maintaining records relating to our customers, in order to administer our business;

Managing our relationship with you and with our customers and communicating with you and our customers, in order to administer our business and to provide updates to you and our customers about new features and services that we may offer;

Responding to any complaints and resolving disputes raised by you or our customers;

Carrying out analytics, quality control, security processes and similar activities, in order to provide, identify and develop potential improvements to our services;

Registering and onboarding you for the use of Modern Health Service and further tailoring our products and services for your use;

Managing your access to Modern Health Service through our web and mobile apps;

Measuring your satisfaction with Modern Health Service through surveys, feedback and ratings;

Developing potential sales and other business opportunities related to our product and services;

To prevent, detect, and prosecute illegal or fraudulent activity on the Service.

Legal compliance: We need to use and disclose personal data in certain ways to comply with our legal obligations.

Protection of vital interests: We may process personal data to protect the vital interests of our users or another person.

We also may process certain categories of sensitive personal information related to your health to provide, develop and improve the Service, and to facilitate the provision of services by our Providers. For example, we may use certain information we collect to provide you with care recommendations, facilitate provision of coaching and therapy visits to you, including matching you to an appropriate Provider, manage referral requests, schedule sessions, conduct research, and undertake session invoicing with our Providers.

Individuals in the EEA and the United Kingdom have certain legal rights to obtain confirmation of whether we hold personal data about them, to access personal data we hold about them (including, in some cases, in portable form), and to obtain its correction, update, amendment or deletion in appropriate circumstances. They may also object to our uses or disclosures of personal data, request a restriction on its processing, or withdraw any consent, though such actions typically will not have retroactive effect. They also will not affect our ability to continue processing data in lawful ways (for example, if you opt out of the use of your telephone number for direct marketing, we might still contact you by phone regarding potential fraudulent use of your account). If you wish to exercise these rights, please contact us at the contact information provided below.

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Notice for California Consumers

If you are a California resident, California law requires us to provide you with some additional information regarding how we collect, use, and share your “personal information” (as defined in the California Consumer Privacy Act (“CCPA”)).

Categories of personal information we collect. Throughout this Privacy Notice, we discuss in detail the specific pieces of personal information we collect from and about users. Under the CCPA, we are also required to provide you with the “categories” of personal information we collect. The categories we collect and share for business purposes are:

Identifiers (such as name, address, and email address); commercial information (such as session data or participation in group events); financial data (such as information necessary to process payments); internet or other network or device activity (such as app usage); geolocation information; professional or employment related data,; legally protected classifications (such as gender and marital status); insurance (including health insurance) information, medical information, and other information that identifies or can reasonably associated with you.

How we use and share these categories of personal information. We and our service providers may use and share the categories of personal information we collect from and about you consistent with the various business purposes we discuss throughout this Notice. Please see the relevant section(s) above for more information.

Sale of Personal Information. The California Consumer Privacy Act (CCPA) sets forth certain obligations for businesses that “sell” personal information. Based on the definition of “sell” under the CCPA and under current regulatory guidance, we do not believe we engage in such activity and have not engaged in such activity in the past twelve months. We do share certain information as set forth in How We Share the Information We Collect. and allow third parties to collect certain information about your activity, for example through cookies, as explained in Cookies and Other Technologies. If you are a California resident, you may have certain rights. California law may permit you to request that we:

Provide you the categories of personal information we have collected or disclosed about you in the last twelve months; the categories of sources of such information; the business or commercial purpose for collecting or selling your personal information; and the categories of third parties with whom we shared personal information.

Provide access to and/or a copy of certain information we hold about you.

Delete certain information we have about you.
Opt you out from the sale of information we have about you. As noted above, Modern Health does not sell personal information.

You may have the right to receive information about the financial incentives that we offer to you (if any). You also have the right to not be discriminated against (as provided for in applicable law) for exercising certain of your rights. Certain information may be exempt from such requests under applicable law. For example, we need certain types of information so that we can provide the Service to you and for compliance with applicable law. If you ask us to delete certain information, you may no longer be able to access or use the Service.

California customers may request, once per year, that we disclose the identity of any third parties with whom we have shared personal information for the third parties’ direct marketing purposes within the previous calendar year, along with the type of personal information disclosed.

If you would like to exercise any of these rights, please contact us using the information provided below. You will be required to verify your identity before we fulfill your request. To do so, you will need to provide first name, last name, company and work email address. You can also designate an authorized agent to make a request on your behalf. To do so, you must provide us with written authorization or a power of attorney, signed by you, for the agent to act on your behalf. You will still need to verify your identity directly with us.

11.

Updates To Our Privacy Notice

This Privacy Notice may be updated periodically to reflect changes in our information practices. If we make any significant changes to our Privacy Notice, we will provide you notice via the Modern Health Service, or by other communication channels such as posting a notice on our website or sending you an email. You can see when this Privacy Notice was last updated by checking the “last updated” date displayed at the top of this Privacy Notice. Please review any changes carefully.

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How to Contact Us

If you have questions about how Modern Health handles your information or would like to exercise your rights, please reach out by emailing or writing to us at:

Modern Life Inc.
450 Sansome Street, Fl. 12, San Francisco, CA 94111
Email: legal@modernhealth.com