Effective Date: June 30, 2021
Last Updated: June 6, 2022
Modern Life Inc. and its affiliates (“Modern Health”, “we”, “our”, “us”) respect your privacy. This Privacy Notice describes the types of information we collect about users (“user”, “you”, your”) of our products and services, including, without limitation, your use of www.modernhealth.com, any other Modern Health websites or mobile applications made available to you by Modern Health or other components which hyperlink to this Privacy Notice, (the “Service(s)”), 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.
1. When this Privacy Notice Applies
This Privacy Notice applies to your “Personal Information,” which includes information that may identify you, and that we collect or which is derived from your interactions with our Services. Examples of Personal Information may include your name, your address, or an online identifier that could identify you (such as an IP address). Depending on where you live, Personal Information may have a different definition according to the local privacy laws in your area. This Privacy Notice applies to all types of Personal Information as defined by the local privacy laws that apply to you.
This Privacy Notice does not apply to:
2. Types of Personal Information We Collect
We collect and generate different types of Personal Information depending on how you use or interact with our Services. The categories and sources of Personal Information we collect and generate about you may include:
Types of Users
Based on the type of user you are, and which components of our Services you utilize, we may also collect additional types of Personal Information such as:
Personal Information Obtained From Third Parties
We may also get Personal Information about you from other third parties where permitted by applicable law. For example, we may receive Personal Information about you from our customers (who may be your employer) to enable us to validate your eligibility to use the Service. This information may include your name, work email address, postal code, 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 receive Personal Information from Providers to enable us to match you with a different Provider or to facilitate your continuity of care. We may combine information that is obtained from your use of the Services with information obtained from such third parties in order to provide you with more personalized Services.
3. How We Use Personal Information
Depending on what Services you use and how you interact with us, we may use your Personal Information in the following ways. If you live in certain jurisdictions (including but not limited to the European Union), we may not process your Personal Information unless you first provide us with your consent to do so.
4. How We Share Personal Information
We may share your Personal Information to the following parties, and for the following reasons, in accordance with applicable law:
5. International Data Transfers
Modern Health is a U.S. based company, and therefore we may transfer your Personal Information outside of the country in which you reside in order to provide you with the Service. We may also engage global service providers to assist us in providing you with the Service. Those countries may not have the same data protection laws as your resident country. If we transfer your Personal Information, we will comply with applicable legal requirements regarding providing appropriate safeguards for the transfer of Personal Information, ( e.g., standard contractual clauses, data transfer agreements) to protect your Personal Information in accordance with this Privacy Notice.
6. How We Protect Personal Information
Modern Health maintains technical, physical and organizational safeguards to ensure an appropriate level of security and confidentiality for your Personal 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 Personal Information when sent to your personal email address, upon your request. 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.
Within our organization, only those personnel for whom access is necessary due to their role, task or function will be granted access to your Personal Information.
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.
7. Retention of Personal 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). If you have any questions about applicable retention periods, please contact us.
Online components of our Services are not directed to children under the age of thirteen (13), and we do not knowingly collect Personal Information via online Services from children under the age of 13. Some Services can be provided to those under thirteen but this is handled outside of our online Services (e.g., by phone) and therefore electronic information for children under the age of 13 is not available. If you think that we have collected Personal Information via an online Service from a child under the age of 13, please contact us.
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.
9. Legal Basis for Processing
Modern Health will only use or process your Personal Information if the use or processing is permitted by applicable privacy laws in your jurisdiction. This is sometimes referred to as having a “legal basis” to use your Personal Information. The legal basis we may rely on to process your Personal Information may include:
10. Data Subject Rights
You have control over your Personal Information, as described in more detail below. For example, you may request access to or deletion of your Personal Information by contacting us.
We will handle any request in accordance with applicable law. Note that privacy rights may not be absolute. We may refuse or deny a request in accordance with applicable privacy laws.
With respect to your Personal Information, you may:
How to control your communications preferences
In 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).
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 Services, or by other communication channels such as posting a notice on our website or sending you an email. In the event that we use your Personal Information for other purposes not specified in this Privacy Notice, we will notify you. 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. We encourage you to periodically review this Privacy Notice for the latest information on our privacy practices.
12. How to Contact Us
If you have questions about this Privacy Notice, our information practices, or how Modern Health handles your information, or if you would like to exercise your rights, please reach out by emailing or writing to us at:
Modern Life Inc.
650 California Street, Floor 7, Office 07-128, San Francisco, CA 94108
13. Notice for California Consumers
To the extent you are a California resident and your “Personal Information” is subject to the CCPA, this Section applies to our collection and use of Personal Information, as required by the California Consumer Privacy Act of 2018 and its implementing regulations (the “CCPA”). When we use the term “Personal Information” in the context of the CCPA, we mean information that identifies, relates to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California consumer or household.
Throughout this Privacy Notice, we discuss in detail the specific Types 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 collected and disclosed within the past twelve (12) months for a business purpose:
We obtain the above listed categories of Personal Information from the following sources (in addition to directly from users), as identified in this Privacy Notice:
We disclose the above listed categories of Personal Information to the following categories of third parties, as described in How We Share Personal Information.
We collect and disclose the above listed categories of Personal Information for the business purposes, as described in How We Use Personal Information.
Sale of Personal Information
In the last twelve (12) months, we have not sold any Personal Information of California Consumers. The CCPA defines “sale” as: selling, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s Personal Information to another business or third party for monetary or valuable consideration.
If we ever do sell your Personal Information, we will notify you, and if you submit to us a verifiable consumer request using the contact information in Section 12 above, we will disclose to you a list containing the categories of Personal Information that we sold in accordance with the CCPA’s requirements.
California Privacy Rights
California residents may exercise certain CCPA privacy rights with respect to their Personal Information:
How to Exercise Your California Rights
If you are a California resident and would like to exercise any of your rights listed above, please contact us. You may also designate an authorized agent to make a request to exercise your rights on your behalf. In order to do so, you must contact us.
While we take measures to ensure that those responsible for receiving and responding to your request are informed of your rights and how to help you exercise those rights, when contacting us to exercise your rights, we ask you to please adhere to the following guidelines:
Please note that you do not need to create an account with us in order to make a request to exercise your rights hereunder.
How We Respond to Your Requests
In all cases, we will respond to your request within ten (10) days to confirm receipt of your request and provide you with information about how we will process your request. Then we will respond substantively to your request within forty-five (45) days. However, where reasonably necessary, we may extend our response time by an additional forty-five (45) days, provided we send you notice of such extension first. We will provide the information to you via your preferred delivery mechanism. If the information is provided to you electronically, we will provide you the information in a portable format and, to the extent technically feasible, in a machine readable, readily useable format that allows you to freely transmit this information without hindrance.
Please note that we will not charge you for making a request, provided that you make no more than two (2) requests per year. If you make three (3) or more requests in any given twelve (12) month period, we may refuse to respond to such requests, if determined by us to be unfounded or excessive (e.g., repetitive in nature), or we may charge a reasonable fee taking into account the administrative costs of providing the information or communication or taking the action requested. If we refuse to act on the request, we will provide you notice and the reason for our refusal to act.
Contacting the California Attorney General
The CCPA gives California Consumers the right to lodge a complaint with the California Attorney General’s office. The Attorney General’s office may be contacted at https://oag.ca.gov/contact/consumer-complaint-against-business-or-company or by telephone at: (916) 210-6276.
We encourage you to reach out to us first, however, so that we may help resolve any complaints you may have.