OS Health — Privacy Policy

At OS Health, LLC (“OS Health”, “we”, “us”, “our”), we respect your privacy and are committed to ensuring that you have the information you need about how we collect or process information.

This Privacy Policy (“Privacy Policy”) describes the types of information that we may collect from or about the visitors to and users of our website at http://oshealth.coach/ (the “Site”), our fitness/exercise mobile application software and its associated data, information, application programming interfaces, and documentation (“App”), (collectively, the “Service”), as well as our practices for collecting, using, maintaining, protecting, and disclosing that information.

Your use of this Site and/or the Service is also subject to our Terms of Use and (if applicable) any other service agreement that we have effected with you which incorporates this Privacy Policy by reference (such as the OS Health Beta Test Terms) (“Terms”). Any terms we use in this Privacy Policy, unless otherwise defined, have the definitions given in the Terms. Please read this Privacy Policy carefully before using the Service. To use or access our Service, you must accept the practices and policies outlined in this Privacy Policy and the Terms. IF YOU DO NOT AGREE WITH THIS PRIVACY POLICY, DO NOT ACCESS THE APP OR ANY OTHER FEATURES OF OUR SERVICE.

We reserve the right to make changes to this Privacy Policy at any time and for any reason. Modifications will be effective as of the “Last Updated” date. We will alert you to material changes in accordance with applicable law and using such methods as we deem reasonable, such as by placing a notice on this page, by sending you an email, (for App users) sending a push notification to your device through the App, and/or obtaining your consent regarding such changes. You are encouraged to periodically review this Privacy Policy. Your continued use of the Service after following changes to this Privacy Policy constitutes your acceptance of the Privacy Policy as modified.

Information that We Collect

When you interact with our Service, we may process information about you that alone or in combination with other information could be used to identify you (“Personal Data”). The specific information that we collect from or about you depends on the context of your interactions with us and our Service, the choices you make, and the products and features that you use. The general categories of the information that we collect are provided below:

Account Information: If you register for an account for our Service, we collect information including your name, email address, general location information (country/zip code), username and password, date of birth, and sex.

Fitness and Activity Information: Certain features of our Service allow you to voluntarily share free-text health information about your fitness levels, goals, and activities, such as (without limitation), body measurements, lifestyle information, and information related to your physiological conditions. In connection with the foregoing, OS Health may also process inferred health signals, derived preferences and traits, recommendation and safety records, activity/outcome history, and similar health information.

Communications: If you communicate with us, for example, through emails, chats, or support channels and forums, we may collect your name, contact information, and any details included in the communications you send to us. Additionally, we may offer the ability to subscribe to the Service and to receive updates about the Service via e-mail. To subscribe, you may be required to provide us with Personal Data such as your name and e-mail address.

Social Media Interactions: We maintain social media accounts on platforms like Instagram, Facebook, Medium, Twitter, Substack, YouTube, and LinkedIn (“Social Media Profiles”). When you interact with our Social Media Profiles, we may collect Personal Data that you elect to provide to us, such as your contact details. In addition, the companies that host our Social Media Profiles may provide us with aggregate information and analytics regarding how users interact with our Social Media Profiles. Note that content provided for and posted in these channels, including by you, is public and the information you provide is subject to the policies and notices of the third parties that make such channels available.

Automatically Collected Information: When you visit, use, and interact with the Service, we automatically collect data about those visits, uses, or interactions. In the case of users of our Site, we may use analytics service providers, including Google Analytics, to collect information regarding visitors, such as their behavior on our Site. For more information about Google Analytics, see https://www.google.com/policies/privacy/partners/. Website users may opt out of Google Analytics by visiting https://tools.google.com/dlpage/gaoptout. Information collected may depend on the type of device you use and its settings; however, the types of information that we collect from users of the Site include the following:

Usage and Engagement Data: Metadata about your activities on and use of the Site, such as the types of content that you view or engage with, the features you use, and the actions you take, as well as your time zone, country, the dates and times of access, user agent and version, type of computer or mobile device, computer connection, your IP address.

Log Data: Information that your browser automatically sends whenever you visit our Site, such as your IP address, browser type and settings, the date and time of your request, and how you interacted with our Site.

Device Information: Name and model of your device, the operating system used, and (if you access the Site via a web browser) the browser that you are using.

Note that we may also use information about you to create and use anonymous, statistical, or aggregated data. Such aggregated data does not allow any party to identify you or any other specific user, and is not Personal Data subject to this Privacy Policy.

Where We Collect Information

This Privacy Policy applies to the information we collect about you:

On the Site where this Privacy Policy is posted;

In your correspondence with us (including any of our representatives) via email, text, social media, chat, and other channels for electronic messages or communications.

By interacting with or using our App or other features of our Service.

Note that this Privacy Policy does not apply to the third party online/mobile store (such as the Apple App Store or the Google Play Store) from which you install the App or make payments, Personal Data collected in other apps or websites (including third-party websites you may access through the App), or Personal Data collected by any third party. These third parties have their own privacy policies, which we encourage you to read prior to providing Personal Data on or through them.

Your Responsibilities

You acknowledge and agree that you, not OS Health, are solely responsible for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Personal Data that you submit, and for ensuring that any Personal Data that you provide is kept up to date for the purposes for which you provide it. Additionally, you are responsible for verifying the accuracy of the Personal Data you submit (or that is submitted on your behalf) to the Service and ensuring that any Personal Data that you provide (directly or indirectly) is kept up to date for the purposes for which you provide it. Inaccurate information may affect your ability to use the Service, the information you receive when using the Service, and our ability to contact you.

Some Personal Data that you submit can be removed at any time upon your request. Note, however, that some Personal Data is necessary to use our Service. Additionally even if you remove all Personal Data from your account, we may retain some of your Personal Data to comply with our legal obligations or as necessary to provide the Service to you.

How We Use the Information Collected

OS Health uses Personal Data we collect for the following purposes, in each case to the extent permitted by applicable law:

To provide, administer, and maintain the features in our Service (such as by generating and personalizing daily recommendations for users of our App; maintaining health signals and preferences over time; safety screening; and administering/authenticating user accounts);

To provide you with information or services that you request from us;

To communicate with you about your interactions with our Service;

To mitigate and/or prevent fraud, criminal activity, or misuse of our Service, and to ensure the security of our Service (including the IT systems, architecture, and networks used to provide the Service);

To carry out our obligations and enforce our rights arising from any contracts entered into between you and us;

To notify you about changes to our Service;

To enable third parties to provide services to us in connection with another business purpose, including maintaining or servicing accounts, verifying customer information, processing payments, providing storage, or similar services; and

For any other purpose with your consent.

We may also retain and use your information in connection with potential legal claims, and for compliance, regulatory and auditing purposes. For example, we retain information where we are required by law, or if we are compelled to do so by a court order or regulatory body. In exceptional cases, we may also process your Personal Data to protect your vital interests or as further required for the public good.

We store Personal Data for as long as you use our Service or as may be necessary to fulfill the purposes for which the information was collected, provide our Service, resolve disputes or establish legal defenses, enforce our Terms or other agreements, engage in audits, protect our Service, prevent fraud, comply with the law, or for legitimate business purposes.

We also use Personal Data to create de-identified, aggregated information such as information about demographics, de-identified location information, information about devices used to access our Service, and de-identified, aggregated information on uses of our Service. We use the aggregated information to analyze the effectiveness of our Service, to improve and add features to our Service, and for other similar purposes. From time to time, we may also analyze the general behavior and characteristics of users of our Service and share aggregated information like general user statistics, publish such aggregated information or make such aggregated information available to third parties. We may collect such aggregated information through cookies and through other means described in this Privacy Policy.

How We Disclose or Share Personal Data

Your Personal Data will only be shared or disclosed as required to provide the Service to you, as specified below, with your consent, or as otherwise permitted by law. As such, we may share or disclose your Personal Data in an identifiable form as provided below:

Third-Party Vendors and Service Providers. To assist us in providing our Service, we retain service providers to perform tasks on our behalf, at our instruction, and subject to the terms of a written agreement detailing how Personal Data will be processed. We may need to share your Personal Data with them to provide products or services to you.

Social Media Contacts. If you choose to interact with OS Health’s Social Media Pages or accounts, we may process Personal Data such as your screen name, profile photo, and other Personal Data associated with that interaction as available on the applicable social media platform.

During a Change to OS Health’s Business. If OS Health engages in a merger, acquisition, bankruptcy, dissolution, reorganization, sale of some or all of OS Health’s assets or stock, financing, public offering of securities, acquisition of all or a portion of our business, we may share and/or transfer Personal Data in connection with the evaluation of and entry into such transactions. In such cases, Personal Data could also be one of the assets transferred to or acquired by a third party.

Legal Requirements. We will share Personal Data as required by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, including to meet national security or law enforcement requirements, (ii) protect and defend our rights or property, (iii) prevent fraud, (iv) act in urgent circumstances to protect the personal safety of users of the Service, or the public, or (v) protect against legal liability.

Law Enforcement and Regulators. If we receive a request for information, we may disclose other information if we reasonably believe disclosure is in accordance with or required by any applicable law, regulation or legal process.

To Enforce Our Rights, Prevent Fraud, and for Safety. We reserve the right to access, read, preserve, and disclose any information that we reasonably believe is necessary to comply with law or court order; enforce or apply our Terms and other agreements; to protect the rights, property, or safety of our company, our employees, our users, or others; or in connection with investigating and preventing illegal activity, fraud, or security issues, including to prevent death or imminent bodily harm.

With Consent. We may offer features or promotions that involve sharing your information with a third party or with other users of our Service. If you request or agree to have your information shared with a third party as part of a feature or the Service, we will share that information with your consent.

Cookies

We use a variety of online analytics products that automatically deploy cookies, pixel tags, local storage, and other technologies to collect information through our Service in order to help us with analyzing how users use our Site(s) and other Service. A “cookie” is a piece of data sent to your browser by a website you visit. Depending on the type of information collected, cookies may constitute Personal Data. Depending on your device specifications and settings, you may be able to configure your browser to accept all cookies, to reject all cookies, or to notify you whenever a cookie is offered so that you can decide each time whether to accept it. Note that refusing a cookie may in some cases preclude you from using, or negatively affect the display or function of, a website or certain areas or features of a website.

Our use of cookies and other automatic technologies falls into the following categories:

Strictly Necessary: Technologies that allow you to access our Service and use our features, and tools that help us identify irregular site behavior and prevent fraudulent activity or improve security.

Functionality: Technologies that collect information about your use of our Service, including measuring, understanding, and reporting on your usage of the Service. We may use these cookies to measure the effectiveness of that content, including information about what content was shown, how often or how long it was shown, when and where it was shown, and what actions, if any, you took on the content.

Performance: Technologies that store information or provide access to information that is already stored on your device, such whether you have logged into our Service previously.

Your browser may offer you a “Do Not Track” option with respect to cookies and other scripts for collecting Personal Data (such as Global Privacy Control); this option allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish to permit operators to use cookies to track certain of your online activities over time and across different websites. At this time, however, we do not use targeted advertising or behavioral retargeting cookies; as such, the Service does not currently respond to Do-Not-Track signals.

Opt-Outs

You may opt out of providing certain Personal Data to us by following the instructions below:

Opting Out of Communications: If you no longer wish to receive electronic communications from us, click the unsubscribe link at the bottom of the email or follow opt-out instructions provided in our other communication channels. Your request may not be processed immediately, depending on the volume of existing requests and other factors at the time that your request is submitted. We process requests to be placed on do-not-mail and do-not-call lists as required by applicable law. You may continue to receive some communications from us during the processing period. Please note that even if you opt out of receiving e-mails from OS Health, you may still receive relationship e-mails from us, including responses to e-mails that you sent to us prior to opting out, notices of updates or changes to our policies and procedures, or other messages relating to your account or your use of the Service.

Opting Out of Cookies: You may stop or restrict the placement of cookies on your device or remove them as your browser or device permits.

Mobile Device Access: To enable certain functions within the App, we may request access or permission to certain features from your mobile device, including your mobile device’s calendar, camera, contacts, microphone, reminders, SMS messages, storage, and other features. If you wish to change our access or permissions, you may do so in your device’s settings.

Updating Your Account Information: At any time, you may review or change your Personal Data in your account by viewing your account settings within the Service or by contacting us using the contact information provided below. The information you can view, update, and delete may change as the Service change.

If you have any questions about viewing or updating information we have on file about you, please contact us as described below.

Third-Party Websites

We may offer links to third-party websites or services, which are not controlled by us and not subject to the protections laid out in this Privacy Policy. We do not endorse nor approve any third-party website, and we encourage our users to read the privacy policy of each service with which they interact.

Additionally, you may be provided with the opportunity to connect your account on our Service to other user accounts that you have created and/or maintain on platforms and services offered by third parties (“Third-Party Account”). For example, users may connect their accounts on the App to certain Apple products (such as Apple Health/HealthKit) to enable the App to account for sleep data (including stages), workouts, and resting heart rate when making recommendations to you. By connecting your account to any Third-Party Accounts, you consent to the release of information about you to those third parties, and from those third parties to OS Health in accordance with your privacy settings on those third-party sites. If you do not want your Personal Data,to be shared in this manner, do not use this feature.

If you wish to disconnect your account on the Service from your Third-Party Account, please contact [email protected]. Note that if you choose to disconnect your account on our Service from third-party platforms, we may no longer be able to provide the Service to you and functions relating to the integration of that third-party platform.

Information Security

We take commercially reasonable and appropriate measures to help us in protecting the Personal Data that we collect from unauthorized access, use, disclosure, alteration, or destruction. Data that we collect is encrypted, both in transit, when being communicated across different services, and at rest, when stored in our databases. We use industry-standard encryption and key storage protocols.

Note, however, that no data transmission or storage system is guaranteed to be 100% secure. As such, we are unable to guarantee the security of your Personal Data. Unauthorized entry or use, hardware or software failure, and other factors, may compromise the security of user information at any time.

You are advised to prevent unauthorized access to your Personal Data and other account details by selecting and protecting your password appropriately and limiting access to your computer or device and browser by signing off after you have finished accessing your account. You should use caution whenever submitting information online and take special care in deciding which information you provide.

No Users Under the Age of 18

We do not knowingly collect nor solicit Personal Data from anyone under the age of 18. If you are under 18, you are not permitted to register for the Service, and we ask that you do not send any Personal Data about yourself to us. If we learn that we have collected Personal Data from a child under the age of 18, we will delete that information as quickly as possible.

International/State Data Privacy Laws

As of the “Last Updated” date indicated on this page, OS Health is subject to the Washington State My Health My Data Act (“MHMDA”), but is not subject to the General Data Protection Regulation of the EU or the UK, nor to the other state-level data privacy laws in the United States.

For users who reside in the state of Washington and who are subject to the MHMDA, we have implemented certain practices to provide you with control over any Personal Data that constitutes “Consumer Health Data” under the MHMDA. Please refer to our Consumer Health Data Privacy Notice for more information. If you are not a data subject entitled to rights under the MHMDA, the provisions in our Consumer Health Data Privacy Notice do not apply to you.

If you use our Service from outside of the U.S., note that we are located in the United States and transfer your Personal Data for processing in the United States. As such, we and those that perform work for us may transfer your Personal Data to, or store or access it in, the United States and other jurisdictions that may not provide levels of data protection that are equivalent to those of your home jurisdiction.

For assistance with or information about how we process your Personal Data, you may contact us at [email protected].

Information Retention

How long we retain your Personal Data depends on the type of Personal Data and purpose for which we collected the Personal Data from you. We will retain your Personal Data for the period necessary to fulfill the purposes outlined in the Privacy Policy unless a longer retention period is required or permitted by law.

Upon the effective date of termination of your account by OS Health or you, we will deactivate your account from our active databases. We will also retain Personal Data in our files to comply with applicable laws and our legal obligations, which may include obligations to prevent fraud, troubleshoot problems, assist with any investigations, enforce our Terms and/or comply with legal requirements.

Contact Us

If you have questions or comments about this Privacy Policy, please contact us at [email protected].