Last Update: November 13, 2018   

PRIVACY POLICY

Tivity Health, Inc. ® (“Tivity”) is the licensor to this App (the “App”). Tivity and its subsidiaries are referred to as “We,” “Us,” or “Our.” “You” or “Your” refers to any user of this App. These pages contain the Privacy Policy (“Policy”) that govern Your use of the App.

PLEASE READ THIS PRIVACY POLICY CAREFULLY BEFORE USING THIS APP.

By using this App, You signify Your agreement to be bound by the terms of this Policy. If You do not agree to all of the terms and conditions of this Policy, do not use the App! From time to time, We may revise this Policy. Any revisions will be effective when We post the revised Policy on the App. You should regularly review this Policy whenever You use the App.

PRIVACY.

The Information We Collect. When You use this App, We may collect certain information from You, including Personal Information and Non-Personal Information. This Policy applies only to information collected or provided to Us through the App and not to any information that We collect or You provide us otherwise. Personal Information is information that individually identifies You, such as Your name, address, email address or telephone number. If You do not want Us to use Your Personal Information, You should not submit any Personal Information to Us via the App. Non-Personal Information is information from which Your identity is not readily identifiable and may include Your internet protocol (or “IP”) address or operating system, any content that You access while using the App, and the date and time of such access. Non-Personal Information is usually collected automatically through Your use of the App.

Location Based Services.  To provide location-based services to You through the App, We and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your device. Where available, location-based services may use GPS, Bluetooth, and your IP Address, along with crowd-sourced Wi-Fi hotspot and cell tower locations, and other technologies to determine your devices’ approximate location. Location data is collected and is used by Us and Our partners and licensees to provide and improve location-based products and services.

How We Use the Information We Collect. We may use the information You share with Us in the following ways:

  • administer Your account;
  • provide You with access to particular tools and services;
  • respond to Your inquiries and send You administrative communications;
  • obtain Your feedback on Our App and Our offerings;
  • statistically analyze user behavior and activity;
  • provide You and people with similar demographic characteristics and interests with more relevant content and advertisements;
  • conduct research and measurement activities;
  • send You app-based (push) notifications, personalized emails or secure electronic messages pertaining to Your health interests, including news, announcements, reminders and opportunities from Tivity or
  • send You relevant offers and informational materials on behalf of Our sponsors pertaining to Your health interests.

We may combine Personal and Non-Personal Information We collect about You and We may combine this information with information from other sources.

User Submissions and Testimonials. You may be provided an opportunity to submit content or feedback, including testimonials (“Your Input”) to Us via this App. Your Input may be publicly shared; do not provide Us with Your Input if You consider it confidential or do not want that information shared publicly. We may retain Your Input. By submitting Your Input to Us You (a) grant Us all right, title and interest, including all intellectual property rights, in and to Your Input; (b) certify that any person pictured in the Your Input (or, if a minor, his/her parent/legal guardian) authorizes Tivity to use, copy, print, display, reproduce, modify, publish, post, transmit and distribute any material included with Your Input; and (c) You agree to indemnify Tivity and its affiliates, directors, officers and employees and hold them harmless from any and all claims and expenses, including attorneys’ fees, arising from the media and/or Your failure to comply with these the terms described in this Policy.

Who We share the information with. We may share or transfer information We collect on this App with other companies or businesses that We acquire, are acquired by, merge or partner with. In the event of any of these transactions, information collected through this App may be among the assets that are shared or transferred. In the course of doing business, We may contract with third parties to support our activities and We may provide them limited access to Your information as they provide Us with support and assistance with technology, services (including without limitation payment and other financial services), data analysis, research, advertising and marketing assistance and/or content in connection with our business and this App, including maintaining and managing Our end-user information. We may also determine We need to share Your information with law enforcement to (a) protect the personal safety or property of Our users or the public; (b) comply with the law or with legal process; (c) protect against misuse or unauthorized use of the App; or (d) protect and defend Our rights and property. We may also share or transfer information We collect on this App to Your health plan and/or employer.

Encryption Technology. This App incorporates safeguards to protect the security, integrity and privacy of the information We collect, including Secure Socket Layer encryption technology and MD5 encryption algorithm to store passwords. Encryption technology, however, does not absolutely guarantee the privacy of user information disclosed to Us through this App.

Security. While We pride ourselves on applying reasonable steps to protect information that You disclose to Us on this App, We don’t guarantee the security of information You give to Us through this App. We aren’t perfect and security measures We apply could be penetrated and Your information may then be subject to unauthorized or accidental access, disclosure, misuse or processing, altered, destroyed or lost.

Retention of Information. If You provide information through this App, it becomes a part of Our database and We cannot promise You that We will delete it from Our database, even if You ask Us to.

Notices. Any notice to Us shall be given in writing and sent by certified and/or registered mail to 701 Cool Springs Blvd., Franklin, Tennessee 37067, Attn: General Counsel.