PRIVACY POLICY

Last Updated: August 22, 2024

This Privacy Policy is designed to inform users of how Workit Health, Inc. (“Workit Health”, “we”, “us”, or “our”) and its affiliates gather and use personal information collected by us on or through our Service. For purposes of this Privacy Policy, the “Service” includes: (1) the websites owned or operated by Workit Health or its affiliates, subsidiaries, or related companies, now, or in the future including, but not limited to, www.workithealth.com and app.workithealth.com (collectively, the “Site”); (2) the Workit Health mobile application (the “App”); and (3) Workit Health’s subdomains and all related services and products provided in connection with the App or Site. 

1. INTRODUCTION

By using the Service, you accept and hereby expressly consent to the terms of this Privacy Policy and to our use and processing of Personal Information (as defined hereunder) for the purposes set forth herein. “You” or “your” or similar terms refer to you as a user of our Service. By accepting our Privacy Policy during registration, or by using the Service, you expressly consent to our collection, use, disclosure, storage, and processing of your Personal Information (as defined below) in accordance with this Privacy Policy.

2. INFORMATION COVERED BY THIS PRIVACY POLICY

This Privacy Policy covers how Workit Health treats your personally identifiable information that could be used to identify you (“Personal Information”) that Workit Health collects, receives, maintains, stores, or transmits including, but not limited to, information you transmit or submit in connection with your use of, or interaction with, the Service. Your Personal Information includes, but is not limited to, information that individually identifies you or is information about you that can be traced back to you, your IP address, or your location. It may include, but is not limited to, your name, address, email address, phone number, other contact information, and any information you choose to share via the Service.

3. INFORMATION COLLECTED BY THE SERVICE

Workit Health collects Personal Information that you choose to provide to us, including any Personal Information you provide in connection with your use of the Service, regardless of how you provide it. It is always your choice whether or not to provide us with your Personal Information. If you choose not to provide Personal Information, you may not be able to use certain features or functions of the Service. Whenever you use the Service, Workit Health also receives and records information on our server logs from your browser, including your IP address, Workit Health’s cookie information, and the pages you request, and relates it to the Personal Information you provide.

Examples of how and why Workit Health collects Personal Information include:

Cookies, Web Beacons, Research and Analytics, and Other Tracking Technologies

We use technologies to automatically or passively store or collect certain information when you visit or interact with the Service. These technologies include “cookies” and “web beacons” (and subsequent technologies and methods later developed which perform a similar function), which are used to collect and store usage information regarding your use of the Service. We use this information for a variety of purposes, including, but not limited to, assessing the performance of, or enhancing your experience with, the Service.

Disabling Cookies

You may set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. Please refer to your browser “Help” instructions to learn more about cookies and other technologies and how to manage their use. If you elect to refuse or delete cookies, you will need to repeat this process if you use another device or change browsers. The Network Advertising Initiative provides instructions and information on how to opt out of communications: http://www.networkadvertising.org/choices/. You can use your browser settings to decide whether to turn on and off cookies for our Service. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe’s website. If you disable or refuse cookies, please note that some of the Service may be inaccessible or not function properly.

Analytics Tools

We also use analytics tools including Google Analytics and Facebook Pixel to better understand how visitors interact with our Service. These tools provide anonymous information, including, but not limited to, data on where visitors came from, what actions they took while interacting with the Service, and where visitors went when they ceased interacting with the Service. 

Google Analytics

We may use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Service. Google Analytics uses cookies to analyze how users use the Service. You can find out more about how Google uses data by visiting the following website: www.google.com/policies/privacy/partners/. We may also use Google Analytics Advertising Features or other advertising networks to provide you with interest-based advertising based on your online activity. 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.

Facebook Pixel

We may use Facebook Pixel, a web analytics and advertising service provided by Facebook Inc. (“Facebook”) with our Service. The Facebook Pixel service uses cookies, pixel tags and other storage and tracking technology to collect or receive information from our Service based on your usage activity. Facebook uses that information to provide us with marketing and advertising services, including targeted ads, and reports that help us measure the effectiveness of our ads. Using this service, we can keep track of what users do after they see or click on a Facebook advertisement, keep track of users who access our Service or advertisements from different devices, and better provide advertisements to our target audiences. The data from Facebook Pixel is also saved and processed by Facebook. Facebook can connect this data with your Facebook account and use it for its own and others advertising purposes, in accordance with Facebook’s Data Policy found at https://www.facebook.com/about/privacy/. Please click here if you would like to withdraw your consent for use of your data with Facebook Pixel https://www.facebook.com/settings/?tab=ads#_=_. 

Other Tools

There may be other tracking technologies now and later devised and used by us in connection with the Service. Further, third parties may use tracking technologies with our Service. We do not control these tracking technologies, and we are not responsible for them. However, you consent to potentially encountering third party tracking technologies in connection with your use of the Service and accept that this Privacy Policy does not apply to the tracking technologies or practices of such third parties. In such cases, you must check with the third party to confirm how your information is collected and used.

California Do Not Track Disclosure

We currently do not support the Do Not Track browser setting or respond to Do Not Track signals. Do Not Track (or DNT) is a preference you can set in your browser to let the websites you visit know that you do not want it collecting certain information about you. 

4. HOW WE USE AND DISCLOSE YOUR PERSONAL INFORMATION

In general, we will not rent or sell your Personal Information. Also, we will not share your Personal Information with other people or non-affiliated companies except in connection with providing the Service, when we otherwise have your permission, as permitted or required by the NPP, or as expressly permitted or required under this Privacy Policy, including under the following general circumstances.

Using Your Personal Information

We, or a third party on our behalf, use information we collect on the Service in a variety of ways in providing the Service and operating our business, including, but not limited to, the following:

• providing you with the Service;
• providing you with services and information that you request;
• verifying your identity;
• personalizing your experience with the Service;
• processing payment card transactions;
• performing engagement and outreach activities and call monitoring;
• providing you with information about other goods and services we offer that are similar to those that you have already signed up for or inquired about;
• notifying you about changes to the Service, the Terms, and/or this Privacy Policy;
• operating, maintaining, and improving our Service and improving the content and functionality of the Service;
• administering the Service and for internal operations, including troubleshooting, data analysis, product and functionality development, patient experience, peer review, quality control and assurance, understanding and analyzing usage trends and user preferences, support, testing, research, statistical and survey purposes, responding to law enforcement requests as required by applicable law, investigating and defending ourselves against any claims or allegations, pursue business development opportunities including, but not limited to, evaluating or conducting a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of Workit Health’s assets;
• responding to user submissions, comments, and questions;
• creating de-identified datasets, to the extent permitted by applicable law;
• creating aggregated datasets, to the extent permitted by applicable law;
• protecting the personal safety of users of the Service and defending and protecting our rights, property, employees, customers or patients;
• keeping our Service safe and secure; 
• developing, displaying and tracking content and advertising tailored to your interests on our Service and other sites, including providing our advertising to you when you visit other websites or applications;
• providing services as a business associate on behalf of, or to facilitate the services of, the Workit Health Clinic including, but not limited to, disseminating the NPP, providing you with certain communications via email, text messages, or other means that contain PHI, and sending you appointment reminders; and
• rendering any services, provide information, or for any other use permitted by applicable law including for research purposes. 

Disclosing Your Personal Information

Except as described in this Privacy Policy, we will not disclose Personal Information that we collect on the Service to third parties without your consent. However, we may disclose Personal Information to third parties if you consent to us doing so and, to the fullest extent permitted by law, for the following reasons:

• we may disclose your Personal Information to the Workit Health Clinic or other providers for treatment, payment processing, or operational purposes;  
• we may disclose your Personal Information to other Work Health Clinic patients attending group visits (Shared Medical Appointments, group-based counseling, and other group-based encounters) as appropriate for your treatment and care; 
• we may disclose your Personal Information to your insurance company, health plan, employer, sponsor, or third-party administrator for purposes of billing and payment for our Service;
• we may share your Personal Information with certain third parties to provide the Service to you on our behalf under confidentiality agreements, including, but not limited to, our third-party service providers such as website, application development, cloud hosting, maintenance, payment processors, and analytics service providers; 
• we may be required to disclose your Personal Information in response to a legal process, for example, in response to a court order or a subpoena to comply with its applicable legal and regulatory reporting requirements; 
• we may disclose your Personal Information in response to a law enforcement agency’s request, or where it is necessary to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of the Terms, to verify or enforce compliance with applicable laws, or as otherwise required or permitted by law, and to take precautions against liability and to protect our property or other legal rights;
• we may transfer your Personal Information to an entity or individual that acquires, buys, or merges with Workit Health, or our other business units, including during the course of any due diligence process to explore such a transaction, or to explore and complete a divestiture, restructuring, reorganization, dissolution, bankruptcy, or change of control or ownership or sale of its assets (whether in whole or in part);
• we may license, sell or otherwise share de-identified, aggregated, or non-aggregated versions of your Personal Information with institutional clients, partners, investors and contractors for any purposes related to our marketing, business, and/or research practices;
• we may disclose your Personal Information in accordance with your prior written consent or authorization; 
• we may disclose Personal Information to our subsidiaries, affiliates, and related companies; and
• we may disclose Personal Information to third party advertisers to develop and display advertising tailored to your interests or location.

All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.

Use / Disclosure of Information Submitted to Groups

You acknowledge that our Service may include features such as group visits, group-based encounters, group discussions, discussion boards, forums, profile pages, bulletin boards, instant messaging, polls, and other communication forums (collectively, “Groups”). You acknowledge and agree that any information you submit, post, or disclose to such Groups including, but not limited to, user profile information, user profile pictures, discussion board postings, and any Personal Information included in such postings, may be visible to other users and providers of the Service including, but not limited to, your health coaches, authorized personnel, administrators, other Work Health Clinic Members, and other users of the Service.

In the case of your use of groups, we are not responsible for the use by others of any information, including personal information, that is disclosed by you or on your behalf in such groups. by disclosing any of your information via groups, you acknowledge and accept any risk and damage arising from disclosure of such information.

5. CONFIDENTIALITY AND SECURITY

We take reasonable steps to ensure that all Personal Information collected will remain secure and in its original form (i.e., free from any alteration). We have put in place appropriate physical, electronic, and administrative safeguards in compliance with federal and state law, including HIPAA and 42 C.F.R. Part 2, in an effort to help prevent unauthorized access, maintain data security, and correct use of the Personal Information we collect. We cannot, however, ensure or warrant the security of any Personal Information you transmit to us and you do so at your own risk. Once we receive your transmission of information, we use commercially reasonable efforts to ensure the security of our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered, or destroyed by breach of any of our physical, technical, or administrative safeguards. Furthermore, your individual user account is protected by a password for your privacy and security. To ensure that there is no unauthorized access to your account and Personal Information, we suggest that you safeguard your password appropriately and limit access to your computer and browser by signing off after you have finished accessing your account.

The Service may contain links to Third Party Offerings (as such term is defined in the Terms). Before using any Third Party Offerings or related services, you must review and accept the terms of use and privacy policies for those sites and/or services. We are not responsible for the privacy policies and/or practices of any Third Party Offerings, and we are not responsible or liable for the availability, reliability, content, functions, performance, accuracy, legality, appropriateness, services, materials, or any other aspect of such Third Party Offerings. This Privacy Policy only governs information collected by our Service. When you access any Third Party Offerings, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use and/or privacy policies that apply to such Third Party Offerings. Workit Health is not responsible for and will not be a party to any transactions between you and a third party provider of products, information, or services. Workit Health does not monitor such interactions to ensure the confidentiality of your Personal Information. Any separate charges, data records or obligations you incur in your dealings with Third Party Offerings are solely your responsibility.

6. ACCESSING AND CHANGING YOUR INFORMATION

You may review and request changes to your Personal Information or request additional information about our collection, use and disclosure of such information by contacting us at hello@workithealth.com. We use best efforts to keep our records as accurate and complete as possible. You can help us maintain the accuracy of your information by promptly notifying us of any changes to your Personal Information. You may update, correct, or delete your profile information and preferences at any time by accessing your account preferences in the Service. Any changes you make will be reflected in active user databases within a reasonable period of time; however, we may retain all information you submit for backups, archiving, prevention of fraud or abuse, analytics, satisfaction of legal obligations, or where we otherwise reasonably believe that we have a legitimate reason to do so. We may not be able to modify or delete your information in all circumstances. In addition, you may request that we provide to you the information we hold about you; however, your rights to access your Personal Information are not absolute. We may deny you access when required and/or permitted by applicable laws or if disclosure would likely reveal personal information about a third party.

7. CHILDREN’S PRIVACY

Our Service is not directed to children under the age of 18, and we do not knowingly collect information from children under the age of 18 without obtaining parental consent. If you are under 18 years of age, then please do not use or access the Service at any time or in any manner. If we learn that a person under 18 years of age has used or accessed the Service or any information has been collected on the Service from persons under 18 years of age, then we will take the appropriate steps to delete this information. If you are a parent or guardian and discover that your child under 18 years of age has obtained an account on or otherwise accessed the Service, then you may alert us at legal@workithealth.com and request that we delete your child’s information from our systems.

8. OPT OUT

You may affirmatively opt-out of receiving future emails from Workit Health and may remove your name from our marketing mailing lists. The opt-out provisions do not apply to information collected by cookies or used internally to recognize you and/or facilitate your use of the Service or information we may retain to comply with legal requirements. Opting out will not prevent your access to the Service and you will continue to receive administrative messages about the Service from us. If you no longer consent to us collecting, using and sharing your Personal Information in accordance with this Privacy Policy, you may disenroll from the Service at any time by emailing Workit Health at hello@workithealth.com.

9. CHANGES TO OUR PRIVACY POLICY

By using the Service, you agree to the current Privacy Policy, as well as our Terms into which this Privacy Policy is incorporated. Workit Health reserves the right, in our sole discretion, to modify or amend this Privacy Policy at any time. Use of information we collect is subject to the Privacy Policy in effect at the time such information is used or disclosed. If we make any material changes to the ways in which Personal Information is collected, used or transferred, as determined by Workit Health, we will notify you of these changes by modification of this Privacy Policy, which will be available for your review through the Service and the effective date or last revision date will be noted at the beginning or end of this Privacy Policy. You should review this Privacy Policy periodically so that you are up to date on our most current policies and practices. Your continued use of the Service after receiving notice signifies your acceptance of any such changes. If the modified Privacy Policy is not acceptable to you, your only recourse is to cease using the Service.

10. PROTECTED HEALTH INFORMATION

The providers you access through the Service are employed by or contracted independently with one or more professional corporations or other professional entities (collectively, the “Workit Health Clinic”), which are affiliated with Workit Health. Workit Health is not a medical group and any telehealth consults obtained through the Service are provided by independent medical providers employed or contracted through the Workit Health Clinic. 

Some of the information that you provide to the Workit Health Clinic, or that is created through your use of the Service may be considered “Protected Health Information” or “PHI” as defined in the Health Insurance Portability and Accountability Act (“HIPAA”) and/or substance use disorder patient records governed by federal law 42 C.F.R. Part 2, Confidentiality of Substance Use Disorder Patient Records (“42 C.F.R. Part 2”). PHI, including substance use disorder patient records, is subject to the Workit Health Clinic’s Notice of Privacy Practices (the “NPP”). The NPP describes how the Workit Health Clinic uses and discloses your PHI and also describes your rights with respect to your PHI. To the extent that this Privacy Policy conflicts with the NPP, the NPP will prevail with regard to PHI. In addition, to the extent a capitalized term is undefined in this Privacy Policy, it will have the same meaning as prescribed to it in our Terms of Service (the “Terms”). To the extent that this Privacy Policy conflicts with the Terms, this Privacy Policy will control. BY USING THE SERVICE, YOU ACKNOWLEDGE RECEIPT OF THE WORKIT HEALTH CLINIC NPP.

In addition, your use of the Service may involve our receipt of PHI. PHI is Personal Information that relates to 

• your past, present, or future physical or mental health or condition; 
• the provision of health care to you; and  
• your past, present, or future payment for the provision of health care, which is created, received, transmitted, or maintained by us. 

This Privacy Policy describes how we protect your privacy as a visitor or general user of our Service. You have additional rights under federal and state law with respect to PHI. For more information on those rights, and how the Workit Health Clinic uses and discloses your PHI, refer to the NPP.

In addition to the permitted uses of Personal Information that are set forth in this Privacy Policy, we may use your Personal Information to 

• send you communications on behalf of the Workit Health Clinic and to facilitate the provision of health care services to you by the Workit Health Clinic; and
• invite you to participate in IRB-approved research studies regarding the Service.

In addition to the permitted disclosures of Personal Information that are set forth in this Privacy Policy, and to the extent permitted by applicable law, we may, in our sole discretion and as we deem necessary or otherwise appropriate, disclose your Personal Information to an appropriate health care provider to address concerns regarding the safety and well-being of a user. 

11. USERS OUTSIDE THE UNITED STATES

The Service may only be used within certain jurisdictions within the United States as set forth in the Terms. Accordingly, this Privacy Policy, and our collection, use, and disclosure of your information, is governed by U.S. law, and by using the Service, you acknowledge that the Service will be governed by U.S. law. Using the Service from outside the United States is prohibited under our Terms and may subject you to termination of your use of the Service under such Terms. In no event will Workit Health or any of its officers, directors, employees, consultants, subsidiaries, agents, and affiliated entities, including the Workit Health Clinic be liable for any losses or damages arising from your use of the Service outside of the United States, and you waive any claims that may arise under the laws of your location outside the United States. Notwithstanding the foregoing, we do not represent or warrant that the Service is appropriate or available for use in any particular jurisdiction. If you choose to use the Service from the European Union or other regions of the world with laws governing data collection and use that may differ from U.S. law, then please note that you are transferring your personal information outside of those regions to the United States for storage and processing. Also, we may transfer your data from the United States to other countries or regions in connection with storage and processing of data, fulfilling your requests, and operating the Service. By providing any information, including PHI, on or to the Service, you consent to such transfer, storage, and processing.

12. QUESTIONS AND SUGGESTIONS

If you have questions or suggestions, or wish to correct your profile information, please email Workit Health at hello@workithealth.com or write to us at Workit Health Inc., 3300 Washtenaw Ave., Ste. 280, Ann Arbor, MI 48104.