Kurbo Health Privacy Policy

Effective Date: March 7, 2016

General Section

Kurbo provides an online service designed to help empower young people, with the support of their parents, to achieve their weight goals. This service does not provide medical advice, and is not intended to be a replacement for discussion and with your healthcare provider. We also urge teens to discuss their weight-loss goals and concerns with their parents. While teens may sign up for this service on their own, parents or guardians of children under the age of 13 (“Child” or “Children”) must register their Child directly and verify their consent for their Child to participate in this service.

References to “you”, “your” or “yours” in this privacy policy shall refer to you the user, Teens, Children or parents/guardians of Children or Teens (as the case may be).

Kurbo Health is committed to your privacy and the protection of the information you may entrust to us. This privacy policy (“Privacy Policy” or “Policy”) explains our data practices, including the information we may collect, how we may use it, whether and with whom we may share that information, and for parents/guardians of Children, how we will communicate with you.

By using our service, you consent to our collection, use, and disclosure of personal information in accordance with this Privacy Policy. From time to time, we may need to update this Policy. Any changes to this Privacy Policy will be prominently posted on this site, and we will update the effective date to this Policy. Your use of the services after the effective date will constitute your consent to the updated Privacy Policy.

Information We Collect and How We May Use It

We limit the collection of personal information from users of our service, including Children where a parent or guardian has completed our sign up process, to only that which is reasonably necessary to provide and/or improve our service. We use the information we collect in order to provide you with our service, enhance your experience, improve our services, communicate with you regarding the service, monitor and ensure the security and integrity of the service, investigate, prevent or take action related to illegal activities or violations of our Terms of Service or this Privacy Policy, aggregate non-identifiable information for research and development purposes, and provide you with customized content, offers and marketing messages from Kurbo Health or other third parties in relation to the service. We may also provide your personal information to third parties for their own marketing purposes, as further described below.

Types of information we collect includes contact information, including your email and mobile telephone number, which we use to contact you regarding the services and to send you regular notifications to facilitate participation in the services. When you provide us with your mobile telephone number, you consent to receive SMS text messages from us. We may also collect billing information, which we may use to complete any payments you authorize for fee-based services and to verify parental consent for Children, demographic information about you and your family such as age, sex and number of family members to personalize the service and coaching, personal wellness and nutrition information necessary for the provision of the services, including height and weight information as well as information about food and exercise choices, and other information you may provide from participation in our interactive features such as quizzes and games.

We may also collect your location information in order to provide you with location based features, such as locating healthy foods near you, or to send location-aware messages and information.

You may also choose to provide us with information or other content through our service, such as by using interactive features, posting about your experience and goals on our service, or for additional social features such as the Parents Portal forum, communicating directly with us or your coaches through messages on the service, or through texts or email. You may also upload photos to your account to help visualize and track progress, and for personalized coaching, may transmit videos or interact through video chat with our coaches.

The personal information we have for your account will be available on your account for you to review, update or delete information in that account. If the user is a Child, the parent or guardian that signed them up for the service will have complete access to the account to review, update or delete information. Note that deleting some information may require the deletion of the entire account.

Cookies and Other Similar Technologies

Through the use of cookies and other related technologies, we and our third party service providers also collect technical information about your use of our services, including persistent identifiers such as your IP address or device identifier, your location information, and other information about your use of our service so we can understand and improve our services. We and our third party service providers use this automatically generated information, as well as other information that we or they have, to provide you with an optimal website experience.

Our information collection and disclosure practices will continue to apply as described in this Privacy Policy, regardless of any “Do Not Track” signals that are sent by certain browsers. In general, Kurbo Health does not collect personally identifiable information about an individual’s online activities over time or across third-party websites or online services, and it does not permit others to do so other than as described in this Policy. You may refuse the setting of cookies by selecting the appropriate settings on your browser, including disabling all cookies from being set on that browser, however certain features of our service may not work if you disable cookies.

How We May Share Information

We will not share or disclose your personal information to others without your consent, except as noted in this Privacy Policy. Information on the user’s weight loss goals and progress is shared with the user’s support system, including their parent or guardian, and their behavioral coach through the Coaches Portal. Behavioral coaches have full access to all program data through the coach’s portal to provide personalized coaching services, if you choose to engage the personalized coaching services. We may also enable users to send a summary report of progress to their personal physician/pediatrician.

Note that if you participate in any interactive bulletin or chat room features, or for parents/guardians of Children who grant permission for their Children to participate in any interactive bulletin or chat room features, you elect to provide whatever information you post to a larger audience of other Kurbo Health users. While we encourage all users to participate in social features in a respectful, supportive and confidential manner, Kurbo Health is not responsible for the behavior of other users, and cannot control what such third parties may do with information you publically post to the larger Kurbo Health community. Do not use the interactive bulletin or chat room features if you do not want to share the information with third parties.

We may share information with our carefully chosen third party service providers and business partners to provide these services and as otherwise disclosed in this Policy. This may include our select third party business partners, who may use your information to provide you with offers or other information on products and services that may be of interest to you. We do not, however, share information of Children with any third parties for third parties’ marketing purposes.

We may also share your information without consent when the disclosure is required by law or regulation, or when it is necessary to comply with law, or a legal request such as a court order, search warrant, or subpoena. We may also access, preserve, or share your information if it is necessary to detect, prevent, or address fraud and other illegal activity or to protect the safety, property or rights of Kurbo Health or others. Information may also be shared with a third party as the result of a corporate sale, restructuring, bankruptcy or transfer of assets, but we do not otherwise sell or rent personally identifying information collected through our services.

Although it is not required nor do we undertake to do so in every circumstance, in the event that a user discloses, or a coach observes, activities that present a concern for the safety or wellbeing of the user, such as rapid weight loss or gain or other unhealthy weight loss practices, mental health issues, or physical or mental abuse, Kurbo Health may alert the parent or guardian and/or other authorities and disclose relevant personal information as Kurbo Health, in its sole discretion, deems necessary or otherwise appropriate.

Transfer of Personal Information

Our services operate under, and are subject to, United States laws, and any information you provide under these services will be processed in the United States. Do not use these services if you do not agree to the transfer and processing of your data in the United States.

Security

Kurbo Health endeavors to protect your personal information through the use of certain technical and organization security safeguards. However, no server or transmission on the internet or electronic database can be guaranteed to be secure, and therefore any activity on or through our service is conducted at your own risk.

Children’s Privacy Rights

We are respectful of the privacy rights of all of our users, and sensitive to the particular concerns of Children’s privacy. We will not require a Child to disclose more information than is reasonably necessary to participate in our program or in any of the interactive features of our service. User personal information is available for access through your account. Parents or guardians also are provided with resources through the Parental Portal, which connects them to Kurbo community resources for parents or guardians to support their family’s healthy weight habits. If the user is a Child, the parent or guardian that signed them up for the service may also request access to review, update, or direct us to delete information as a user with full access to the account by contacting us at privacy@kurbo.com, as described below. You may also cancel the account to prevent any further collection or use of the Child’s information.

In signing up your Child for this service, you agree to the collection and use of your Child’s information as described in this Privacy Policy, but you may direct us not to disclose your Child’s personal information to third parties except for disclosures as part of the service (for example, if you make use of social networking features such as chat rooms, or disclosures to a personalized coach, as personalized coaching services requires full program data access to provide the service). Note that Kurbo Health will not share personal information of Children with any third parties other than as described in this Privacy Policy as necessary in support of our Services, and Kurbo will not share personal information of Children with third parties for those third party’s marketing purposes.

To exercise your parental rights, including to access or request deletion of personal information we have collected and maintain through the Services for your Child, simply contact us at privacy@kurbo.com and note “Parental Rights Request” in the subject line of the email. In the body of the email, please include your Kurbo Account user name and your Child’s Kurbo Account user name, plus your contact information for verification purposes, and whether you are requesting access to your Child’s information, or if you are requesting deletion of your Child’s data. Note that if you request deletion, your Child’s user account will be terminated.

Registration Process

All users may register through our website, and those aged 13 and over may also register through our App.

For Children, a parent or guardian must register their Child for our services on our website, and complete our parental verification through providing a credit card for validation. To register online, you must, or if the service is intended for use by a Child, a parent or guardian must, create an account, which includes reviewing our Direct Notice of privacy practices, and confirm that you have read, understand and agree to our Terms and Conditions as well as our data practices as set out in the Notice and Privacy Policy, and then provide credit card information and be charged a fee according to the coaching package you select to verify that consent for your child to use our service, including the data practices described in this Privacy Policy. To register through the App, which is only available for users 13 years of age and older, you must create an account which includes providing your date of birth, and confirm that you have read, understand and agree to our Terms and Conditions and Privacy Policy.

Country Specific Section

California Privacy Rights

The California “Shine the Light Law,” California Civil Code Section 1798.83, permits California residents to request and obtain once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. California residents may make such a request in writing by emailing privacy@kurbo.com with your name and address, and noting “California Shine the Light Request” in the subject line of the email.

Canada Privacy Rights (For Canadian residents only)

1. Marketing
Canadian users will have an opportunity to opt-in to having their personal information used or disclosed to third parties for marketing or promotional purposes. At all times, a Canadian user would also be able to opt-out of such uses or disclosures.

2. Emergency Disclosures
Although it is not required nor do we undertake to do so in every circumstance, in the event that a user discloses, or a coach observes, activities that present an emergency for the safety or wellbeing of the user, such as rapid weight loss or gain or other unhealthy weight loss practices, mental health issues, or physical or mental abuse, Kurbo Health may alert the parent or guardian and/or other authorities and disclose relevant personal information as Kurbo Health, in its sole discretion, deems necessary or otherwise appropriate.

Singapore Privacy Rights (For Singapore residents only)

  1. Singapore laws
    For the purposes of compliance with Singapore laws, including the Personal Data Protection Act 2012 of Singapore (the “PDPA”), the General Section above shall be read in conjunction with this Section entitled “Singapore Privacy Rights (For Singapore residents only)” (“Singapore Section”). In the event of any inconsistency between this Singapore Section and the General Section above, this Singapore Section shall prevail.
  2. Consent
    1. Parents or guardians of Children, as well as of any teen aged between 13 to 17 (“Teen”) must register their Child or Teen directly and verify their consent for their Child or Teen to participate in this service. We may also collect your billing information, which we may use to complete any payments you authorise for fee-based services and to verify parental consent for Children and Teens. If the user is a Child or Teen, the parent or guardian that signed them up for the service will have complete access to the account to review, update or delete information, or cancel the account to prevent ant further collection or use of the Child’s or Teen’s information, in the manner described in the “Children’s Privacy Rights” sub-section under the General Section above.
    2. By using our service, you consent to our collection, use and disclosure of your personal data (and if applicable, the personal data of your Child or Teen) in accordance with this Privacy Policy. Notwithstanding that consent to our collection, use and/or disclosure of personal data has been provided by a Teen, we reserve the right to deem such consent withdrawn in the event that a parent/guardian to the Teen notifies us, in accordance with paragraph 2.3 below, that the parent/guardian is withdrawing consent to such collection, use and/or disclosure.
    3. Notwithstanding anything to the contrary in this Policy, you may withdraw your consent to our collection, use and/or disclosure of your personal data (or if applicable, the personal data of your Child or Teen) at any time by sending us an email at the address below notifying us your decision to withdraw your consent.
    4. You consent and acknowledge that the transfer of your personal data (and if applicable, your Child’s or Teen’s personal data) to, and/or the processing of your personal data (and if applicable, your Child or Teen’s personal data) in, the United States is necessary for the performance of our service and the agreement between us.
  3. Access/Disclosure Request
    1. We may share your information (and if applicable, information of your Child or Teen) without consent when the disclosure is required by law or regulation or when it is necessary to comply with law, or a legal request such as a court order, search warrant, or subpoena or a request from a Singapore regulatory authority.
    2. Subject to any applicable access exemptions or restrictions under the PDPA, we will, as soon as reasonably possible from the date of your request, provide you with information about the ways in which your personal data (and if applicable, your Child or Teen’s personal data) has been or may have been used or disclosed by us within a year before the date of the request. If we are unable to do so within 30 days after receiving the request, we will within that timeframe inform you in writing of the time by which we will respond to the request.
    3. For the purposes of paragraph 3.2, you may make such a request in writing by emailing privacy@kurbo.com with your name and address, and noting “Singapore Privacy Rights Request” in the subject line of the email.

 

Questions and information

If you have any questions regarding our processing of personal data, including our collection of children’s data, you may contact us at:

Kurbo Privacy Administrator
P.O. Box 1581
Palo Alto, CA 94302
800-444-7158
privacy@kurbo.com