Last Updated: April 23, 2021
Limber is committed to protecting and respecting your privacy.
- “App” refers to any downloadable application (including, a mobile application) owned or operated by Limber Health, Inc. References to the “App” include any and all features, functionality, tools and content available on or through each such application.
- “Content” refers to any and all information, videos, text, photos and other content provided or made available by Limber Health, Inc. on or through the Platform, including information, videos, text, photos and other content relating to physical conditions and/or exercise regimens.
- “Limber” “we,” or “us” refer to Limber Health, Inc. and our officers, directors, employees, contractors and agents. To the extent applicable, they also refer to our affiliates, service providers and licensors, and their respective officers, directors, employees, contractors and agents.
- “Platform” refers, collectively, to any and all Websites, Apps and Content made available to you by Limber, including any related services and promotions, and any software and technology used to provide any of the foregoing.
- “Users” means any and all persons that access or use the Platform. References to “access” and/or “use” of the Platform (and any variations thereof) include the acts of accessing or browsing the Platform, and accessing or using the Content.
- “Website” refers to any website owned or operated by Limber (including the websites currently located at ). References to the “Website” include any and all features, functionality, tools and content available on or through each such website.
HOW WE COLLECT INFORMATION
Information You Provide to Us:
We collect and store information in an electronic format that you provide directly to us, including when you register for the App, submit information and updates about your condition, when you respond to a survey, contact us with questions or comments, or provide other feedback. This information includes first and last name, email address, and date of birth.
If you do not provide us with information, you will be unable to access and use the Platform.
We will not ask for or request information such, as government identifiers, or financial information, except in connection with payment. Please do not provide this information to us, including through e-mails, feedback forms or otherwise.
Information Collected While Using Our Platform:
We also collect and store certain technical information when you access, browse and use our Platform. This technical information helps us operate our Platform and provide access to you, and includes standard information about visits and system capabilities, such as:
- information about the device(s) you use to access our Platform, including MAC address, IP address, browser type and version, location, time zone setting, browser plug-in types and versions, operating system and platform, device type, and device identifiers;
- information about your visits to the Platform and Content, including the full URL clickstream to, through, and from the Platform (including date and time);
- information we need and use to facilitate your use of our Platform (including to provide access to third-party websites and services), such as URL requests, destination IP addresses, or device configuration details;
- pages you view, Content you select to view, length of time viewing content; and
- page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), your engagement with certain variable/dynamic elements of a page and methods used to browse away from the page.
We may also collect information using cookies and beacons. (See Cookies and Beacons below.)
Information Collected from Other Sources:
On occasion, we may combine or compare data we have collected from you with information collected from other third-party sources and add it to the information you have provided.
Third parties that are unaffiliated with us may also collect information about you, including tracking your browsing history, when you use our Platform. We do not have control over these third-party collection practices and advise you to adjust the settings of your browsers or install plug-ins and add-ins if you wish to minimize these third-party collections.
HOW INFORMATION MAY BE USED
We collect and may use and disclose any of your information we collect, to:
- allow us to operate our Platform, including payment processing, Platform administration, internal operations, troubleshooting, data analysis, testing, research, statistical and survey purposes;
- manage your access to our Platform;
- send you information that enables you to use our Platform;
- contact you directly about activity on your account;
- create reports for our affiliates, licensors, service providers and Users or prospective Users that may include aggregate information about the use of various aspects of the Platform;
- comply with laws and regulations;
- carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including billing and collection;
- notify you about changes to our Platform;
- protect the integrity and maintain the security of our Platform, including secured areas of the Platform;
- in any other way that we describe when you provide the information; and
- for any other purpose for which you may provide consent.
In some cases, how we treat and use information will depend on the type of information. Some of the information we collect through your use of our Platform or communications with us, such as your name, phone number, e-mail address may personally identify you. We will treat this information as “Personally Identifiable Information.” We will also treat as Personally Identifiable Information any non-identifiable information that is combined with Personally Identifiable Information.
We may use your information, including Personally Identifiable Information, to:
- respond to your requests, feedback or questions, including by telephone, text (SMS) or email;
- provide you with information about Content, products or services, from us or third parties, that may interest you; and send you e-mails about updates, information, or alerts regarding our Platform; and
- as otherwise permitted under any applicable laws.
We may use technical information or non-Personally Identifiable Information to:
- evaluate and improve our Platform and present content in the best way for you and for your device(s);
- serve advertisements on or through our Platform; and
- measure or understand the effectiveness of advertising we serve to you and other Users like you, and to deliver relevant advertising to you and other Users like you.
We may also combine technical information or non-Personally Identifiable Information about your use of our Platform with similar information that we obtain from other Users to use in an aggregate or anonymous manner for similar purposes.
HOW INFORMATION MAY BE SHARED
We will not sell your Personally Identifiable Information to or share your Personally Identifiable Information with third parties for the third party’s own direct marketing purposes without your express consent.
We may share information, including Personally Identifiable Information, with our licensors, service providers and agents to the extent reasonably necessary to operate and provide our Platform to you. For example, we use a third-party provider for e-mail and cannot communicate with you by e-mail without disclosing your e-mail address to our third-party e-mail provider. We do not permit these third parties to use any information we share for any purpose other than to support us and our efforts to operate and provide our Platform to you.
We may share any information, including Personally Identifiable Information with:
- our subsidiaries and affiliates;
- our service providers and subcontractors to the extent reasonably necessary to enable us operate and provide our Platform to you;
- a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personally Identifiable Information held by us about our Users is among the assets transferred;
- you, upon your written request; and
- other third parties with your express consent.
We may also disclose your Personally Identifiable Information:
- to comply with any court order, law or legal process, including to respond to any government or regulatory request;
- if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Limber, our Users or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; and
- for any other purpose disclosed by us when you provide the information.
We may share non-Personally Identifiable Information, aggregate or anonymous data:
- with analytics, search engine, or other service providers that help us improve or assess the performance (including the commercial performance) of, our Platform;
- with other Users or prospective Users of the Platform; and
- to advertisers and advertising networks to select and serve relevant advertisements.
In the event that we receive a request from a governmental entity to provide it with your Personally Identifiable Information, we will make reasonable attempts to notify you of such request, to the extent reasonably possible and legally permissible.
COOKIES AND BEACONS
- Browser Cookies. A browser cookie is a small file placed on the hard drive of your computer. That cookie then communicates with servers, ours or those of other companies that we authorize to collect data for us, and allows recognition of your personal computer. We associate cookies with Personally Identifiable Information only if you use the automatic recognition capabilities on restricted areas of the Platform, view Content, use the personalization services available as part of the Platform, or ask us to contact you with additional marketing information. We do not otherwise collect Personally Identifiable Information from browser cookies and we do not associate browser cookies with your Personally Identifiable Information.
You may use the tools available on your computer or other device to set your browser to refuse or disable all or some browser cookies, or to alert you when cookies are being set. However, if you refuse or disable all browser cookies, you may be unable to access certain parts or use certain features or functionality of our Platform.
You may choose whether to activate automatic recognition when you register for an account. After registration, you may disable the persistent cookie that supports recognition using the tools in your browser. If you choose to disable the cookies that support automatic recognition, you will need to re-enter your User ID and password each time you access a gated portion of the Platform.
- Our Platform and e-mails may contain small electronic files known as beacons (also referred to as web beacons, clear GIFs, pixel tags and single-pixel GIFs) that permit us to, for example, count Users who have visited those pages or opened an e-mail and for other website-related statistics. Beacons in e-mail marketing campaigns allow us to track your responses and your interests in our content, offerings and web pages. You may use the tools in your device to disable these technologies as well.
You may have the opportunity to receive certain communications from us related to our Platform, including marketing communications. If you provide us with your e-mail address in order to receive communications, you can opt out of marketing e-mails at any time by following the instructions at the bottom of our e-mails and adjusting your e-mail preferences. Please note that certain e-mails may be necessary for the operation of our Platform. You will continue to receive these e-mails, if appropriate, even if you unsubscribe from our optional communications.
Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Our Platform does not currently change the way they operate based upon detection of a Do Not Track or similar signal.
Please note that we cannot control how third-party websites or online services you visit through our Platform respond to Do Not Track signals. Check the privacy policies of those third parties for information on their privacy practices.
The accuracy of the information we have about you is very important. Users may update, review, or correct their information at any time by contacting us at .
SECURING YOUR INFORMATION
The security of your information is important to Limber, and we have established reasonable administrative, technical, and physical safeguards designed to protect Personally Identifiable Information against alteration, loss, unauthorized access, use, modification or disclosure. Unfortunately, no system can guarantee complete security of your information. As a result, Limber cannot ensure or warrant the your information, including your Personally Identifiable Information, is secure from unauthorized third parties. Thus, your use of the Platform and communication with us about them is at your own risk.
You are responsible for protecting your User ID(s) and password(s) and for the security of information that you transmit to us over the internet.
Our Platform is directed to, and is intended for use only by persons who are 18 years of age or older. By registering for an account or submitting any personally identifiable information to us, you represent and warrant that you are 18 years of age or older.
LINKS TO THIRD-PARTY SITES
ADDITIONAL TERMS FOR USERS IN AUSTRALIA
TGA registration in Australia is sponsored by Honeysuckle Health Pty Limited, Level 1, 6 Newcomen Street, Newcastle, NSW 2300.
We also collect and use your health information to enable your use of the Platform. For example, we may collect and use the health information you provide us when you complete the initial assessment in order to customize your program. You consent to us using your health information for these purposes and any related purposes.
We will only collect health information directly from you or from a third party when requested by you.
We will not use any health information you have provided us for marketing purposes.
Access to and Correction of Your Personal Information:
You can request access to the information we hold about you. You can also ask for corrections to be made if you believe that any of your personal or health information is inaccurate, out of date, incomplete, irrelevant or misleading. You may also request information regarding whether we hold health information relating to you, the nature of that information and the main purposes for which the information is used. To do so, please contact us using the details shown below.
Where we have amended your health information, we will notify you of the amendments we have made.
Disclosures of Your Personal Information:
We may disclose your personal information and your health information to our partner Honeysuckle Health Pty Limited (Honeysuckle Health) for the following purposes:
- customer support, including telephone support;
- care navigation and coaching, including monitoring your adherence to sessions.
You consent to us disclosing your personal and health information to Honeysuckle Health for these purposes and for any other reasonably related purpose.
Disclosures outside of Australia:
Personal information collected from users through the Platform will be stored on servers in Australia. Before disclosing personal information to an overseas recipient, we will require the recipient to comply with the Privacy Act and APPs or we will obtain your express informed consent prior to any such disclosure.
If you have a question or complaint about how your personal information is being handled, please contact us first by using the contact details provided below. We will acknowledge your complaint as soon as we can after receipt of your complaint. We will respond to your complaint in a reasonable period of time (usually within 30 days). If your complaint is taking longer, we will let you know what is happening and a date by which you can reasonably expect a response.
If you are not satisfied with our response you can contact or make a complaint to the Office of the Australian Information Commissioner (OAIC) about the way we handle your personal information. If you disagree with our decision, you may refer your complaint to the OAIC. The OAIC can be contacted at:
Office of Australian Information Commissioner
GPO Box 5218
Sydney NSW 2001
Phone: 1300 363 992
Limber Health, Inc.
c/o Arent Fox LLP
1717 K Street NW
Washington, DC 20006