Privacy Policy

Healthy Is Wellness Consumer Privacy Policy

Last Updated: December 12, 2023

Healthy Is Wellness, LLC (“HIW”, “we” or “us”) offers in-person health and wellness coaching utilizing fast, medical-grade assessments integrated with our proprietary technology.  Our services include body composition analysis, over-the-counter blood testing, wellness coaching, and movement and performance assessments.  We offer two technology platforms that collect and facilitate the processing of personal information from users: the HIW mobile application (the “App”) and the HIW website (the “Website”).

The HIW App is an easy and convenient method of maximizing the benefits of the HIW system, allowing users to review their assessment results off-site, track their progress with pathways and challenges, and set personal goals. Users looking for the convenience of personal telecoaching services can purchase a Telecoaching Membership through the HIW App, a new offering that will allow you to schedule telecoaching sessions at your convenience.

The features available through the HIW App all require the collection of personal information about you, including your health and your lifestyle. However, the type and extent of the information we collect will depend on the degree of your interaction with the app.

Members who are receiving in-person assessments and wellness coaching are free to decide whether to use the HIW App to track their goals and monthly challenges. If you do not use this feature, the information collected about you consists of what you provided during the registration process and your interactions with the app, which we use to improve its functionality and develop new products and services. The HIW App is not equipped with any form of sensor and cannot collect health data unless you choose enter such data manually.

Through the HIW App, we offer our members the option of purchasing Telecoaching Membership. A Telecoaching Membership entitles you to one or more live and interactive telecoaching sessions with a HIW Wellness Coach, conducted telephonically or via video conferencing. During the purchasing process, you will be prompted to provide identifying, contact, and payment information, all of which we share with our third party payment processors. All telecoaching sessions are scheduled though the HIW App, providing us information about which Wellness Coaches you have consulted, as well as the times and dates of those sessions. HIW does not record or broadcast telecoaching sessions and we do not create any records concerning the content of your communications with a Wellness Coach. We may ask your permission to allow one of our supervisors to monitor the call for training purposes.

The HIW Website has been designed for marketing and outreach purposes only.  You cannot access any of our assessments or contact your health coach through the website.  The contact forms provided as part of the Website’s functionality are intended solely for marketing queries.  You should not submit any information relating to your past, present, or future physical or mental health or condition through our Website.  Further, to the extent the Website enables any communications with us, those submissions are routed to our Marketing and Sales departments.  You cannot use the Website to contact a coach and should not submit any personal information through the Website.

We do not maintain copies of your assessment or test results in hard copy.  All personal information and health data that we collect is maintained in electronic form only, accessible for review through the HIW App.  If we create a hard copy record of your assessment or test results during an event, we will provide that to you at check-out for your personal use.

Please note that HIW is not a health care provider subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”).  Although we collect and maintain personal health information about you, we do not engage in electronic transactions subject to regulation by the Department of Health and Human Services.  As a result, the personally identifiable health data we collect about you does not constitute “Protected Health Information” subject to HIPAA unless we are acting as a Business Associate to a covered entity.  If you are receiving the Services due to your relationship with a covered entity – a healthcare provider, health plan, or health care clearinghouse – our use of your data is subject to the terms of our contract and the covered entity’s Notice of Privacy Practices.

This policy (our “Privacy Policy”) describes the categories of information we collect, the means we use to collect that data, and your rights as a consumer under federal and state law.

Personal Information We Collect

The data we collect depends on the extent of your interactions with our App and/or our Website, the features you use, and applicable law.  The data we collect can include the following:

Individual Identifiers and Contact Information.  Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, internet protocol (IP) address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers.

HIW Account and Password Information.  User account log-in for the App, in combination with a user password.

Demographic Data.  Information about your age, gender, country, and preferred language.

Business Affiliation.  Data associating you with a company or business, such as a business name in your IP address.

Insurance Plan and Carrier.  Data associating you with a specific insurance plan or carrier, such as your plan number.

Health Data.  During an HIW coaching event, we offer users a variety of wellness assessments.  We use these assessments to build a picture of your overall health and provide you recommendations for addressing areas of potential concern.  Our assessments utilize medical-grade technology and over-the-counter blood testing, and can provide the following data about you:

  • Body Composition Information. We use the InBody line of body composition analyzers to gather measurements of your visceral fat, muscle percentage, body fat percentage, and edema index.  These measurements are linked to common ailments and can increase your susceptibility to disease.  We utilize a custom API with InBody to collect body composition measurements directly from the device.  Users can view their results through the App.
  • Wellness Score. Based on your body composition results, we will assign you a Wellness Score expressed as a number between 1 and 100.  Our wellness coaches will use your wellness score to assess your overall risk, both individually and in the context of a larger pool of participants.
  • Blood Test Results. As a CLIA-waived facility, we offer over-the-counter blood testing for HbA1c (hemoglobin), lipids, and various micronutrients (all blood testing is subject to availability and the schedule applicable to your membership).  Blood tests are performed by our coaches on-site, during an event, with results either available on the spot or after processing by the manufacturer of the test.  Depending on how the test is processed, your results will be available: (i) during your appointment; (ii) through the HIW App, which you can download and view at any time; or (iii) during a follow-on appointment, at which time you can discuss the results with your Wellness Coach.
  • Movement Analysis. We use the Sparta Science force plate to analyze fall risk and force creation through (i) sway, control, and stability scoring (the “Balance Test”), and (ii) load, explode, and drive scoring (the “Jump Test”).  These measurements are collected directly from the force plate using a Sparta Science API.  Users can view their results through the App.
  • Objective Assessments. In addition the assessments described above, we routinely utilize new or tailored objective assessments during our coaching events, such as blood pressure measurements and grip strength analysis.  We take these measurements in-person and on-site, with a hard copy of the results provided to you at the time of testing or upon check-out.  HIW does not maintain any hard copy records of your health data, but will upload the results to your online profile.  You can access your results and track your progress through the App.
  • Surveys and Questionnaires. We routinely use surveys and questionnaires to help our members select personal goals, pathways and challenges.  Use of these tools will result in the collection of information about your general health, lifestyle choices, barriers to progress, and accelerators.  Taken together, these responses help our coaches tailor their advice to your specific needs and challenges, but can also be used to gain inferences about your lifestyle and health.

Inferences about Your Health.  To allow us to track your progress, we combine your individual assessment results in a single database.  Over time, the information in our database will allow our coaches to make inferences about your overall health and lifestyle choices.  We currently use this information for several purposes: (i) to provide you with specific recommendations about challenges that may be most effective for achieving your goals; (ii) if the services are being provided by a third party payer, such as your insurance company or an employer, we will provide monthly participation reports by individual as a means of evaluating the services; (iii) improving and refining the services and developing new assessments; and (iv) providing reports and statistics on the overall characteristics of a payer’s population using de-identified and aggregated information.  In certain cases, we may agree to share or sell health data to the entity that is providing the services to our users.  In such cases, you will be asked for your consent before any sale or sharing of your information takes place.

Sensitive Personal Information.  We may collect sensitive personal information from you concerning your family history, background, and economic circumstances as part of a social determinants of health initiative.   Social determinants of health describe the conditions that surround you in your daily life, affecting a wide range of health, functioning and quality-of-life outcomes and risks.  HIW does not routinely collect social determinants of health data.  However, you may be asked if you would like to provide this information: (i) at the request of the corporate or institutional client that is paying us to provide the services to you; or (ii) as part of a larger study or initiative carried out by HIW.  In such cases, we will collect your responses only if you affirmatively elect to provide the information and will de-identify your data before sharing it with a third party.

Pathways and Challenges.  You can use our app to choose one of eleven different pathways that correspond to your personal health goals.  These pathways target a specific health risk or area of concern which, when coupled with up to ten specific challenges designed to address those risks, can be used to infer information about your health and lifestyle.

Body Composition Goals.  Through the App, you can set a weight or body fat percentage goal along with associated goal dates.  If you participate in a body composition analysis during the allotted time window, those results will be automatically tracked as progress towards your goal.

Usage Data.  Data generated by your activity on the App.  This can include data you provide in order to make use of the App and its features (like search queries), as well as data we generate based on your activity on the App (such as error reports).

  • Interactions. Data about your interactions with the App and its features, including the amount of time you spend on the App, the features you used, and search queries that you submit.
  • Device and Configuration Data. Data about your device and your device configuration, such as the domain name of your Internet Service Provider, the Internet Protocol address assigned to the computer by which you are connected to the Internet, the name and version of your Web browser, and your computer’s operating system and platform.
  • Error Reports and Performance Data. Data about the performance of the App and any problems you experience, including error reports.  Error reports can contain information about your activity on the App, including files you may have downloaded from the App and your use of the App’s features.
  • Communications, Preferences, and Requests. Data you submit using one of the App’s contact forms, including the content of any communications you make using the form.
  • Troubleshooting and Support Data. Data you provide when you contact us for help, such as the products you use, and other details that will help us diagnose the problem and provide you support.

Internet or Other Electronic Network Activity Information.   When you visit our Website or click on an HIW ad on a third party website, a cookie, tag, or similar technology is placed on your computer to provide us with information about your browsing history, search history, and interactions with our Website and advertisements.  Our advertising service providers, including Microsoft, Google, LinkedIn, and Terminus, use this information to affiliate you with your business, assess your degree of interest in our products and services, and develop a customer profile of your business.  Several of these cookies store a standard identifier on your computer, which can be used to track your behavior on the internet and serve you with targeted advertising for our goods and services.  Although we do not receive personally identifying information from our advertising partners, they have access to this information through the cookie or tag that is installed when you visit our website.  For more information about how your data is used for cross-contextual and interest-based advertising and how to opt-out, see the “Advertising” section of this policy.

Feedback Data.  Information you provide to us and the content of messages you send to us, such as feedback, survey data, and product reviews you write.

Commercial and Payment Information.  Records of products or service purchased, obtained, or considered, along with any credit card or payment information necessary to complete a purchase transaction.

Our Sources of Personal Information

Individual Members.  We collect personal information, including health data and inferences drawn therefrom, from the members receiving our services.  We collect assessment and test results on-site during a HIW event, as well as any information that is provided by a member through the HIW App off-site.

Visitors to Our Website.  We collect the personal information you provide to us through our Website, either through a direct communication with our company or by interacting with our Website and advertisements.

Your Sponsoring Organization.  We may collect personal information about you from the organization that has contracted with us to provide the services to you (your “Sponsoring Organization” or “Group”), generally as part of an employee benefit plan, health or insurance plan, wellness initiative, or other benefit.  The personal information we receive may include identifying information, demographic information, claims information, employment information, and health data.  Each organization’s collection of personal information is subject to their own privacy policy (or Notice of Privacy Practices, if a HIPAA covered entity).  If you are receiving the HIW services due to your relationship with a sponsoring organization, you may wish to consult that organization’s policy regarding the sharing of your personal information with service providers or business associates.

Assessment APIs.  We utilize APIs to collect assessment data directly from the InBody body composition analyzer and the Sparta Science force plate.  When a member uses either device during an HIW event, the results are automatically transmitted to HIW and added to our database.

Manual Assessments and Blood Tests.  During an HIW event, our coaches perform additional assessments and simple over-the-counter blood testing.  The results of these tests are either available immediately or within minutes.  All results are provided to members in person and on-site in hard copy, then uploaded to our database by a coach on-site.  We do not maintain or store hard copy assessment and testing results.

Mobile Payment Processing Platforms.  We may utilize one or more payment processing platforms to process consumer payments for the services.

How We Use Personal Information

To Provide the HIW Services to You. Our proprietary coaching methodology pairs objective assessment results with subjective, interactive wellness coaching, delivered in-person or remotely. Members are offered the opportunity to participate in convenient, on-site events in which they can participate in assessments and meet with a coach in-person to discuss their goals and refine their plan. Those members that have elected to purchase a telecoaching membership can schedule their sessions via the HIW App and consult a wellness coach telephonically or via video conferencing. Between appointments, members stay engaged by using the HIW App to set goals, track their progress, and complete challenges. We use personal identifying information, sensitive lifestyle information, and health data to customize our feedback, provide personalized coaching, and track results.

To Provide Data Processing and Analytics to Your Sponsoring Organization.  When the services are offered to you as a part of a benefits program, wellness initiative, or other form of incentive by a third party payer (your “Sponsoring Organization”), we may use your personal information, including but not limited to your health information, to provide data processing and analytics services to that organization.  The purposes of such processing include administration of the organization’s benefits or incentive program(s), tracking and analysis of participation and engagement metrics, data aggregation services (in which the data we collect from you is paired with additional information about you provided by the Sponsoring Organization), statistical analysis to measure the impact of the services on various risk factors at an individual and group level, data deidentification, and, to the extent authorized by your Sponsoring Organization, the preparation of limited or pseudonymous data sets.

As a HIPAA Business Associate.  If your Sponsoring Organization is a HIPAA covered entity – a health plan, health care clearinghouse, or qualifying health care provider – we may collect, process, and disclose your Protected Health Information (“PHI”) as a Business Associate.  Under HIPAA, a Business Associate is any person or entity that performs functions or activities on behalf of a covered entity that involves access to PHI.  When acting as Business Associate, we may be performing a number of functions in support of the covered entity’s Treatment, Payment, or Health Care Operations, including but not limited to: (i) providing the HIW services to you; (ii) collecting, maintaining, transmitting, or processing your PHI; (iii) analyzing your PHI, either individually or as part of an aggregated data set; (iv) combining your PHI with other data collected or obtained by the covered entity; (v) de-identifying your PHI; and/or (vi) preparing a limited data set based on your PHI. As a Business Associate, we may only use your PHI for the purposes for which we were engaged by your Sponsoring Organization, must safeguard your PHI from misuse, and must assist your Sponsoring Organization to comply with its duties under HIPAA.  If you have questions about your Sponsoring Organization’s use of your PHI and your rights under HIPAA, we encourage you to consult that organization’s Notice of Privacy Practices.

Develop New Service Offerings.  We use personal information to analyze the needs and health risks of our members with the goal of developing new assessments and tools.  We are continually refining and improving the services to keep members challenged and engaged.

Develop New Business Opportunities.  We use data gathered through our advertising and marketing programs to build customer profiles of businesses that may be interested in our software.  We use that information to refine our existing products and identify opportunities for new lines of business.

Customer Support.  We use data to troubleshoot and diagnose product problems, restore service to customers, and provide customer support, including helping us to identify, investigate, and resolve potential security incidents.  This may include the use of automated systems to detect security and safety issues.

Management and Administration.  We use personal information for the management and administration of our agreements with corporate, institutional, and organization customers, including as necessary to respond to customer inquiries, track consumer and patient requests, aggregate and de-identify data, and prepare limited data sets, as authorized by the applicable contract.

Customize and Improve Our App and Website.  We use data that we collect on or through the App and the Website to analyze and improve the content, features, materials, and opportunities that we make available, evaluate member needs, and customize the content delivered to you according to those needs.

Promotional Communications.  We use the data we collect through our Website to deliver promotional communications.  Visitors to our Website can provide their contact information and express a preference concerning the sales and promotional materials they would like to receive.  You can sign up for email updates, request a call from a Sales representative, and sign up for updates concerning the products or topics that interest you.  For information about managing your contact data, email preferences, and promotional communications, see the “How to Opt-Out of Promotional Communications” section of this policy.

Advertising.  We use cookies, trackers, and similar technology to identify the business affiliation of visitors to our Website and build customer profiles of their companies.  Our advertising partners use cookies and tags installed on our Website to recognize and serve our visitors with advertising for our products and services.  These tags, such as Microsoft’s Universal Event Tracker (UET), allow our advertising partners to identify you even after you have left our Website.  Our partners may pair data about your activity on our site, or your interaction with our advertisements, with information they already have about you.  We participate in Microsoft Advertising, Google Ads, LinkedIn Ads, and Terminus advertising.  You can find more information about these programs and each advertiser’s use of your data by visiting their website and reviewing their privacy policy.  If you wish to discontinue an advertiser’s use of your data entirely, you will need to take advantage of that company’s opt-out procedures, which you can find posted on their website or in the applicable privacy policy.  Our opt-out mechanism, described in further detail below, extends only to the information that we collect.

Compliance and Protection.  We may disclose your personal information if we are legally required to do so. We may also use and disclose personal information to establish or exercise our legal rights as permitted by law, to enforce the applicable Terms of Use, to assert and defend against legal claims as permitted by law, or if we believe such disclosure is necessary and permitted to investigate, prevent, or take other action regarding actual or suspected illegal or fraudulent activities or potential threats to the physical safety or well-being of any person.

We May Use Your Personal Information to Develop a Profile of Your Wellness and Lifestyle Risk Factors

“Profiling” means any form of automated processing of personal data to evaluate, analyze, or predict personal aspects concerning an identified or identifiable individual’s economic situation, health, personal preferences, interests, reliability, behavior, location, or movements. HIW may build a profile of your overall wellness and lifestyle based on your survey responses, assessment results, and any health or personal information you have provided to us in person or through the HIW App. We will use your profile data, and any inferences we may draw therefrom, for the purposes outlined in this Privacy Policy. We do not use this information for an automated decision that results in the provision or denial of financial or lending services, housing, insurance, education enrollment or opportunity, criminal justice, employment opportunities, health-care services, or access to essential goods or services. Because we do not process your personal data for a decision that results in the provision or denial of essential goods or services, we have not provided you the opportunity to opt-out.

If you are receiving the services though a Sponsoring Organization, we may augment your profile with additional information provided by that organization. In such cases, our processing of your personal information will be governed by the terms of our contract with your Sponsoring Organization. If you submit an inquiry or request that concerns personal information that was not collected by us, we will either respond to you in accordance with our customer’s instructions or inform you that your request has been sent to your Sponsoring Organization and cannot be acted upon by us. You can learn more about your Sponsoring Organization’s use of your personal data in their Privacy Policy, typically found on the homepage of the organization’s public website.

How We Protect Your Personal Information

We are committed to protecting the security of your personal data and utilize a variety of security technologies and procedures to help protect your data from unauthorized access, use, or disclosure.  For example, we store your personal information on computer systems that have limited access and are in controlled facilities. However, we cannot and do not guarantee that our systems, or that any such transmissions or information, will be totally secure. Unencrypted internet communications are not secure, and no security measures are impenetrable. Please notify us immediately of any breach of security, or of this Privacy Policy, of which you become aware.

We Share Your Personal Information with Our Technology Service Providers

HIW uses technology service providers to develop, maintain, and operate our database, applications, and APIs. Because these services are a necessary part of our health and wellness coaching system, we do not provide you the opportunity to opt-out of this sharing. To the extent your health data constitutes Protected Health Information subject to HIPAA, we require all service providers to enter into written contracts ensuring that they will appropriately safeguard your PHI.

We Share Your Personal Information with Your Sponsoring Organization

We typically sell our services in one of two ways: (1) directly to you, the consumer, or (2) to a sponsoring corporation, institution, school, or other organization that will wishes to offer the services to you, usually as part of a health and wellness initiative, benefits plan, or other form of incentive program (each, a “Sponsoring Organization”). If you are receiving the services on behalf of a Sponsoring Organization, we may share your personal information as follows:

• Attendance History. We may share your name and attendance history with your Sponsoring Organization so they may assess their population’s level of participation and engagement.

• Deidentified Wellness Scores, Risk Profiles, and Wellness Analytics. We may provide your Sponsoring Organization with reports that describe the overall wellness of their population, the aggregate results of some or all assessments, and/or various risk factors that are present among the group as a whole. This information will be deidentified or, for HIPAA covered entities, based on a limited data set.

• HIPAA Permitted Uses. If your Sponsoring Organization is a HIPAA covered entity, we may share your Protected Health Information with that entity for any purposes permitted under HIPAA and the terms of our business associate agreement. HIPAA permitted uses include conducting population-based activities related to improving health or reducing health care costs and conducting case management and care coordination (including care planning). You can learn more about your Sponsoring Organization’s use of PHI in their Notice of Privacy Practices.

• With Your Authorization. If your Sponsoring Organization is not a covered entity, we may agree to request your authorization to share your personal information, including your health data, with that organization. In such cases, you will be presented with an authorization requesting your consent to share such personal information with the specific corporation, institution, or organization that is providing the HIW services to you. You are free to decline your authorization and to withdraw your consent at any time. In such cases, we will continue to provide you the services for as long as you remain eligible and/or the term of the applicable agreement.

We Share Your Personal Information with HIW Licensed Locations

You may purchase the HIW services from a corporate or licensed location. HIW licensed locations are operated as a component of an existing business in the health and wellness industry, such as a pharmacy. HIW licensed locations, and the Wellness Coaches they employ, are not agents of Healthy Is Wellness, LLC. Each location is independently owned and operated.
The HIW licensed locations may utilize the HIW App as a common scheduling portal when providing telecoaching services. If you schedule a telecoaching sessions with a Wellness Coach employed by a licensed location, we will share your personal information with that location. The personal information we share includes your name and contact information, account information, and billing information.
As a separate business, each of our licensed locations maintains its own privacy policy or notice in accordance with applicable state and federal law. This privacy policy governs the collection and sharing activities of Healthy Is Wellness, LLC, including that associated with our operation of the HIW App and the HIW Website. We do not control, and are not responsible for, any collection of your personal information by a licensed location that occurs outside of the HIW App or the HIW Website. To learn more about the information privacy practices of a HIW licensed location, you should contact the business directly or visit their corporate website.

We Share Your Personal Information with Our Payment Processor

We use Stripe, a third party payment processor, for payments, analytics, and other business services.  Stripe may collect personal data including via cookies and similar technologies.  The personal data Stripe collects may include transactional data and identifying information about devices that connect to its services.  Stripe uses this information to operate and improve the services it provides to us, including for fraud detection, loss prevention, authentication, and analytics related to the performance of its services.  You can learn more about Stripe and read its privacy policy at https://stripe.com/privacy.

To the extent allowable under law, by providing Stripe with a phone number during the purchasing process, you consent to receive text (SMS) messages, push notifications, and phone calls from Stripe.  Such communications may include, but are not limited to, requests for secondary authentication, receipts, reminders, notifications regarding updates to your account or account support, requests for product feedback, and marketing or promotional communications.  You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of making a purchase using Stripe.  Call and text message communications may be generated by automatic telephone dialing systems.  Standard message and data rates your cell phone carrier applies may apply to the text messages Stripe sends you.

You may opt-out of receiving promotional email communications from Stripe by following the unsubscribe options on such emails or by managing your communications preferences in the app.  You may opt-out of text messages from Stripe by replying STOP or by following instructions that you receive in the text message.  You may opt-out of phone calls by notifying the caller or by contacting Stripe’s at https://support.link.com/contact/login.

We Share Personal Data with Our Social Media and Analytics Providers

Our Site contains plug-ins and other features that integrate third-party social media platforms in our Site, like Facebook, Instagram, and LinkedIn.  You can activate these plug-ins manually by clicking on the icons located in the lower left-hand corner of our homepage.  If you do so, the subsequent collection and use of your personal data is subject to each company’s privacy policies.  We have no control over the collection and use of your information by Meta (Facebook and Instagram) or LinkedIn, should you elect to leave our homepage and visit their sites. 

Meta’s privacy policy is available here: https://www.facebook.com/privacy/policy/.  The information Meta collects includes information about your activity on various social media platforms; your friends, followers, and other connections; the device(s) you use and what you are doing on your device; and information from Meta’s partners, measurement vendors, marketing vendors, and other third parties.  If you would like to manage the information Meta collects about you, you can review your choices through Meta’s Privacy Center, here: https://www.facebook.com/privacy/guide/collection/.        

LinkedIn’s privacy policy is available here: https://www.linked.com/legal/privacy-policy/.  LinkedIn logs usage data when you visit the site, such as when you view or click on content or ads or perform a search.  LinkedIn also uses log-ins, cookies, device information and internet protocol addresses to identify you and log your use.  You can opt-out from LinkedIn’s use of data from cookies and similar technologies that track your behavior for ad targeting and other ad-related features here: https://www.linkedin.com/psettings/.  

We also use Google Analytics to facilitate marketing analytics and advertising.  Google Analytics collects first-party cookies, data related to the device/browser, IP address and on-site/app activities to measure and report statistics about user interactions on websites and/or apps that use Google Analytics (like ours).  Google uses Google data to provide the Google Analytics measurement service to us and their other customers.  Identifiers such as cookies and app instance IDs are used to measure user interactions with our Site, while IP addresses are used to provide and protect the security of the service, and to give us a sense of where our users are coming from. 

At present, Google provides users with an opportunity to opt-out of Google Analytics features through Google’s Ads Settings and their Opt-Out Browser Add-on, available here: https://tools.google.com/dlpage/gaoptout/.  We do not control these opt outs, which may be updated or removed in accordance with Google’s policies.  For more information about how Google uses data from sites that share information with Google, see https://www.google.com/policies/privacy/partner-sites (or other relevant URL that Google may provide from time to time). 

We Use Cookies on Our Site

Our Website is not intended to collect or communicate any form of health information.  We use our Website to provide information about the available HIW Services and to provide potential customers a means of requesting additional marketing and sales information.  Because our Website is used solely for advertising and marketing outreach, we use cookies to track our visitors.  A cookie is a file that is stored on your computer when you visit a website, including ours.  Cookies contain information about you and the websites you visit.  If the cookies are persistent, they will remain on your computer even after your browser is closed.  Permanent cookies are stored on your computer for a specific period of time and activate each time you visit the website that created the cookie.  Temporary “session” cookies let us know what you do on our Site, but are deleted when your browser is closed.  Our Website uses both persistent and temporary cookies to provide us with information about you and your interactions with our Website.  These cookies are issued as soon as you visit the Website, unless your browser settings are adjusted to prevent such an occurrence.

In addition to using our own cookies, we have allowed our advertising partners to place cookies on the Website to provide us with better insights into the use of our Website and to provide relevant advertising to you.  These advertisers may collect information about your online activities over time and across different websites through the use of their cookies, tags, and similar technologies.  Additional general information about cookies and how they work is available at www.allaboutcookies.org.

We Share Personal Information with Our Advertising Partners for Targeted Advertising

Our Website uses cookies, tags, and similar technologies to share personal information about our visitors with our advertising partners for advertising and marketing purposes, including individual end user tracking and cross-context behavioral advertising.  These services allow us to identify businesses that have visited our Website before and serve their representatives with ads for our products and services.  By placing these cookies and tags on your device when you visit our Website, or click on one of our advertisements, we are able to collect personal information about your device, such as your IP address, operating system, and browser, as well as your internet activity, including what you do after you have visited our Website or interacted with one of our advertisements.  This information is automatically shared with the advertiser responsible for the cookie or tag, who then uses that information to serve you with ads on our behalf.  You may opt-out of our sharing of your personal information for targeted advertising and marketing purposes by following the opt-out procedures described below, in the “How to Opt-Out of Our Sharing of Your Personal Information” section of this policy.  If you wish to exercise your opt-out rights with respect to interest-based advertising in general, we have also included information on some of the industry-wide resources available to you.  

Browser-Based Controls

When you use a browser, you may be able to control your personal data using certain features.  For example:

  • Cookie Controls. You can control the data stored by cookies and withdraw consent to cookies by using your browser-based cookie controls.  Should you choose to decline or block cookies by adjusting your browser settings, you may disrupt the operation of cookies that are essential to our Site.  As a result, some or all of our Site may be functional or accessible to you.
  • Tracking Protections. You can control the data third-party sites can collect about you using Tracking Protection in Internet Explorer (versions 9 and up) and Microsoft Edge.  This feature will block third-party content, including cookies, from any site that is listed in a Tracking Protection List you add.  This feature is not available on all browsers, and is often confused with a “Do Not Track” request.
  • Browser Controls for “Do Not Track.” Some browsers have incorporated “Do Not Track” features that can send a signal to websites you visit indicating you do not wish to be tracked.  Because there is not yet a common understanding of how to interpret the “Do Not Track” signal, not all services respond to this browser signal.  Until the industry reaches a common understanding of how to treat these signals, you should use the “Do Not Track” feature in conjunction with another form of opt-out.  Many websites still collect and use your browsing data to improve security, provide content, services, ads and recommendations on their websites, and generate reporting statistics.

If we receive or detect an opt-out preference signal from your browser or device, we shall treat the preference signal as a valid request to opt-out of our sharing of your personal information.   If the opt-out signal conflicts with your prior consent for such sharing, we may notify you of the conflict and provide you with an opportunity to consent to the sharing of your personal information.

How to Opt-Out of Our Sharing of Your Personal Information for Targeted Advertising

If you wish to opt out of our sharing of your personal information with our advertising partners, you can do so by clicking on the “Do Not Share My Personal Information” link at the bottom of our homepage, available here. Clicking on the “Do Not Share My Personal Information” link will immediately effectuate your right to opt-out of our sharing of your personal information for advertising and marketing.

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How to Opt-Out of Receiving Interest-Based Ads

Several of our advertising partners use online interest-based advertising to identify potential customers and show them advertisements that may be of interest.   They do this by pairing information about your activity on our Site, which they collect using cookies and tags from our Site, with information they have about you from other sources.   Our advertising partners use a variety of digital marketing networks and ad exchanges, as well as a variety of advertising technologies, like web beacons, pixels, ad tags, cookies, and mobile identifiers.  When you see one of our ads, that ad may be have been selected based on data processed by our advertiser, such as your interests and favorites, your location, your transactions, how you use their products, your search queries, or the content you view.  The ads you see may also be based on other information the advertiser has learned about you over time, using demographic data, location data, search queries, interest and favorites, usage data from their products and sites, and the information they have collected about you from the sites and apps of their advertisers and partners, of which we are one.  Our advertising partners – Microsoft, Google, LinkedIn, and Terminus – all offer interest-based advertising.

To learn more about interest-based ads or to opt-out of receiving third-party interest based ads, please visit one of the industry’s self-regulatory programs, such as the Network Advertising Initiative (NAI) or Digital Advertising Alliance (DAI).  Both programs offer opt-out resources to consumers, which you can access at https://optout.networkadvertising.org/ or https://youradchoices.com/control.   Please note that if you opt of interest-based advertising, you will still see advertisements – they will just not be tailored to your interests.   Also note that the opt-out preference is stored in a cookie, so if you delete your browser cookies, you may need to opt-out again in the future.

How to Opt-Out of Promotional Communications

You may request a call from our Sales team by providing your name, company, and contact information through our Site. If you elect us to provide us this information, it will be used for advertising and marketing purposes, including promotional communications and targeted advertising. If you would like us to stop using your contact information, you may send a request to [email protected]. You can also limit the types of communications you receive by submitting your communication preferences at [email protected].

We Do Not Sell Your Personal Data

We do not sell your personal data to any third party.  Should that change, we will: (1) update this Consumer Privacy Policy; (2) ask your consent to the sale of your personal data; and (3) provide you with an opportunity to opt-out at any time via the HIW Website.  Because we do not sell your personal data, we have not provided you the opportunity to opt-out.

Collection of Data from Children

We have no actual knowledge that we have sold or shared the personal information of consumers under 16 years of age.  Our products and services are not intended for use by minors and we do not knowingly collect information about or target advertising to anyone under the age of 16.

We Have Not Disclosed Personal Information to a Third Party in the Past 12 Months

We consider a “third party” to mean anyone other than: (1) a corporate, institutional, or organizational payer who has entered into a written agreement to provide the services to you as an incentive, wellness initiative, or other benefit; (2) a service provider; or (3) a contractor. We do not disclose personal information to third parties unless required to do so to comply with federal, state, or local law; comply with a civil, criminal, or regulatory inquiry, investigation, subpoena, or summons by federal, state, or local authorities; cooperate with law enforcement agencies; or exercise or defend a legal claim.

Linked Sites

For your convenience, some hyperlinks may be posted on our Website that link to external Web sites which we do not control. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of other companies. You should not assume that our Privacy Policy applies to any external sites, or that the policies applicable to those sites are similar to ours. You will need to review each site’s privacy policy to understand how your personal information will be collected and used by the owner of the site.

Account Deletion Requests

You may request that we delete your user account on our Mobile App and the user data associated therewith by contacting us at [email protected].   Please identify the subject of your email as “Account Deletion Request” in the subject line. 

If you no longer wish to receive the HIW’s coaching services, we will close your Mobile App account.  Closing your account may not result in the deletion of all associated data.  In many cases, HIW acts as a service provider to an organization that has a pre-existing customer, patient, or employment relationship with you.  We may also be acting as a technology services provider to an independent HIW licensed location.  If we have collected your information on behalf of your sponsoring organization or a licensed location, we will coordinate the resolution of your request with that entity.  HIW will either act on behalf of that business in accordance with the business’ instructions for responding to an account deletion request or inform you that we cannot delete your data because we are acting as a service provider. 

Please bear in mind that the HIW Mobile App is intended to facilitate an in-person coaching session that involves the collection of personal health data through assessments, tests, and surveys.  Because that information is not collected through the HIW Mobile App, data deletion requires more than simply closing your account and deleting your user activity and registration information.  For that reason, we cannot provide an immediate or automated data deletion feature. 

We will not delete deidentified user data and reserve the right to retain certain user and network activity data for security, fraud prevention, and customer support.

Individual Rights under HIPAA

HIW is not itself a covered entity subject to HIPAA.  However, we regularly do business with covered entities that wish to provide the HIW services to their patients or customers.  If we have collected your personal information as a Business Associate to a covered entity, that information constitutes Protected Health Information subject to HIPAA and the terms of our Business Associate Agreement.  HIPAA grants individuals certain rights with respect to their PHI, including access to their medical records and other information, the right to request changes or amendments to their PHI, the right to request an account of disclosures, and the right to request certain restrictions on how your PHI is used or shared.  If we receive a request from you concerning our collection and processing of your PHI, we will respond to that request as authorized by the covered entity and in accordance with their instructions.

Consumer Rights – California, Virginia, Connecticut and Colorado

Certain states have enacted consumer data privacy laws affording the residents of their states specific rights with respect to the collection, use, and handling of their personal information.  If we are not providing the services on behalf of a covered entity (such that HIPAA would apply), you may be entitled to exercise certain rights under state law.  In making this notification, we do not concede the jurisdiction of any of these state laws, each of which impose certain threshold requirements and specifically exempt certain types of data.  If we receive a request to exercise consumer rights under any state privacy framework, we will analyze that request and our obligations on a case by case basis.  Nonetheless, you are hereby notified that you may be entitled to exercise any or all of the following rights under the laws of your state:

Rights of California Residents

The California Consumer Privacy Act (“CCPA”) confers certain rights on California residents with respect to the processing of their personal information.  These rights include:

  • The right to know what personal information we have collected about you;
  • The right to delete personal information that we have collected about you, subject to certain exceptions;
  • The right to correct inaccurate personal information that we maintain about you;
  • The right to opt-out of our sharing of your personal information, which you may exercise here; and
  • The right not to receive discriminatory treatment for the exercise of these rights, including an employee or applicant’s right not to be retaliated against. We will not discriminate against you because you exercised your rights under the CCPA.  Examples of retaliation include denying you goods or services, charging different prices or rates for goods or services, or suggesting that you will receive a different price or level of service based on your exercise of rights.

Under California law, the term “sharing” refers to the act of sharing, renting, releasing, disclosing, disseminating, making available, transferring, or otherwise communicating orally, in writing, or by electronic or other means, a consumer’s personal information to a third party for cross-context behavioral advertising.  In other words, your opt-out will apply to our sharing of your personal information for behavioral advertising purposes through the cookies and tracking technologies on our Website, and not to our sharing of your information with our service providers and your Sponsoring Organization (if applicable).

You may exercise your rights yourself or through an authorized agent, using the procedures outlined below.  No later than ten (10) business days upon receiving a request to delete, request to correct, or request to know, we will confirm receipt of your request and provide information about how we will process it.  If we have conducted business in California such that the CCPA applies to us, we will respond to you with a decision in 45 days, or, in unusual cases, an explanation of the need for an additional 45 days.  If we deny your request in whole or in part, we will explain the basis of the denial to you, unless prohibited from doing so by law.  We may deny your request on the basis that we do not conduct business in California in a manner or to an extent that would subject us to the jurisdiction of California law.

Rights of Virginia Residents

The Virginia Consumer Data Protection Act (“VCDPA”) authorizes certain consumer rights for residents of the Commonwealth of Virginia with respect to the processing of their personal data.  We will comply with a consumer request to exercise any of the following rights:

  • To confirm whether or not we are processing your personal data and to access such personal data;
  • To correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of the processing;
  • To delete the personal data provided by or obtained about you;
  • To obtain a copy of your personal data that you previously provided to us in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another controller without hindrances, where the processing is carried out by automated means; and
  • To opt-out of the processing of personal data for the purposes of (i) targeted advertising, (ii) the sale of personal data, or (iii) profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. You may exercise your right to opt-out of targeted advertising here.

We will respond to you without undue delay, but in all cases within 45 days of receipt of a request submitted pursuant to this policy.  The response period may be extended once by 45 additional days when reasonably necessary, taking into account the complexity and number of your requests.  In that event, we will inform you of the extension, together with the reason for it.

If we decline to take action regarding your request, we will inform you without undue delay, but in all cases and at the latest within 45 days of receipt of the request, of the justification for declining to take action and instructions for how to appeal the decision.  We may decline your request on the basis that we do not conduct business in Virginia in a manner or to an extent that would subject us to the jurisdiction of Virginia law.

You may address appeals to our Legal Department at [email protected].   Please identify the subject of your email as “Consumer Appeal” in the subject line.  A member of our legal team will review the action taken on your request, any matters you may wish to submit, and make a recommendation to our Chief Compliance Officer regarding the appropriate resolution of your appeal.  The Chief Compliance Officer will make the final decision on your appeal.  Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response, including a written explanation of the reasons for the decisions.  If we deny your appeal, we will provide you with an online mechanism, if available, or other method through which you may contact the Attorney General to submit a complaint.

Rights of Connecticut Residents

The Connecticut Data Privacy Act provides consumers the right to:

  • Confirm whether or not we are processing your data and access such data, unless such confirmation or access would require us to reveal a trade secret;
  • Correct inaccuracies in your personal data, taking into account the nature of the personal data and the purposes of our processing;
  • Delete personal data provided by, or obtained about, you;
  • Obtain a copy of your personal data if processed by us (or a service provider), in a portable and, to the extent technically feasible, readily usable format suitable for transmission to another company; and
  • Opt-out of the processing of personal data for the purposes of (i) targeted advertising, (ii) the sale of personal data, except as authorized under the Act, or (iii) profiling in furtherance of solely automated decisions that produce legal or similarly significant effects concerning the consumer. You may exercise your right to opt-out of targeted advertising here.

We will respond to you without undue delay, but not later than 45 days after receipt of the request.  We may extend the response period by 45 additional days when reasonably necessary, considering the complexity and number of your requests, provided we inform you of any such extension within the initial 45 day response period.

If we decline to take action regarding your request, we will inform you without undue delay, but not later than 45 days after receipt of the request, of the justification for declining to take action and instructions for how to appeal the decision.  We may decline your request on the basis that we do not conduct business in Connecticut in a manner or to an extent that would subject us to the jurisdiction of Connecticut law.

You may address appeals to our Legal Department at [email protected].   Please identify the subject of your email as “Consumer Appeal” in the subject line.  A member of our legal team will review the action taken on your request, any matters you may wish to submit, and make a recommendation to our Chief Compliance Officer regarding the appropriate resolution of your appeal.  The Chief Compliance Officer will make the final decision on your appeal.  Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response, including a written explanation of the reasons for the decisions.  If we deny your appeal, we will provide you with an online mechanism, if available, or other method through which you may contact the Attorney General to submit a complaint.

Rights of Colorado Residents

The Colorado Privacy Act provides consumers the right to:

  • Opt-out of the processing of your personal data for the purposes of targeted advertising, the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning a consumer. You may exercise your right to opt-out of targeted advertising here.
  • Confirm whether we are processing your personal data and access such personal data;
  • Delete personal data concerning you;
  • Obtain your personal data in a portable and, to the extent technically feasible, readily usable format that allows you to transmit the data to another entity without hindrance.

We will inform you of any action taken on your request without undue delay and, in any event, within 45 days after receipt of the request.  We may extend the 45 day period by 45 additional days where reasonably necessary, taking into account the complexity and number of requests.  We will inform you of an extension within 45 days after receipt of the request, together with the reasons for the delay.

If we do not take action on your request, we will inform you, without undue delay and within 45 days after receipt of your request, of the reasons for not taking action and instructions for how to appeal the decision.  We may decline your request on the basis that we do not conduct business in Colorado in a manner or to an extent that would subject us to the jurisdiction of Colorado law.

You may address appeals to our Legal Department at [email protected].   Please identify the subject of your email as “Consumer Appeal” in the subject line.  A member of our legal team will review the action taken on your request, any matters you may wish to submit, and make a recommendation to our Chief Compliance Officer regarding the appropriate resolution of your appeal.  The Chief Compliance Officer will make the final decision on your appeal.  Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response, including a written explanation of the reasons for the decisions.  If we deny your appeal, we will provide you with an online mechanism, if available, or other method through which you may contact the Attorney General to submit a complaint.

Rights of Utah Residents

The Utah Consumer Privacy Act provides consumers the right to:

  • Confirm whether we are processing your personal data;
  • Obtain information regarding the categories of personal data concerning you that we have collected;
  • Correct inaccurate personal data concerning you, taking into account the nature of the personal data and the purposes of the processing of the personal data;
  • Delete any personal data that you have provided to us;
  • Obtain a copy of the personal data you have previously provided to us, in a format that is (i) portable; (ii) to the extent practicable, readily-usable; and (iii) allows you to transmit the data to another controller without impediment, where the processing is carried out by automated means.

We will inform you of any action taken on your request without undue delay and, in any event, within 45 days after receipt of the request.  We may extend the 45 day period by 45 additional days where reasonably necessary, taking into account the complexity and volume of requests.  If we elect to extend the 45 day response period, we will inform you of the extension, including the length of the extension, and provide the reasons the extension is reasonably necessary. 

If do not take action on your request, we will inform you, without undue delay and within 45 days after receipt of you request, of the reasons for not taking action and provide instructions for how to appeal the decision.  We may be precluded from acting on your request because we are acting as a service provider with respect to the processing of your personal information, and not as a controller.

You may address appeals to our Legal Department at [email protected].  Please identify the subject of your email as “Consumer Appeal” in the subject line.  A member of our legal team will review the action taken on your request, any matters you may wish to submit, and make a recommendation to our Chief Compliance Officer regarding the appropriate resolution of your appeal.  The Chief Compliance Officer will make the final decision on your appeal.  Within 60 days of our receipt of your appeal, we will inform you in writing of any action taken or not taken in response, including a written explanation of the reasons for the decision.  You have the right to appeal our decision to the Utah Division of Consumer Protection, which you can contact at (801) 530-6601 or [email protected].  

How to Exercise Your Rights

You can submit a request to exercise your rights to us via email at the following address: [email protected].  Please identify the subject of your email as “Consumer Rights Request” in the subject line.  If you wish to send us supporting documentation concerning sensitive personal information, please contact us at (406) 589-5613 to discuss the most secure means of transmitting the information.  If you are requesting a copy of your personal data, we may contact you to determine a technically feasible and secure means of providing you with a copy, in light of the sensitivity of the data and the technology available to you.

Identity Verification and Authentication

Upon receipt of a request to exercise your rights with respect to your personal data or information, we will determine if we have collected your personal information.  If we have collected your personal information, we will confirm receipt of your request and contact you to verify your identity and state of residence.  The method by which we will verify your identity may vary, depending on the type and sensitivity of your personal information, the risk of harm to you, and the technology available to you.  If we cannot verify your identity with reasonable certainty, we will deny your request and inform you that your identity cannot be verified.  Although you have no obligation to cooperate with our efforts to verify your identity, we cannot act on your request until you have done so.

You will not be required to verify your identity to opt-out of our sharing of your personal information for advertising, which you can do here at any time here.

Using an Authorized Agent

You may authorize an agent to submit a request on your behalf.  If you do so, we will require you to: (1) verify your identity directly with us, and (2) directly confirm that you provided your agent with permission to submit the request.

Changes to this Privacy Policy

We update this policy when necessary to provide greater transparency or in response to feedback from our customers or regulators; changes in industry standards or frameworks; changes in the capabilities or functionality of our products and services; or changes in the scope of our data processing activities.  When we post changes to this policy, we will revise the “Last Updated” data at the top of the policy.  If there are material changes to the policy, such as a change to the processing of your personal data that is not consistent with the purpose for which it was originally collected, we will notify you by either (1) prominently posting a notice of such changes before they take effect; or (2) by directly sending you a notification.  We encourage you to periodically review this policy for updates.

Changes in Control

As Healthy Is Wellness, LLC, grows and develops its business, it is possible that its corporate structure or organization might change or that it might merge or otherwise combine with, or that it or portions of its business might be acquired by, another company. If we experiences a Change in Control (as defined below), then we may amend our privacy and information usage practices described in this Privacy Policy. Additionally, you should expect that, as permitted by law, your personal information will be one of the assets that will be transferred to the legal entity that succeeds our operation and ownership of the System. The privacy practices of the succeeding legal entity will then govern the personal information so transferred. However, if applicable law prohibits the succeeding legal entity’s privacy policy from governing your personal information, then this Privacy Policy shall continue to govern. For purposes of this Privacy Policy, “Change In Control” means any of the following events:  (i) a reorganization, merger, consolidation, acquisition or other restructuring involving all or substantially all of our voting securities and/or assets, by operation of law or otherwise; (ii) a general assignment for the benefit of creditors; (iii) appointment of a receiver for our business or assets; or (iv) our sale or liquidation, voluntarily or otherwise.

How to Contact Us

If you have any questions or comments concerning this Privacy Policy, our privacy practices, or any other questions about Healthy Is Wellness, the HIW App, our Website, or our products and services, please contact us at the numbers or addresses given below.

Healthy Is Wellness, LLC.
Attn: HIW Legal Department
555 Zoot Enterprises Lane
Bozeman, MT 59718
Phone: (406) 556-7572
Email: [email protected]

We will collect and retain the content of, and metadata regarding, any correspondence you may have with us. We may share your messages with those within our organization who are most capable of addressing the issues contained in your message. We will keep a copy of your message until we have had an opportunity to address your concerns.