Privacy Policy

Last updated: May 26, 2020

Calibrate Health, Inc. (“Calibrate”, “we”, “us”, or “our”) respects the privacy of all users of our website located at www.joincalibrate.com and any associated websites, mobile sites and applications, products, and software (collectively, the “Sites”) and the services available through the Sites (the “Services”).  We are firmly committed to protecting the confidentiality of your Personal Information (as defined below).  This Privacy Policy describes how we collect and use your Personal Information through your online and offline interactions with us, including email, text, and other electronic communications between you and Calibrate, your data protection rights, and how to exercise them.  When referred to in this Privacy Policy, the term “Personal Information” includes any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, including any information that is subject to applicable data protection laws.

This Privacy Policy is incorporated into, and is subject to, the Terms of Use.  By using the Sites and the Services, you accept and agree to the practices described in this Privacy Policy.  In addition, your continued use of the Sites following the posting of any updates or changes to our terms and conditions means that you agree and accept such changes.  If you do not agree with this Privacy Policy, please do not use the Sites or the Services or provide us with any Personal Information. 

Capitalized terms used in this Privacy Policy and not defined herein shall have the definitions provided in our Terms of Use. 

Personal Information We Collect

Calibrate collects information that you provide, including but not limited to:

  • Personal and contact information, such as your name, address, telephone number, email address, birth date, gender, race, electronic signature, and federal or state issued professional identification 
  • Payment information, such as credit card information and billing address
  • Employment information, such as job title, professional experience, education, performance history, training records, income, salary, and compensation
  • Health information, such physical or psychological state of health (e.g., weight and laboratory data), disease state, medical history, medical treatment or diagnosis, health care provider information, activity metrics (e.g., steps taken and amount of exercise, calories burned, heart rate, and eating and sleeping habits)
  • Information you post, if you comment or otherwise provide information in a public space on the Sites; we collect a record of it and any Personal Information included in the comment
  • Information you provide through social media, including your photograph, social media handle or digital or electronic signature
  • Other information you give us when you contact our customer service team 
  • Username and password that you may select in connection with establishing your Account 

We may use automated technology such as cookies and other tracking software to collect Personal Information from your computer system or mobile device.  We may collect the following information:

  • Internet Protocol (IP) address or other device identifier
  • Browser type and version
  • Browsing information, such as pages you view and the links you click, and whether you access our website via a social media site
  • Time zone setting
  • Browser plug-in types and versions
  • Operating system and platform
  • Other portable device information
  • With your permission, we may also collect your precise location data.  We may also collect the time spent visiting, usage patterns, and the domain name of the website from which you linked to the Sites

In addition to the above, if you are a Provider, we may also collect:

  • Information about the Services with which you have engaged
  • Details about our interactions with you and the agreements you have executed with us
  • Public information related to your practice, such as license information, disciplinary history, legal and regulatory proceedings, and other due diligence information

How We Collect Your Personal Information 

We may obtain Personal Information:

  • When you provide it directly (such as by registering for your Account).  We might also collect information if you post a review or contact us
  • Automatically when you visit the Sites or use the Services (such as from cookies)
  • From your activity tracker or wireless-enabled wearable technology device (such as a Fitbit or Apple Health) that you choose to sync to the Services (such as your sleep minutes per day) 
  • From third parties (such as when you make payments to us using our payment processor) 
  • From our affiliates, including the Practice and the Providers (such as a professional health care provider, dietitian, or nutritionist) about your participation in the Services

We may combine information from different sources.  For example, we may combine information that we have collected offline with information we collect online, or we may combine information we get from a third party with information we already have.

If you submit any Personal Information relating to other people to us, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy.

Cookies and Other Tracking Methods 

Calibrate may use “cookies”, or small text files that are stored on your computer’s hard drive.  Cookies ensure that the Sites’ content is presented in the most effective manner for you and your computer. 

Strictly Necessary Cookies
These cookies are essential in order to enable you to move around the Sites and use their features.  Without these cookies, services you have requested, such as remembering your login details or submitted information, cannot be provided.

Performance Cookies
These cookies collect anonymous information on how people use the Sites.  For example, we use Google Analytics cookies to help us understand how individuals arrive at the Sites, browse or use the Sites, and highlight areas where we can improve such as navigation and marketing campaigns.  The data stored by these cookies never shows personal details from which your individual identity can be established.

Functionality Cookies
These cookies remember choices you make such as the country from which you visit the Sites, language, and search parameters.  These can then be used to provide you with an experience more appropriate to your selections and to make the visits more tailored and pleasant.  The information these cookies collect may be anonymized and they cannot track your browsing activity on other websites.

Targeting Cookies or Advertising Cookies
These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests.  They are also used to limit the number of times you see an ad as well as help measure the effectiveness of an advertising campaign.  The cookies are usually placed by third party advertising networks.  They remember the websites you visit and that information is shared with other parties such as advertisers. 

Social Media Cookies
These cookies allow you to share what you have been doing on the Sites on social media, such as Facebook and Twitter.  These cookies are not within our control, and are therefore subject to a third party’s rules and policies.  Social media companies may have their own privacy policies, which we strongly suggest you review if you use those websites or apps.

We may use different kinds of cookies including session ID cookies and persistent cookies.  Session ID cookies are used to personalize your user experience, to determine ways to improve the Sites and the Services we offer.  These cookies are deleted when you close your browser session.  Persistent cookies are used to collect information such as IP addresses, browser type, Internet Service Provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks.

You can change your settings for cookies and similar technologies by clicking on the cookie consent box on the Sites.  In addition, you can refuse or accept cookies from the Sites at any time by activating the settings on your browser.  You are always free to decline our cookies if your browser permits, but some parts of the Sites may not work properly if you do.  Check the “Help” menu of your browser to learn how to change your cookie preferences.  To find out more about cookies, visit www.aboutcookies.org.

We may also use technologies similar to cookies, such as Google Analytics.  We use Google Analytics to collect anonymized statistics in order to improve the Sites and the Services.  We do not combine the information collected through the use of Google Analytics with Personal Information.  You can selectively disable Google Analytics by installing the opt-out component provided by Google on your browser.  You can refer to the following links for more information: Google Analytics and privacy and Google Analytics opt-out browser.

Many web browsers allow for the use of a “Do Not Track” function to inform websites that you do not want your online activities tracked.  At this time, we do not track your or any other users’ Personal Information over time and across third-party websites.  We therefore do not respond to browser “Do Not Track” signals.

Uses of Your Personal Information

Calibrate may use your Personal Information to:

  • Operate our business (e.g., manage your Account, provide and personalize our Services, and process payments)
  • Respond to your contact inquiries
  • Provide customer support
  • Communicate with you, including about the Services and the related services offered by physicians, physician assistants, nurse practitioners, nutritionists, dietitians and other professionals that treat you (e.g., surveys and feedback) 
  • Provide you with newsletters, articles, alerts, announcements, invitations, and other information about the Services
  • Better design the Sites to improve users’ experiences, both in terms of content and ease of use
  • Analyze your interactions with the Services and third parties’ online services so we can tailor our advertising in ways we think will interest you
  • Analyze and learn about how the Services are accessed and used, evaluate and improve the Services (including by developing new products and services and managing our communications), and monitor and measure the effectiveness of our advertising
  • Ensure the security and integrity of the Services
  • Manage our vendor and partner relationships
  • Enforce our Terms of Use and other legal terms and policies
  • Protect our and others’ interests, rights, and property (e.g., to protect our copyrighted materials)
  • Comply with applicable legal requirements, such as tax and other government regulations and industry standards, contracts, and law enforcement requests
  • Track and monitor end user interaction with the Services

We may aggregate and/or de-identify data about visitors to the Sites and use and disclose it for any purpose, including product and service development and improvement activities and clinical research purposes.

Sharing of Your Personal Information

Calibrate will only share your Personal Information as described in this Privacy Policy, or when you otherwise consent (if required by law).  We may share your Personal Information with our partners and affiliates as necessary to contact you or provide you with the requested Services.  We may disclose your Personal Information to the Practice and the Providers, weight health coach, pharmacies, or other persons or entities working on your behalf, including without limitation, for arranging appointments or communications, providing weight loss and health care services as part of the Services, obtaining medication, or for payment or health care operations purposes.  Calibrate also may share this Personal Information to outside contractors, advisors, auditors, vendors, consultants, or others engaged by Calibrate to assist in providing financial or operational activities on Calibrate’s behalf, including technical and processing services and analysis of the Sites’ performance.  

Calibrate may disclose your Personal Information to third parties when obligated or permitted to do so by law or if we have a good faith belief that such disclosure is necessary to comply with a current judicial proceeding, court order, or legal process served on Calibrate or to investigate, prevent, or resolve any suspected or actual unlawful activities, such as potential fraud, or a perceived irregularity in any audits of the accuracy of any documentation or information submitted to Calibrate by you or on your behalf, as deemed appropriate by Calibrate.

Calibrate may be required or permitted by law to share your Personal Information, without prior notice to you, under certain circumstances including but not limited to, reporting adverse reactions to certain items, product recalls, preventing disease, and for health research purposes.  In accordance with applicable laws and/or in a good faith effort, Calibrate may disclose your Personal Information, without prior notice to you, to maintain, safeguard and/or preserve all the rights and/or property of Calibrate and perform under demanding conditions in an effort to safeguard the personal safety of users of the Sites and/or the general public. 

Finally, Calibrate may disclose or transfer information, including any Personal Information, to a successor entity (or potential buyer) in connection with a proposed or actual corporate merger, acquisition, consolidation, sale of assets, bankruptcy, or other corporate change.  In addition, in the event Calibrate becomes the subject of an insolvency proceeding, whether voluntary or involuntary, Calibrate or its liquidator, administrator, receiver, or administrative receiver may sell, license, or otherwise dispose of such information in a transaction approved by the court.

Additionally, we reserve the right to disclose to third parties non-personally identifiable information collected for any lawful purpose, including but not limited to, aggregate or de-identified data.

Security Methods 

Calibrate has implemented commercially reasonable physical, technical, and administrative security measures to protect your Personal Information, including a secure firewall and use of security infrastructure.  As an additional security measure, your Personal Information is also encrypted during transmission using SSL security, an industry standard secure technology.  SSL encryption is indicated on your Web browser by the display of a lock or key on the browser status bar.  Nonetheless, no such measure is ever 100% effective; therefore, we do not guarantee that your Personal Information will be secure from theft, loss, or unauthorized access or use, and we make no representation as to the reasonableness, efficacy, or appropriateness of the measures we use to safeguard such Personal Information.  We encourage you to use caution when using the Internet.  This includes not sharing your passwords.

If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your Account has been compromised), please immediately notify us by contacting us at legal@joincalibrate.com. 

Storage of Personal Information in the United States

All of the information that you provide to Calibrate will be stored and processed in the United States.  If you are accessing the Sites from other jurisdictions, please be advised that you are transferring your Personal Information to us in the United States where data protection and privacy laws may be less stringent than the laws of your country.  BY USING THE SITES, YOU CONSENT TO THE TRANSFER AND USE OF YOUR PERSONAL INFORMATION IN ACCORDANCE WITH THIS PRIVACY POLICY. 

Children

Calibrate does not knowingly or specifically collect Personal Information from users under the age of 13 and no one under age 13 is authorized to submit any information, including Personal Information, on the Sites.  If we determine that such information has been inadvertently collected on anyone under the age of 13, we will take the necessary steps to ensure that such information is deleted from our system's database.  If you are a parent or guardian and become aware that your child has provided us with information, please contact us using one of the methods specified below.

Links to Other Websites

The Sites may contain links to other websites that have information we believe may be of interest to you.  We do not endorse these websites.  While we try to link only to websites that share our high standards and respect for privacy, we are not responsible for the content of the websites or privacy practices employed by other websites.  We encourage you to read the privacy policy of each website you visit that may collect information or ask you to disclose Personal Information.  This Privacy Policy does not apply to information collected on external websites that may be linked to or through the Sites.  

Your Rights 

California Residents

Access to Specific Information and Personal Information Portability Rights

You have the right, subject to certain exceptions defined in the California Consumer Privacy Act (CCPA) and other applicable laws and regulations, to request that companies disclose certain information to you about their collection and use of your Personal Information over the past twelve (12) months.  This right of access includes information about:

  • The categories of Personal Information we collected about you
  • The categories of sources for the Personal Information we collected about you
  • Our business or commercial purpose for collecting that Personal Information
  • The categories of third parties with whom we share that Personal Information
  • The categories of Personal Information that each recipient received
  • The specific pieces of Personal Information we collected about you

Deletion Rights

You have the right, subject to certain exceptions defined in the CCPA and other applicable laws and regulations, to request that a company delete any of your Personal Information that it has collected from you and retained.

Non-Discrimination

California consumers also have the right not to receive discriminatory treatment if they exercise the rights listed herein. 

Exercising Access, Personal Information Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

  • Emailing us at legal@joincalibrate.com; or 
  • By mail at: 85 Fifth Avenue, 8th Floor, New York, NY 10003 

When you make a request, we may require that you provide information and follow procedures so that we can verify the request and your jurisdiction before responding to it.  The verification steps we take may differ depending on the request you make.  We will match the information that you provide in your request to information we already have on file to verify your identity.  If we are able to verify your request, we will process it.  If we cannot verify your request, we may ask you for additional information to help us verify your request.

Consumers will be required to submit their first and last name and email address and may be asked to provide their telephone number or address so that we can verify the request.  Please provide as much of the requested information as possible to help us verify the request.  We will only use the information received in a request for the purposes of responding to the request.

We are not required to respond to a consumer’s requests for access or disclosure of Personal Information more than twice in a twelve (12) month period.

Information Exempt from the CCPA

Note that certain information that is governed by other laws, such as the California Confidentiality of Medical Information Act (CMIA) or the Health Insurance Portability and Accountability Act of 1996, as implemented and amended (HIPAA), is not considered Personal Information with respect to the rights of California residents noted above.  However, additional rights might be available under those laws and standards.  Please contact legal@joincalibrate.com for more information.

Sale or Sharing of Personal Information

You have the right, subject to certain exceptions defined in the CCPA and other applicable laws and regulations, to request that companies stop selling your personal information and refrain from doing so in the future.  We are not currently selling your Personal Information. 

California Civil Code Section 1798.83 permits California residents to request a list of all third parties to which we, during the immediately preceding calendar year, have disclosed certain Personal Information for direct marketing purposes.  We do not share Personal Information with other people or non-affiliated businesses for their direct marketing purposes.  We are only required to respond to a customer request once during any calendar year.  To make such a request you should send a letter to 85 Fifth Avenue, 8th Floor, New York, NY 10003.  Please be aware that not all information sharing is covered by the California privacy rights requirements and only information sharing that is covered will be included in our response.

Nevada Residents

Although Calibrate does not sell Personal Information, Nevada residents have the right to submit a verified request directing Calibrate not to sell their Personal Information.  If you are a Nevada resident, and would like to submit such a request, please send your request to legal@joincalibrate.com. 

Other Jurisdictions 

The Sites are controlled and operated by us from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States.

Retention of Personal Information

Except to the extent prohibited by law, and subject to this Privacy Policy, we will retain and use your Personal Information for as long as it is needed to provide you with the Services you have requested or access to the Sites and the Services, to document our business relationship with you, and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

Privacy Policy Amendments

Calibrate reserves the right to modify, expand, or remove portions of this Privacy Policy from time to time.  Any and all changes to this Privacy Policy will be reflected here and the date new versions are posted will be stated at the bottom of this Privacy Policy.  Your continued use of the Sites and the Services indicates your agreement with these modifications and updates.  If you do not agree with the changes, then you should stop using the Sites and the Services and notify us that you do not want your Personal Information used in accordance with the changes.  If we make significant material changes in the way we handle Personal Information, we will send a notice to you at the email address that we have on file and/or by posting a prominent notice on the Sites. 

Where language on the Sites contradicts that found in this Privacy Policy, this Privacy Policy shall prevail.

Contact Information

If you have any questions about this Privacy Policy or the practices of Calibrate, please feel free to contact us at the following email, telephone number or mailing address:

Email: legal@joincalibrate.com

Mailing Address: Calibrate, Attn: Legal Department, 85 Fifth Avenue, 8th Floor, New York, NY 10016