Privacy Policy

Fruit Street Health, P.B.C. PRIVACY POLICY

Last updated: Oct 30, 2020

Please read this Privacy Policy (“Privacy Policy”) carefully. To use the Services as defined in our Terms and Conditions, including the Fruit Street Diabetes Prevention and Weight Loss Program that Fruit Street Health, P.B.C. ( “Fruit Street,” “we,” “us,” or “our”) provides, you, as a User of the Services as defined in the Fruit Street Terms and Conditions (“Terms & Conditions”) referenced below, must consent to this Privacy Policy. If you do not consent to the terms of the Privacy Policy, please do not access or use the Services.  

This Privacy Policy incorporates by reference our HIPAA Notice of Privacy Practices.

INTRODUCTION

1. Your privacy is important to Fruit Street, and Fruit Street is committed to carefully managing your individually identifiable information (“Personal Information”) in connection with the Services that Fruit Street provides. “Personal Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, an email address or other contact information. This Privacy Policy describes the information practices for Fruit Street, including what type of information is gathered and tracked, how the information is used, and with whom the information is shared. Fruit Street is committed to protecting the privacy of the data you provide in the Service as appropriate, but at the same time encouraging you to interact with and share information about your progress with other users using the Services.

2. Fruit Street is also committed to protecting the privacy of your protected health information (“Protected Health Information”). “Protected Health Information” is a subset of Personal Information that is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition; related health care services; or related to the past, present, or future payment for the provision of health care to you.

3. For a description of how we may use and disclose your Protected Health Information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), please refer to our HIPAA Notice of Privacy Practices (“HIPAA Notice”). Any conflict between this Privacy Policy and the HIPAA Notice with respect to such submitted Protected Health Information shall be governed by the HIPAA Notice.

4. Each User’s participation is also governed by the Fruit Street Terms and Conditions which is entered into and agreed to by each User prior to using the Website and the Mobile App. Unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings set forth in our Terms & Conditions.

Information That Fruit Street Collects

5. Personal Information. We have implemented this Privacy Policy because your privacy, and the privacy of other Service users, is important to us. We operate in accordance with applicable data protection legislation and regulations. We recognize the importance of protecting the privacy of Personal Information collected about our users. This Privacy Policy discloses what Personal Information we gather, how we use it, and how you can correct or change it. It is our intention to give you as much control over your Personal Information as possible to preserve your privacy, while still allowing us to utilize that Personal Information in the course of our business to provide you a valuable service.

6. Consent and Modification. By using the Service, you consent to the terms of this Privacy Policy and to our processing of Personal Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not use the Service. We reserve the right, at our discretion, to change this Privacy Policy at any time, which change shall become effective upon posting by the Company on the Website, the Mobile App, via the Service or sending you an email or other notification. You will be deemed to have agreed to Additional Terms (as defined in the Terms & Conditions) by your decision to continue accessing the Mobile App or the Website or otherwise using any of the Services following the date in which such Additional Terms become effective. By using the Services, you also consent to our use of Personal Information both retrospectively and prospectively.

7. Receipt and Collection of Information. We collect Personal Information from Users. In each case, you will only be required to provide the Personal Information that we need in order to be able to provide the services you have requested. You may be entitled under data protection laws to access and review the Personal Information that we hold on you, if you provide the necessary consent and background information and pay any mandated fee. All such communications regarding access to your personal data should be addressed to: support@fruitstreet.com. Such inquiries should clearly be marked as data protection queries and as being time sensitive.

In particular, we receive and/or collect Personal Information from you in the following ways:

  1. Fruit Street may collect and process Personal Information when User registers for or uses the Services.
  2. Fruit Street may collect and process certain Personal Information from User such as the User’s name, telephone number, e-mail address, mailing address, telephone number, user name, and password. Fruit Street uses the Users’ Personal Information that Fruit Street collects for the following general purposes: to fulfill User’s request for use of certain features of the Website and/or the Mobile App, to conduct surveys, and for Fruit Street’s billing purposes.
  3. Fruit Street may also collect and process Personal Information relating to User’s use of the Services and any details of any e-mail correspondence or any other social media interactions that User has with Fruit Street. Fruit Street will collect only as much Personal Information as Fruit Street needs for the purposes specified in this Privacy Policy, for purposes specified at the time of collection of the Personal Information, or for other purposes that you consent to in the future.

8. Personal Health Information. Fruit Street may obtain your personal health information from your health care provider upon User’s request and prior approval. Fruit Street may collect certain personal health information [through connected devices and by other means] such as User’s height, weight, blood pressure, blood glucose and gender, and display User’s biometrics to User based on these inputs.

9. Demographic & Non-Identifying Information. Fruit Street may collect and process demographic information from or about User from time to time, such as information about User’s gender, age, country, and zip code (“Demographic Information”). Fruit Street may collect this information through various forms and in various places in the Services, including account registration forms, contact forms, or when User otherwise interacts with the Website and/or the Mobile App. To the extent that Fruit Street combines any non-personally identifiable Demographic Information with User’s Personal Information that Fruit Street collects directly from User on the Website and the Mobile App, Fruit Street will treat the combined data as Personal Information under this Privacy Policy.  Fruit Street also collects data about User, including about User’s make-up, fitness level, health indicators, and related information that does not identify User and that enables User to fully participate in the Service.

10. Information Fruit Street Collects or Stores as User Accesses and Uses the Services.  In addition to any Personal Information or other information that User chooses to submit to Fruit Street via Fruit Street’s Services, Fruit Street and Fruit Street’s third party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever User visits or interacts with the Services (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to User’s personal computer, browser, laptop, tablet, mobile phone or other device (“Device”) whenever User visits or interacts with Fruit Street’s Website or the Mobile App. To the extent Fruit Street associates Usage Information with User’s Personal Information Fruit Street collects directly from User on the Website, Fruit Street will treat it as Personal Information.

This Usage Information may include:

  • User’s IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to User’s Device used to access the Website or Mobile App, and Fruit Street’s computers identify User’s Device by its Device Identifier;
  • User’s Device functionality (including browser, operating system, hardware, mobile network information);
  • User’s subscription level;
  • the URL that referred User to Fruit Street’s Website;
  • the areas within Fruit Street’s Website or Mobile App that User visits and User’s activities there, including remembering User, User’s preferences and pages User requested and/or viewed;
  • User’s Device location;
  • User’s Device characteristics; and
  • certain other Device data, including the time of day, among other information.

TRACKING TECHNOLOGIES

11. Fruit Street may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on User’s Device. This information may be shared with partners in order to accomplish various health and business purposes, including but not limited to a) measuring and improving the user experience, b) capturing user participation and adherence to the treatment logic of the application, c) measuring completion of various milestones tied to health or business outcomes, d) auditing participation and performance of individual participants, for both health and billing purposes.

USE OF PERSONAL INFORMATION

12. Except as set forth in this Privacy Policy or as specifically agreed to by User, Fruit Street will not disclose any information Fruit Street gathers from User. Except as set forth in this Privacy Policy, Fruit Street does not share User’s Personal Information with third parties for those third parties’ direct marketing purposes. Fruit Street may provide to third parties information about User that does not allow User to be identified or contacted, including where such information is combined with similar information of other users of Fruit Street’s Website, Mobile App and Services. For example, Fruit Street might inform third parties regarding the number of unique users who visit and/or use Fruit Street’s Services, the demographic breakdown of the registered users of Fruit Street’s Services, or the activities that users engage in while on Fruit Street’s Website or Mobile App.

13. Fruit Street may use User’s information that Fruit Street collects about User:

  • to contact User occasionally to inform User of new Services features, or news or articles Fruit Street thinks will be of interest to User. Fruit Street may send User regular updates on issues Fruit Street thinks will be of interest to User;
  • to contact User with regard to User’s use of the Services and, in Fruit Street’s discretion, changes to the Services and/or the service policies;
  • for internal business purposes;
  • for purposes disclosed at the time User provides User’s information or as otherwise set forth in this Privacy Policy;
  • to provide User with information or services or process transactions that User has requested or agreed to receive including to send User electronic newsletters;
  • to provide User with marketing materials or relevant advertising, promotions and recommendations from Fruit Street or our business partners;
  • to enable User to participate in a variety of the Service features;
  • to process User’s account registration, including verifying User’s information is active and valid;
  • to identify User as the author of any comments that User sends to Fruit Street to be posted on the Website or Mobile App;
  • to ensure that content on the Website and Mobile App is presented in the most effective manner for User and for User’s computer or mobile device;
  • to provide User with information relating to any events held by Fruit Street, where User has consented to be contacted for such purposes; and
  • to provide User with access to User’s personal account.

User can always opt out of utilizing the Service, and accordingly opt out of Fruit Street’s use of User’s Personal Information, by sending an email to support@fruitstreet.com.

DISCLOSURE OF INFORMATION TO THIRD PARTIES

14. Fruit Street may share User’s Personal Information, including performance measurement information associated with User’s name that is collected or generated at the Website, Mobile App or through the Services.

15. Personal Information may occasionally be transferred to third parties who act for Fruit Street for further processing in accordance with the purposes for which the data was originally collected or for purposes to which User has subsequently consented. For example, sometimes a third party may have access to User’s Personal Information in order to support Fruit Street’s information technology or to handle mailings on Fruit Street’s behalf. If Fruit Street transfers User’s Personal Information to an outside agent or organization for such purpose, Fruit Street will take appropriate measures in an effort to protect User’s privacy and the Personal Information Fruit Street transfer.

16. Fruit Street may, in Fruit Street’s sole discretion, share or transfer Personal Information where permitted or required by law, to comply with legal process, to interact with anti-fraud databases, to protect User’s vital interests, to protect the security or integrity of Fruit Street’s databases or the Website and the Mobile App, to enforce the Terms & Conditions or protect the business or reputation of Fruit Street and/or its Business Customers, to take precautions against legal liability, to protect and defend the rights or property of Fruit Street and/or its Business Customers, for required institutional risk control, or for resolving disputes, inquiries or complaints with respect to User’s use of the Website, Mobile App and Services.

17. Fruit Street reserves the right to disclose and transfer all Personal Information: (i) to an operator of the Website or Mobile App or applicable database provided such entity agrees to be bound by the terms and conditions hereof to the extent applicable; or (ii) to a successor in interest of Fruit Street in connection with a merger, consolidation, restructuring, change of control, the sale of substantially all of Fruit Street’s interests and/or assets or other organizational change, including, during the course of any due diligence process, provided such successor entity agrees to be bound by the terms and conditions hereof.

USER CONTENT

18.  “User Content” is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images or nutritional information), data, questions, comments, suggestions or other content, including personally identifiable information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on or through the Services.

19.1 Fruit Street or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to User.

19.2 When the User posts information in places accessible to Others, Others may have access to this User Content and may have the ability to share it with third parties. Please think carefully before deciding what information User shares, including Personal Information, in connection with User’s User Content. Be aware that public postings (including group messaging with other Users) are not confidential. Please note that Fruit Street does not control who will have access to the information that User chooses to make public, and cannot ensure that parties who have access to such publicly available information will respect User’s privacy or keep it secure. Fruit Street is not responsible for the privacy or security of any information that User makes publicly available on the Service, the Mobile App or Website or what others do with information User shares with them on the Mobile App and Website.

20. Fruit Street is not responsible for the accuracy, use or misuse of any User Content that User discloses or receives from third parties through the Service.

21. Fruit Street may also publish User’s name, voice, likeness and other Personal Information that is part of User’s User Content, and Fruit Street may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities, provided that Fruit Street will not exercise such rights as to any User Content which identifies User in a public manner unless User provides a separate consent to Fruit Street in writing (email is sufficient) authorizing such use.

ANONYMOUS INFORMATION

22. We may use Anonymous Information (as defined below), or disclose it to third party service providers, to provide and improve the Service. We may also disclose Anonymous Information (with or without compensation) to third parties, including advertisers and partners, for purposes including, but not limited to, targeting advertisements. “Anonymous Information” means information which does not enable identification of an individual user, such as aggregated information about use of the Service. By using the Services, you also consent to our use of Anonymous Information both retrospectively and prospectively.

INFORMATION COLLECTION AND CHILDREN

23. The Service is neither directed to nor structured to attract children under the age of 13 years. Accordingly, we do not intend to collect Personal Information from anyone we know to be under 13 years of age. We will direct potential users under 13 years of age not to use the Service. If we learn that Personal Information of persons less than 13 years of age has been collected without verifiable parental consent, then we will take the appropriate steps to delete this information.

SECURITY

24. The security of your Personal Information is important to us. We follow generally accepted industry standards, including the use of appropriate administrative, physical and technical safeguards, to protect the Personal Information submitted to us. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect Personal Information, we cannot guarantee its absolute security or confidentiality.

25. Please be aware that certain Personal Information and other information provided by you in connection with your use of the Services may be stored on your device (even if we do not collect that information). You are solely responsible for maintaining the security of your device from unauthorized access.

AMENDMENTS

26. Fruit Street reserves the right to amend this Privacy Policy at any time as needed with notice provided to User. Changes will take effect upon User’s acceptance of the modified terms and User’s continued use of the Website, Mobile App and/or Services.

Last Updated: October 30, 2020


Notice of HIPAA Privacy Practices

This publication of this Notice of Privacy Practices (“Notice”)  is required by the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”). It describes how the Fruit Street Diabetes Prevention and Weight Loss program that Fruit Street Health, P.B.C. provides (collectively, “Fruit Street”, “we,” “us,” or “our”) may use and disclose your “Protected Health Information,” which is defined as information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition; related health care services; or related to the past, present, or future payment for the provision of health care to you.

HIPAA requires us to adhere by the terms of this Notice of Privacy Practices. We may change the terms of our notice at any time and those revised terms will apply to your Protected Health Information. You acknowledge receipt of this Notice by accepting our Terms & Conditions for using the Services provided by Fruit Street.

As set out in our Privacy Policy, you have agreed to our Privacy Policy by use of the Services.

UTILIZATION OF PROTECTED HEALTH INFORMATION

1. Your Protected Health Information may be used and disclosed by Fruit Street and its business associates (collectively, “Fruit Street”) as defined in our Privacy Policy, and by others outside Fruit Street that are involved in your care and treatment for the purpose of providing health care services to you.

2. Examples of usage of your Protected Health Information includes, but is not limited to, the following:

  • Payment: Your Protected Health Information may be used to obtain payment for your health care services from third parties.
  • Support Operational Activities: Including, but not limited to, quality assessment activities, review activities, training, licensing, and conducting or arranging for other business activities.
  • Sharing with Business Associates: We may share your Protected Health Information with “business associates” or other third parties that perform billing and healthcare services for Fruit Street. We have in place business associates agreements that protect the privacy of your Protected Health Information.
  • Disclosure Required By Law: Such use or disclosure will be made in compliance with the law and you will be notified by us of such use.
  • Public Health: We may disclose your Protected Health Information for public health activities and purposes to a public health authority that is permitted by law to collect or receive the information.
  • Health Oversight: Similarly, we may disclose Protected Health Information to a health oversight agency for activities authorized by law, such as audits, investigations, and inspections. Oversight agencies seeking this information include government agencies that oversee the health care system, government benefit programs, other government regulatory programs and civil rights laws.
  • Law Enforcement: We may disclose Protected Health Information, so long as applicable legal requirements are met, for law enforcement purposes.
  • Threat to Public Safety: Consistent with applicable federal and state laws, we may disclose your Protected Health Information if we believe that the use or disclosure is necessary to prevent or lessen a serious and imminent threat to the health or safety of a person or the public.
  • Information Not Personally Identifiable. We may use or disclose your Protected Health Information in ways that do not personally reveal your identity.

3.  By using the Services, you  consent to our use of Protected Health Information as described herein both retrospectively and prospectively.

INSPECTION OF PROTECTED HEALTH INFORMATION AND RESTRICTIONS ON ITS USE

4. You have the right to inspect and copy your Protected Health Information subject to applicable legal restrictions. You may inspect and obtain a copy of your Protected Health Information as long as we maintain it.

5. You have the right to request a restriction on the use or disclosure of your Protected Health Information. This means you may ask us not to use or disclose any part of your Protected Health Information for the purposes of treatment, payment or healthcare operations. If Fruit Street believes it is in your best interest to permit use and disclosure of your Protected Health Information, however, your Protected Health Information will not be restricted.

6. You have the right to request to receive confidential communications of your Protected Health Information from Fruit Street by alternative means or at an alternative location and we will accommodate reasonable requests.

ELECTRONIC COMMUNICATIONS

7. You may always contact us at support@fruitstreet.com and choose to communicate with us electronically. However, we warn you that we can make no guarantee that the email will be or will remain encrypted during the data transfer, and that there may be some level of risk that the information in the email could be read by a third party. By communicating with us via email, and, especially by making a request(s) to receive your information via unencrypted email, you acknowledge that you are aware that email is not a secure method of communication, and that you agree to the risks.

COMPLAINTS

8. You may complain to us or to the Secretary of Health and Human Services if you believe your privacy rights have been violated by us. You may file a complaint with us by notifying our Privacy Contact of your complaint by delivering your complaint to the following address:

      Complaints Fruit Street Health, P.B.C. 85 Broad Street 18th Floor New York NY 10004

Last Updated: October 30, 2020