PRIVACY POLICY
This website (this ÒSiteÓ) is
provided by Tangerine Wellness, Inc. (ÒTangerineÓ) as part of a program of
online and offline services (collectively, the ÒServiceÓ) designed to help participating
users (ÒParticipantsÓ) manage their weight. This privacy policy has been created in order to state our
firm commitment to the privacy of our Participants. The following statement discloses how we gather information on
this Site and in the course of providing the Service generally, and how we may
use that information and share it with others.
1. The Health Information
We Gather, and How We Use It
2. The Other
Information We Gather, and How We Use It
3. Choice/Opt-out
4. Security
5. Improper Conduct
6. Your
Consent
7. Contacting Us
1. The
Health Information We Gather, and How We Use It.
The Service is designed to
provide Participants with a patent-pending method of managing their weight
through the use of financial incentives, health education, and peer
support. To help you manage your
weight, Tangerine will ask you to provide certain health-related information
(your ÒHealth InformationÓ) when you first register to receive the Service as a
Participant, over the course of your participation in the Service, and at the
conclusion of the program. This
Health Information is protected under the Health Information Portability and
Accountability Act (HIPAA). By
accepting this privacy policy, you are authorizing Tangerine to gather, use,
and disclose your Health Information in the manner described below.
What we collect:
The Health Information we
collect consists of your ÒStarting InformationÓ, your ÒNew WeightÓ, and your
ÒDaily InformationÓ, all of which are described below.
Before you can receive the
Service as a Participant, you will be required to provide the following
ÒStarting InformationÓ:
At the end of the program (or
on a monthly or quarterly basis during the program, if your employer is
providing monthly or quarterly prizes), we will also need you to provide an
updated measurement of your weight (your ÒNew WeightÓ).
To help you meet your weight
management goals, the Site contains tools for you to input three kinds of
optional ÒDaily InformationÓ during your participation in the Service:
á
Your weight on each day
á
What you eat each day
á
What sort of physical
activities you engage in each day
How we collect it:
If you are participating in a
free trial promotion of the Service, you will be required to self-report your
Starting Information when you register on this Site, and to log on to the Site
again to self-report your New Weight.
However, if your employer has asked us to provide professional
measurement services, your weight information may also be collected by a registered
nurse from time to time. We may
also arrange partnerships with health clubs, nutrition centers, or other
parties to help you provide this information.
You can submit your Daily
Information on the Site by entering the data on the ÒWeight & StatsÓ,
FoodsÓ, and ÒActivitiesÓ pages of the Site. Unlike your Starting Information and New Weight, the Daily
Information is completely optional.
If you do not wish to provide it, you donÕt have to. You can provide Daily Information for
one day, and not another. ItÕs entirely up to you. However, we believe that
providing complete and accurate Daily Information will help you get the most
out of the Service.
What we do with it:
What we donÕt do
with it:
We will never share your Health
Information with any person, including your employer, in any way that could be
used to personally identify you.
We may, however, aggregate your Health Information with other ParticipantsÕ
information in a non-identifying way, so that we can include it in reports,
studies, or other materials describing the Service, or for our own internal use
in improving the Service. For
example, we may aggregate your Health Information with that of other
Participants to report to your employer that Ò23 percent of the Participants
lost at least eight pounds,Ó or that ÒThe Accounting Team lost a total of 15
pounds.Ó We may also aggregate the
Health Information of all Participants (across employers) so that we may
generally state that Ò53 percent of our Participants are femaleÓ or that Ò28
percent of our Participants are between the ages of 40 and 49.Ó Or we may use your Daily Information so
that we can state that ÒOn average, Participants who updated their food and
activity information at least once a week were 34% more likely to reach their
personalized weight loss targetsÓ or ÒNineteen percent of our Participants ate
pizza at least three times per month.Ó
Our deletion policy:
We delete our ParticipantsÕ
personally identifying information promptly after the end of their employerÕs
subscription to the Service. You
may also request that we delete your personally identifying information at any
time, but you will no longer be able to use the Service once we have deleted
that information.
Once information that could
be used to identify you has been removed, the information that remains may be
used and shared by us as permitted by law. There is no scheduled date at which this non-identifying Health
Information will be destroyed or no longer used. This is because once we
aggregate data as described above, we continue to use and analyze that data on
an ongoing basis.
2. The
Other Information We Gather, and How We Use It.
Registration Information
To receive the Service, you
must first register as a Participant on this Site. During your registration, we will ask you for your e-mail
address, your preferred user name, and your preferred password. (As discussed above, we will also ask
you for your Starting Information during registration.)
We will use your username and
password to control access to the Site.
Your username and password will be required in order to access your
information via the Site. Note
that if you post a message on one of the SiteÕs bulletin boards or send a team
message on the ÒWeight & StatsÓ page, your username will be visible to any
person reading that message. As
such, you may wish to select a username that is unrelated to your real name.
We will use your e-mail
address to send you important information about the Service (such as changes to
this privacy policy). You may also
opt to receive the following notifications:
á
Daily reminders to log
on to the Site to update your Daily Information
á
Periodic health
improvement tips
á
Messages from your team
members
á
Information about our
company and promotional material on behalf of our partners
You may opt out of receiving any
of these messages (other than messages containing important information about
the Service); see the choice/opt-out section below.
We may also ask you for your
actual name when you register, so that we can identify you as the appropriate
recipient of any prize which you have earned through the Service. We will not use your name for any other
purpose without your consent.
Your registration information
is generated by you and you only, and you can access, modify and review this
information at any time and for any reason. If youÕd like to change, modify, or
review information previously provided, log on to this Site and go to the
ÒSettingsÓ page. You have the
ability to review, change, delete, and update most of the information you
provide during registration other than the Starting Information (if there is
information that you need to change that cannot be changed through the Site,
please use the contact information below to formalize your request). If you have any questions regarding the
update of your profile information, please e-mail us at info@tangerinewellness.com or send
us mail at Member Support, Tangerine Wellness, Inc., 9 Hawthorne Place, Suite
15-D, Boston, MA 02114.
Prize Information
As discussed above, if your
employer has agreed to provide prizes to Participants, we will use your Health
Information to determine what prize you should receive based on your level of
weight loss. If you are eligible
to receive a prize, we may request contact information such as your actual name
(if you have not already provided it) and physical mailing address, so that we
can administer the distribution of your prize. You may also be required to fill out an affidavit of
eligibility before you receive your prize, so that we can ensure that we are
lawfully permitted to award your prize.
If your employer or any other
third party is administering the actual distribution of prizes, we will use
your name to inform them that you are eligible to receive a particular prize,
and we will provide your contact information as appropriate to facilitate your
receipt of the prize (but we will not provide your specific weight
information).
From time to time, we may
request that a given Participant allow us to use his or her name and other
information, including Health Information, to promote the Service. For example, we may want to tell
prospective Participants that ÒJohn Smith won $500 for losing 32 pounds!Ó We will never use your personally
identifying information in this manner without your consent, and we will never
condition your use of the Service, or your receipt of any prize, on any such
consent.
Team Messages and Bulletin
Boards
If you are participating in
the Service as a member of a team, you may send messages to your teammates from
the ÒWeight & StatsÓ
page. These messages will be automatically
e-mailed to your teammates who have opted to receive them, and will also be
visible to your teammates when they log in to the Site. The Site also contains general bulletin
boards where you may post messages for other Participants (and not just those
on your team) to see.
If you submit a team message,
or post a message on any of our message boards, your username will be displayed
with that message. Once you make any information public via the Site, we no
longer have any control over the information and anyone could view the information
that you have made public and use or distribute it in any manner.
On occasion, we may use
content you post in team messages or on our bulletin boards (or any other
public section of the Site) for promotional purposes, in e-mail newsletters, in
promotional collateral, or elsewhere, both on its own and aggregated with any
other information you provide through the Site (other than personally
identifying Health Information), and by submitting such content to the Site you
agree that we may do so. You should exercise caution when deciding to disclose
your personal information in these areas, since anyone — not just us
— may use publicly posted information.
Third Party Offers
From time to time, we may
inform you of special offers from certain of our partners that are identified
by name ("Partners"). To
participate in such offers, you may be asked to provide additional personally
identifiable information.
Information submitted in conjunction with an offer made by a Partner may
be shared with that Partner, in which case the PartnerÕs use of such
information will be governed by the privacy policy of that particular Partner.
Check the Partner's site for specifics.
Technical Data: IP
Address, Cookies, and Third Party Websites
Our Site may track your IP address
to help diagnose problems with our server, and to administer our Site. We may
use IP addresses to help identify you and to gather broad demographic
information. Note that we may also share IP addresses with legal authorities
when requested, or with your employer in the event of a violation of our
Participation Agreement.
Our Site may also use
ÒcookiesÓ (small data files that are stored on your hard drive) to save your
password so you don't have to re-enter it each time you visit. We do not use
cookies to retrieve personal information from your computer. The cookie we give you stores your user
id and tells us whether you've logged in or not. We need to know who you are so
we can do things like show you your personal Health Information instead of showing
you somebody else's. If you have your browser set to not accept cookies, then
you may not be able to log in to parts of this Site. We may also use cookies to
track the performance of promotions and offerings that we make available in
connection with the Service.
At times, advertisers on our Site
may set cookies when you view their advertising banner or other forms of
advertising. While we use cookies
in other parts of our Site (as noted above), any information collected by
cookies received with banner ads are collected by those advertisers (or their
third-party ad serving company or other agents), and we do not always have
access to that information. The
advertiserÕs (and/or its third-party ad serving company's or other agent's)
privacy policy will govern the use of this information, and Tangerine is not
responsible for the privacy practices of such third parties.
Both this Site and any e-mail
that you receive from us may contain links to other websites. We are not responsible for the privacy
practices or the content of such websites. As a general rule you should always
look for and review a site's privacy policy before giving out any personal
information.
Consent Requirements;
Aggregated Data
We do not sell your
personally identifiable information to third parties or mass marketers without
your consent. For example, we will
not sell another company your name or e-mail address without your consent. Unless you consent to the disclosure of
your personally identifiable information, only we and our affiliates, our
technical consultants, third party auditors and other third parties who make the
Site or Service available, enhance their functionality, or provide associated
services, or who deal with you in delivering content, samples, products, and
gifts and prizes, have access to this information. Please note that we do reserve the right to transfer your
personally identifiable information and other information to our successors in
business and purchasers of Site or Service assets, or in connection with any
outsourcing of Site or Service functionalities.
We may also disclose
aggregated data to our advertisers and Partners and other third parties to
generate reports, marketing and technical research and for related business
purposes. For example, we may tell advertisers how many people saw or clicked
on an ad and additionally, how many people saw or clicked on ads in different
portions of our Site. Where
available, we may offer additional information about viewer characteristics.
However, this does not include personally identifiable information about you or
your online usage patterns. Our advertisers allow us to provide our service to
you. In return, they need to know how to effectively place their ads to
potential customers.
3. Choice/Opt‑out
You have the option to sign
up for free e-mail updates when you register on this Site. You may also opt out
of receiving the updates at any time by updating your preferences on the
ÒSettingsÓ page of the Site.
4. Improper
Conduct
The restrictions above will not
apply in the event that you engage in certain improper conduct. Specifically, Tangerine
shall have the right to itself use or release to third parties (including law
enforcement and your employer) personally identifiable information regarding
users who are suspected of having used this Site or any other component of the
Service for any fraudulent purposes, for harassment, or for having otherwise
violated any law, rule or regulation or the rights of third parties or having
engaged in any conduct which Tangerine deems improper. By using the Service,
you are agreeing to our use or release of any information you provide in any
manner we deem appropriate or necessary if you are suspected of having engaged
in any conduct which we deem improper.
5. Security
This site has security
measures in place to protect the loss, misuse and alteration of the information
under our control. We make a diligent effort to ensure that our secure server
software (SSL) is the industry standard and among the best software available
today for secure commerce transactions. Our SSL encrypts all of your personal
information, including any Health Information, to protect the information as it
travels over the Internet. We also take contractual, administrative and
physical steps to protect against unauthorized access to and disclosure of
individually identifiable information. If, during their employment, Tangerine employees
acquire confidential or proprietary information belonging to Tangerine or its
users, such information will be handled in confidence and may not be disclosed
to unauthorized third parties. Please note, however, that no data transmission
over the Internet is 100% secure. As a result, we cannot guarantee the security
of the information that you transmit via our online services.
6. Your
Consent
By using the Service, you
consent to the collection, use, and storage of your personal and non-personal
information as described above.
You also authorize the export of personal information and its storage
and use as specified above when you provide such information to us. Our headquarters are located in the USA
in Boston, Massachusetts. This
policy and our legal obligations are subject to the laws of Massachusetts and
the USA, regardless of the location of any user. Any claims or complaints must be filed in the USA in the
State of Massachusetts.
We may amend our Privacy
Policy, but if we decide to change our Privacy Policy, we will post those
changes on this page, so you can always be aware of what information we
collect, how we use it and under what circumstances we may disclose it. Any changes will only apply to
information collected after the change is posted.
7. Contacting
Us
If you have any questions
about this privacy statement, the practices of Tangerine, or your experience with
the Service, you can e-mail us at info@tangerinewellness.com
or send us mail at Member Support, Tangerine Wellness, Inc., 9 Hawthorne Place,
Suite 15-D, Boston, MA 02114.