Privacy Policy - Mobile Health Club

MOBILE HEALTH CLUB PRIVACY POLICY

[Last Updated: October 14, 2021]

INTRODUCTION

This privacy policy (“Privacy Policy“) details how and why Big Star Labs LP (“Company” or “we”, “us”, “ours”) collects, uses and shares our users’ (“user” or “you”) data while you access, use and/or download any of the Company’s proprietary mobile health applications (“App(s)”), owned and operated by the Company. In order to protect your privacy and make sure you understand exactly what information may be collected from you, we provide for your reference this Privacy Policy.

This Privacy Policy is an integrated part of the Company’s Terms of Service (https://mobilehealth.club/terms.html) and, to the extent that the processing of personal data is based on consent (see below), is a legally binding agreement between the user and the Company. Definitions herein shall have the same meaning as defined in the Terms of Service. The Privacy Policy and Terms of Service shall be binding upon any user using or attempting to use the App or the Services (as defined and detailed in our Terms of Service), including any portion thereof.

ACCEPTANCE OF THE TERMS: BY USING THE APP OR SERVICES YOU HEREBY ACKNOWLEDGE THE TERMS OF THIS PRIVACY POLICY. ANY USE OR CONTINUED USE OF THE APP CONSTITUTES YOUR ACKNOWLEDGEMENT OF AND, WHERE APPROPRIATE, CONSENT TO THIS PRIVACY POLICY. IF YOU OBJECT TO THESE TERMS, PLEASE DO NOT ACCESS, DOWNLOAD OR USE THE APP OR SERVICES.

AMENDMENTS

We reserve the right to periodically amend or revise the Privacy Policy at our sole discretion; such changes will be effective immediately upon the display of the revised Privacy Policy. The last revision date will be reflected in the “Last Updated” heading. Your continued use of the App, following the display of the amended Privacy Policy, constitutes your acknowledgement of such amendments and, where relevant, consent thereto and your agreement to be bound by the terms therein. In the event of material changes that will affect your use of the App or Services or the data collection by us, we will endeavor to provide you with notifications through the App or by email.

WHAT TYPE OF INFORMATION DO WE COLLECT?

The first type of information we collect is non-identifiable information pertaining to a user, which may be made available or gathered via the users’ installation or use of the App, and for which we are not aware of and cannot determine the identity of the user from whom such non-personal information was collected (“Non-Personal Information”). Non-Personal Information which is collected may include your aggregated usage information and technical information transmitted by your device, including certain software and hardware information, all as detailed below:

Type of Information	Purpose	Opt-out
Standard web server log information (i.e., page views), search results data (keyword, order/index of results, links of results, title, description, and ads displayed). In order to avoid processing any Personal Information, we use an advanced cleaning algorithm designed to remove from browsing data any information that could be used to determine the identity of a user.	We use this information to provide, enable, and improve the App and our Services.	Uninstall the App directly from your device or through the app page on the applicable mobile application store.
Online Identifiers, including Internet Protocol (IP) address, Device ID, and “Global Unique Identifier”, which is a random number we generate to keep track of the amount of data sets we collect. We remove and delete the last segment of the IP address, so that it does not reveal specific location information, and we irreversibly encrypt the Device ID so that it cannot be used to identify you.
List of installed apps and usage of the installed apps. Note that we do not collect data from within the installed app, but rather solely aggregated data concerning use itself.
Type of device, operating system, device model name, whether the device is rooted, screen size and mobile network code.

The second type of information we may collect when you install and use the App is individually identifiable information, namely information that identifies an individual or may with reasonable effort allow the identification of an individual (“Personal Information”), which may include the following:

Type of Information

Purpose

Opt-out

In the event you contact us for support or other inquiries, either through an online form available on the Website, by sending us an email or by other means of communications we make available, you will be requested to provide us your name and email address.

We use this information solely for the purpose of responding to your inquiries and providing you with the support or information you have requested.

To request removal of your Personal Information, contact us at: dpo@mobilehealth.club.

Android access permissions (“Permissions”):

Device & Mobile App History
Wi-Fi and Network connections;
Internet Data;
Prevention of Mobile Sleep Mode & Run on Launching Mobile device;
Draw over other apps (i.e., “Appear on top”);
Accessibility (including disable Wi-Fi, vibration and Bluetooth); and
Storage.

All the Permissions are used for a user facing feature, such as:

Extending your device’s battery life;
Free Ram usage and speeding up the user mobile device;
Cleaning and making free space in your mobile device. Depending on the app you are using, we might also ask to access, modify and delete photos, media, and other files stored on your mobile device

to access these Permissions, you will need to actively enable them through an in-app permission or the mobile settings. You can disable the Permissions at any time through the “About” screen within the App, or by uninstalling the App directly from your device or through the app page on the applicable mobile app store however note, depending on the Permission you disable, a feature or all features might not properly operate.

By default, push notifications will be sent to you, to inform you of any Service-related matters. If you wish to opt-out from receiving these types of communications, you may turn them off at the device level.

HOW DO WE COLLECT AND USE YOUR INFORMATION?

We collect your information once you download, access or use the App or Services, and where applicable via the Android accessibility services feature. We will use the information to provide you with the Services, and deliver, manage and improve our App and Services. We may also use your Non-Personal Information for the purpose of aggregating it with other anonymized information to perform statistical analysis and to provide related marketing and analytical services, which do not describe or identify any individual user.

HOW IS THE DATA SHARED OR TRANSFERRED?

We do not share any Personal Information collected from you with third parties or any of our partners. However, we may disclose information you submitted if we have a good faith belief that disclosure of such information is reasonably necessary for any of the following reasons:

Compliance with the Law: We may share your information, solely to the extent needed to comply with any applicable law, regulation, legal process or governmental request or to enforce our policies (including our policies and agreements) including investigations of potential violations thereof or to detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues;
Corporate Transaction: We may also share Personal Information, in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation or asset sale). In the event of the above, our affiliated companies or acquiring company will assume the rights and obligations as described in this Privacy Policy.

If we combine Personal Information with Non-Personal Information, the combined information will be treated as Personal Information for as long as it remains combined.

The Non-Personal Information we collect may be used or shared in the above circumstances, as well as:

for the purpose of providing and improving our Services; or
internally within the Company, to conduct business and marketing analysis, and enhance your experience; or
with our partners as part of Company’s aggregated data analysis services. If we combine Personal Information with Non-Personal Information, the combined information will be treated as Personal Information for as long as it remains combined.

Notwithstanding the above, it is clarified that any data obtained through the Permissions will not be shared for any other purpose other than (i) as required by law or regulation; (ii) if needed for security and fraud detection; (iii) to provide the services and user facing feature; and (vi) in the event of merger and acquisition.

In addition, we may share your Non-Personal Information with our parent company, any subsidiaries, affiliates, joint ventures, or other companies under common control (collectively “Affiliated Companies”) solely if and when applicable or necessary for the purposes described in this Privacy Policy.

Note that we may also appoint third-party service providers, operating under our instructions, who may need access to your information in connection with their services on our behalf. Transfers of your Personal Information will be made in accordance with applicable data protection laws and regulations.

We will take the necessary steps to ensure that international transfers of personal data (including Personal Information) meet all requirements under applicable data protection laws. When personal data collected within the European Economic Area (“EEA“) is transferred outside the EEA, we will take the steps necessary to ensure that the transfer of such data provides sufficient safeguards, and you may exercise your rights, where applicable, to receive information on such transfer mechanism.

FOR HOW LONG WILL WE RETAIN THE INFORMATION WE COLLECT?

We may rectify, replenish or remove incomplete or inaccurate information, at any time and at our own discretion. We value your privacy and control over your Personal Information, and therefore you may, at any time, request the removal of your Personal Information by contacting our Data Protection Officer at: dpo@mobilehealth.club. Please note that unless you instruct us otherwise, we retain the information we collect for as long as needed to provide the Services and to comply with our legal obligations, resolve disputes and enforce our agreements.

USER RIGHTS

Unless you instruct us otherwise, we retain the information we collect for as long as necessary to provide the services described herein and to comply with our legal obligations, resolve disputes and enforce our agreements. The data we receive in the event you access our Website, App or Service via a third-party social or other network depends on your privacy settings with such network (i.e., Gmail, Yahoo). You should always review, and if necessary, adjust your privacy settings on third-party websites and services before linking or connecting them to our Service.

Where provided under applicable law (e.g., within the European Union), you may have the right to ask us to delete Personal Information which you have provided to us, subject to applicable exceptions, such as in order to preserve that information for anticipated litigation or demands from a regulator, or some or all of the following rights: the right to obtain information on our use of your Personal Information, the right to obtain a copy thereof, the right to data portability, the right of data rectification, the right to object to processing based on our legitimate interests, the right to restriction of the processing, and the right to withdraw your consent.

In order to assert any of these rights, please contact our Data Protection Officer at: dpo@mobilehealth.club. Note that we may request proof of your identity, and we reserve the right to charge a fee where allowed by law, such as in circumstances where your request is deemed to be excessive.

In addition, you may have the right to lodge a complaint with a supervisory authority, subject to applicable laws (as is the case in the European Union).

FURTHER RIGHTS GRANTED TO CALIFORNIA CONSUMERS

Consumers in the state of California are given additional rights related to Personal Information pursuant to the California Consumer Privacy Act (the “CCPA”).

The categories of Personal Information we collect, how we use it, and from where it is collected is described elsewhere in this Privacy Policy. The collection, disclosure and use of Personal Information may vary depending on the nature of the relationship between us.

California consumers have the following rights under the CCPA:

to request what types of Personal Information we collect and how we use, sell or disclose it
to opt out of our sale of Personal Information. “Sale” is defined broadly in the CCPA, so activities such as receiving any type of consideration for data may be a “sale” as defined in the CCPA. In certain cases, disclosing Personal Information for marketing purposes (for example to ad tech companies or third-party analytics providers) may constitute a “sale” for the CCPA. In all cases, we will not sell or share Personal Information except as provided in this Privacy Policy.
Subject to some exceptions, California consumers may make a request for the following:
- Deletion of Personal Information we have collected in the past 12 months;
- A copy of Personal Information we have collected in the past 12 months; and/or
- A description of the sources and categories of Personal Information collected, the purpose for its collection, the method of handling the information, and the parties it was shared with and why.

The requests described above are at no cost to the consumer. Requests can only include Personal Information collected in the prior 12 months and only 2 requests can be made in any 12-month period.

Only you, or someone authorized and registered with the California Secretary of State to act on your behalf is allowed to make a request under the CCPA. Requests must be sent by e-mail to dpo@mobilehealth.club.

All requests must be verified by confirming the requestor’s identity and authority to make the request. To do so, we compare the information in the request with the information in our files. We try to limit the amount of additional information required to verify a CCPA request, but we do require sufficient details to confirm the request, including confirming that the requestor is the person about whom the request relates (or is their authorized representative). We also require a request detailed enough for us to understand it and properly respond. If we are unable to confirm your identity or understand the request, we may decline to respond to it.

If we can verify and confirm a request, we try to respond within 45 days. If we need more than 45 days (it may be up to 90 days), we will inform you in writing, including the reason(s) we need more time.

Exercising your CCPA rights will not result in any discrimination against you. We will not deny you goods or services, or charge you more or give you lower-quality goods and services, as a result of you exercising these rights.

California consumers doing business with us also have rights under California’s “Shine the Light” law (Civil Code Section §1798.83) to inquire about Personal Information disclosed to third parties for the purpose of direct marketing. These requests can only apply the preceding calendar year, and only one is allowed per calendar year. Requests under the California Shines the Light law must be sent to dpo@mobilehealth.club.

We reserve the right to not respond to requests not submitted by email to dpo@mobilehealth.club.

DATA STORAGE AND SECURITY

All of the data we collect from or about your device is stored on servers in the United States. As there are inherent risks involved in all data transmissions over the Internet or wireless networks, and other security risks that apply to stored data, we cannot guarantee the security of your information, and we use our best efforts, using industry-standard encryption and security technologies and methods, to collect and store information collected from you in a secure and safe manner. If you are a resident of a European Union state or any other jurisdiction where transfer of your personal data requires your consent, then your consent to this Privacy Policy constitutes your express consent for such transfer of your data.

If you feel that your data and your privacy rights were not treated and protected in accordance with this Privacy Policy, or if any person attempted to abuse our App or acted in an inappropriate manner, please contact our data protection officer directly at dpo@mobilehealth.club.

AGE LIMITATION

You represent and warrant that you are at least 13 years of age and of legal competence to enter into the Terms. If you have any reason to believe that a child under the age of 13 has shared any information with us, please contact our Data Protection Officer at dpo@mobilehealth.club. If you are under 18, please be sure to read the Terms with your parents or legal guardians, and ask questions about things you do not understand.

If you have any questions about the App or the information that we collect about you and how we use it, please contact us at: contact@mobilehealth.club.