PRIVACY POLICY

 

This Privacy Policy describes how RecovAware, LLC (“RecovAware”, “We”, “Us”, or “Our”) collects, uses, and/or discloses information obtained through the mobile application (the “App”) and governs the relationship between you (“You” or “Your”) and RecovAware as it relates to Your use of the App and collection, use and/or disclosure of Your information through the App and/or cloud-based services.  By using the App, you consent to the collection, use, and/or disclosure of your information as set forth in this Privacy Policy, and as may later be amended by Us.

 

Certain interactive features, including the interactive social function of the App, is open to the public, including, but not limited to, any and all users of the App.  Accessing the social function of the App provides You and all other users of the App the unique ability to interact with one another and discuss Your rehabilitation progress, share experiences and/or otherwise exchange information about the recovery process.  Therefore, consider Your comments and/or any and all content and/or information carefully before sharing and do not include anything that You would like to keep private. When accessing, using and/or posting any content and/or information through the social function of the App, You will be given the option of making any posting “Public” or “Private.”; RecovAware does not and will not choose for You whether to make the information that You choose to post, public or private.  ANY INFORMATION THAT YOU CHOOSE TO SHARE IS AT YOUR SOLE DISCRETION AND IN NO WAY WILL RECOVAWARE BE LIABLE NOR RESPONSIBLE FOR ANY RESULTING USE AND/OR FURTHER DISSEMINATION OF ANY INFORMATION THAT YOU CHOOSE TO SHARE. By uploading or otherwise making available any information through the social function of the App in the form of user generated comments or otherwise, you grant RecovAware the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein.  You are responsible for the content that you post. You may not impersonate any other person through the App. You may not post content that is obscene, defamatory, threatening, fraudulent, invasive of another person’s privacy rights, or is otherwise unlawful. You may not post content that infringes the intellectual property rights of any other person or entity. You may not post any content that contains any computer viruses or any other code designed to disrupt, damage, or limit the functioning of any computer software or hardware.  By submitting or posting content through the App, you grant RecovAware and any company substantially under the control of RecovAware, the right to remove any content or comment that, in RecovAware’s sole judgment, does not comply with the terms and conditions of these Terms of Use or is otherwise objectionable. You also grant RecovAware and any company substantially under the control of RecovAware the right to modify, adapt, and edit any content.

 

PLEASE NOTE THAT WE ARE PROVIDING THE APP SOLELY TO YOU AND NOT AS A SERVICE TO ANY HEALTH CARE AND/OR MEDICAL PROVIDERS.  NONE OF THE INFORMATION PROVIDED TO US, RECEIVED BY US, OR THAT WE OTHERWISE COLLECT ABOUT ANY APP USERS, OR MAKE AVAILABLE TO APP USERS THROUGH THE APP, CONSTITUTES NOR SHALL BE CONSIDERED TO BE “PROTECTED HEALTH INFORMATION” PURSUANT TO FEDERAL HEALTH PRIVACY LAWS, INCLUDING, BUT NOT LIMITED TO, THE HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT OF 1996 (“HIPAA”). IN THE EVENT THAT YOU VOLUNTARILY DECIDE TO SHARE INFORMATION THAT MAY BE DEEMED “PROTECTED HEALTH INFORMATION” PURSUANT TO HIPAA, CHOOSING TO SHARE SUCH INFORMATION IS AT YOUR SOLE DISCRETION AND IN NO WAY WILL RECOVAWARE BE LIABLE NOR RESPONSIBLE FOR ANY RESULTING USE AND/OR FURTHER DISSEMINATION OF ANY INFORMATION THAT YOU CHOOSE TO SHARE.  YOU ACKNOWLEDGE AND UNDERSTAND THAT YOU HAVE NO EXPECTATION OF PRIVACY OR CONFIDENTIALIY IN THE CONTENT AND/OR INFORMATION THAT YOU SUMBIT THROUGH THE SOCIAL AND/OR OTHER INTERACTIVE FEATURES OF THE APP. WE ARE NOT A HEALTH CARE PROVIDER, HEALTH PLAN, EMPLOYER, HEALTH CARE CLEARINGHOUSE OR ANY OTHER TYPE OF “COVERED ENTITY” AS DEFINED BY HIPAA AND/OR OTHER RELATED FEDERAL HEALTH PRIVACY LAWS AND/OR REGULATIONS.  

 

WHAT INFORMATION DO WE COLLECT THROUGH THE APP? 

 

Information You provide or permit us to access:

 

We and Our service providers collect any information that You provide or permit Us to access when You use the App, including, but not limited to, when You create a RecovAware account, which allows You to use the same sign-in details anywhere in the world; provide information about Your injury type and date, goals, physical activities, pain levels, range of motion, and survey scores; log Your daily physical activities; link fitness devices, other apps or other online services to the App; or otherwise contact Us through the App or Our Support site with a question, comment, or request. 

 

The information that You provide or permit Us to access can include, but is not limited to, Your name; Your contact information, such as email address and phone number; Your city, state, zip and/or postal code, and country; Your user name and password; Your age, date of birth, gender, height, and weight; information received from fitness devices, other apps or other online services that You link to the App; information about Your injury (date of injury, type of injury, etc.); information about Your daily activities, including exercise logs (e.g., walking, running, yoga, swimming, including location coordinates for GPS-enabled sessions and passively tracked activity data such as steps taken); data entered via free text fields, such as comments and annotations; health goals and targets specified within the App; and other information You provide when You contact Us through the App.  

Information automatically collected from Your mobile device:

Body Motion Information – Only if You expressly consent, We and Our service providers may collect or access information about Your body motion and activity classification information (even when You are not using the App).  If You expressly consent, We may use Apple Health Kit and Apple CoreMotion processor for the sole purpose of logging and displaying Your physical activities and range of motion.  We may analyze engagement data for research purposes designed to provide a personalized experience and motivate engagement in activities. You can always stop RecovAware from accessing Your data by changing the settings of Your mobile device.  Data collected from Apple Health Kit will never be used for marketing or advertising purposes.

Technical and Usage Information – Technical and Usage Information – We and Our service providers may automatically collect certain technical and usage information from Your mobile device (even when You are not using the App), including, but not limited to, information from Your mobile device’s Inertial Measurement Unit sensors (e.g., accelerometer, magnetometer, gyroscope, and pressure sensor); Your mobile device’s model, software version, IP address, and network status; information about your use of features, functions, or notifications on the device; and information about how and when You use the App and/or Your mobile device for the purposes of improving Our services (e.g. page views, sessions and/or button clicks).  However, in such cases, Your usage data is aggregated with the usage data of others and does not identify You or others individually. We and Our service providers may use and disclose this information as described in the sections below titled “How Do We Use Information Collected Through the App?” and “Under What Circumstances Do We Disclose Information Collected Through the App?”

HOW DO WE USE INFORMATION COLLECTED THROUGH THE APP?

 

We and Our service providers may use the information collected through the App for a number of purposes, including, but not limited to, operating the App, including providing to You the features and services available through the App; providing You with products, services, or information that You request; developing new products, services, algorithms and information; providing You with information about the App or required notices; delivering marketing communications, promotional materials, or advertisements that may be of interest to You; customizing Your experience when using the App, such as by providing interactive or personalized elements on the App and providing You with content  based on Your interests; allowing Us to improve the App and the services We provide, such as by better tailoring Our content to Our users’ needs and preferences; generating and analyzing statistics about Your use of the App; and detecting, preventing, and responding to claims of fraud, intellectual property infringement, violations of Our Terms of Use, violations of law, or other misuse of the App. 

 

We also may combine or aggregate any of the information that We collect through the App with other information that We collect as You interact with Our brand across apps, social media and marketing messages that We send You, offline, or elsewhere for any of these purposes.  In addition, We and Our service providers may de-identify Your information by removing information typically used to identify individuals (e.g., name, phone number, email address).

 

UNDER WHAT CIRCUMSTANCES DO WE DISCLOSE INFORMATION COLLECTED THROUGH THE APP? 

 

There may be circumstances where We and Our service providers may disclose the information collected through the App to third parties.  These include, but are not limited to, (a) as required by law, such as to comply with a subpoena or other legal process, or to comply with government reporting obligations, when We believe in good faith that disclosure is necessary; (b) to protect Our rights, Your rights, the integrity of the App, or Your safety or the safety of others; (c) to detect, prevent, or respond to claims of fraud, intellectual property infringement, violations of Our Terms of Use, violations of law, or other misuse of the App; (d) to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction, including in the event of a sale, merger, dissolution or similar event, in which We are acquired by or merged with another company or in which We sell, liquidate, or transfer all or a portion of Our assets; or (e) to Our service providers in order to help Us perform business functions in support of Our services.  In the event of disclosure to Our service providers, any third party will only be provided with the data necessary to perform their specific function, and the use of third party data will solely be to perform the specific requested function.

 

We may share some of Your account details (such as Your username, email address, and password) with Your cloud service providers for the purposes of identification and authentication, so that You can quickly and efficiently sign-on to Your RecovAware account from anywhere in the world.

 

WHERE IS YOUR INFORMATION PROCESSED?

 

Information collected through the App will be processed in and subject to the laws of the United States, and may be available to the United States government or its agencies under a lawful order made in the United States. 

 

HOW IS YOUR INFORMATION SECURED?

 

We have administrative, technical, and physical safeguards designed to safeguard the information collected through the App.  However, no information system can be 100% secure.  As such, We cannot guarantee the absolute security of Your information, and WE EXPRESSLY DISCLAIM ANY LIABILITY FOR ANY BREACH AND/OR THEFT OF YOUR PERSONAL INFORMATION, AND FOR ANY DAMAGES, THAT MAY RESULT FROM YOUR USE OF THE APP.  ADDITIONALLY, WE EXPRESSLY DISCLAIM ANY LIABILITY FOR DAMAGE TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER AND/OR MOBILE DEVICE EQUIPMENT OR OTHER PROPERTY AS YOU ACCESS OR BROWSE THE CONTENT AND/OR SOFTWARE ON THE APP OR DOWNLOAD MATERIAL FROM IT.  ALL RISKS, LOSSES AND COSTS ASSOCIATED WITH USE OF THE APP ARE SOLELY YOUR RESPONSIBILITY AND YOU HEREBY ACKNOLWEDGE AND AGREE THAT IN NO EVENT WILL RECOVAWARE, LLC’S TOTAL LIABILITY FOR ANY AND ALL DAMAGES EXCEED THE AMOUNT OF THE LICENSE FEES PAID BY YOU FOR THE APP FOR THE CURRENT TERM OF THIS AGREEMENT.  We are not responsible for the security of information that You transmit to the App over networks that We do not control, including the Internet and/or wireless networks.

 

HOW DO I OPT-OUT OF RECEIVING PROMOTIONS?

 

We provide You with opportunities to opt-out of receiving App promotional communications and newsletters by following the “unsubscribe”, “preference center”, or other opt-out instructions contained in Our promotional communications.  

 

CHILDREN’S INFORMATION

 

The App is not directed to, nor do We knowingly collect information from, children. 

 

CHANGES TO THIS PRIVACY POLICY

 

We reserve the right to, and at any time without notice to You, update, amend, revise and/or otherwise change this Privacy Policy.  The services We offer are likely to change over time, and therefore it is likely that Our Privacy Policy will need to be revised accordingly.  If We make any revisions that materially change the ways in which We use or share the information previously collected from You through the App, We will give You the opportunity to consent to such changes before applying them to that information.  Our most up to date Privacy Policy will be posted here.

 

CONTACT US

 

If You have any questions about this Privacy Policy or Our use or disclosure of Your information collected through the App, please contact Us by e-mail at Team@RecovAware.com.  Last updated 2/8/2019.

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