Motivve Health Studios, LLC - Privacy policy

Last Updated: February 1st, 2024

I. Introduction

Motivve Health Studios, LLC d/b/a Motivv Health Studios (“collectively, “Motivv”, “we,” “our,” or “us”), provides products and services that were designed to make engaging you with your health more fun and accessible that may, among other things, promote and encourage improved health. Your privacy is important to us, as such, we are committed to respecting your privacy and maintaining the confidentiality of our users’ and visitors’ personal information (“User”, “Users’, “you”, “your” or “visitor”).
This Privacy Policy applies to your download, access to and/or use of any Motivv mobile game and/or application (together with all information and software associated therewith, the “Application” or “Applications”) whether on mobile phones, tablets, laptops, computers, website, or any other device and/or platform. It also applies to our Marketing and Advertising activities on all platforms and other Services that we will provide to you from time to time. This Privacy Policy also applies to any other online and mobile tools, websites, platforms, software, products and/or services that we may provide in relation to our Applications, such as customer support, social media, community channels and other websites that we may own and/or operate from time to time (we refer to all our Applications and other services collectively as our "Services").
We provide this Privacy Policy (“Privacy Policy”) to outline and describe the information Motivv collects from Users of the Services and how we may use, disclose and share this information. It also describes the choices available to you regarding our use of your information and how you can manage and update this information. All products and services that are governed by this Privacy Policy will include a link to and/or copy of this Privacy Policy on the home page of the applicable website and/or application. Some online services offered by or affiliated with Motivv may be governed by a separate privacy policy. Undefined capitalized terms used in this Privacy Policy will have the meanings set forth in our Terms of Service or in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as specified below.
Please read through the Privacy Policy carefully. By enrolling and/or continuing to use our Applications or other Services, you are agreeing to abide by the policies and practices contained in this Privacy Policy.

II. Your Acknowledgement of Applicability of this Privacy Policy by Using the Services

As described in this Privacy Policy, we may use and disclose your information to provide you with products and services and to improve your experience using those products and services. By accessing, using and/or interacting with our Services (both as a visitor and/or User), including any other website, online service or mobile application where this Privacy Policy is posted, you agree to the terms and conditions of this Privacy Policy and acknowledge that your information will be collected, used, stored, and disclosed in accordance with this Privacy Policy. We do not allow third parties to advertise to Users on our Services without explicit consent from you, which will be sought separately and not within this Privacy Policy.

III. Products or Services Covered by this Privacy Policy

We may reference certain types or groupings of Motivv products or services in this Privacy Policy where we believe information about those products or services might help you better understand our data collection and use practices related to those products or services.
Our products and services covered by this Privacy Policy include, without limitation:
  • Game Applications. Refers to your download, access to, and/or use of any Motivv mobile game and/or application made available as part of our Services (together with all information and software associated therewith, the “Application” or “Applications”) through any device, such as tablets, mobile phones, laptops, computers that you may play and/or interact with.
  • Health Tools & Resources. While using our game Applications you may have access to Services that provide you the ability to engage in various health and wellness-related activities, such as, for example, participating in various health-based missions and/or activities, tracking your progress toward achieving various goals and toward accomplishing various health-based missions and/or activities, interacting with health-related content, trivia, assessments and/or surveys, reviewing articles, accessing various resources, tools, applications, or health-related programs that may be available to you, allow you to find and schedule health care services, including searching for available health care providers and facilities (in or out of your network) and accessing certain health information and/or records (collectively, the “Health Tools & Resources”) as a way to enable our Motivv Partners (as defined below) to better understand your health needs while engaging you with your health and healthcare in a more fun and accessible way.
Please note that you may not be eligible for all of the products and services covered by this Privacy Policy.

IV. Information We Collect

We will collect information about you in a variety of ways, that may include certain PII, PHI, data and other information (“Information”) regarding your use of and interaction with our Services. Further information about how your PHI is disclosed to Motivv, and used, disclosed, and maintained by Motivv, is described below. This may be Information that you provide directly to us, that we automatically collect, and that we receive from third parties. The Information that is collected will depend on the Services and features made available to you, as well as how you use, interact and your level of participation with the Services. You are under no obligation to provide any Information to us at any time. However, if you choose to withhold some Information, we may be unable to provide you the Services, with the information you requested, or respond to your comments or questions.

Information You Provide Directly to Motivv
When you use the Services, you may provide certain information directly to us including where you use the Services to direct and authorize us to obtain information about you from other sources. Additionally, without limitation, when you use our Services, you may provide us with Information directly and/or indirectly in connection to and/or related to certain activities that may include for example:
  • information about yourself in connection with registering and/or signing into the Services, including registering or signing into our Services with Google, Facebook, or other third party linked accounts (collectively, “Third Party Linked Account”), that may include your email address, username, passwords, first and last name, phone number, date of birth, identification number and other information you may enter about yourself in other areas of the Services, such as your gender, age, mailing address, phone number;
  • information and/or responses to any health-related content, trivia, assessments and/or surveys that may be specific to certain health conditions, resources, tools, applications, health-related programs and/or other benefits information offered through the Services;
  • information about your health if you participate in various health-based missions and/or activities, which will be handled in accordance with HIPAA guidelines, that may be specific to certain health conditions, offered within the Services
  • information related toward progressing and/or accomplishing various health-based missions and/or activities offered within the Services
  • information about your health and wellbeing that may include current health conditions, past and present medical conditions, biometric information, medication prescriptions, wellness status, occupational status, and other information related to your health and wellbeing;
  • information related to your interaction and/or access with various websites, resources, tools, applications, programs and/or other health-related content offered within the Services
  • information about your location such as your address, city, state, and zip code, or, if you consent, your precise geolocation to help you search or locate providers and/or other facilities near you;
  • information related to searches for providers, including provider specialties, provider names, and provider location that may be offered in the Services
  • Information you may voluntarily share, send us, or provide as you submit any questions, feedback, or comments with our support team and/or contact us through any other online platform.

Information We Collect from Third Parties
Motivv enters into business relationships with business partners that may include, without limitation, health plans and/or health insurers, healthcare providers and networks, pharmaceutical companies, employers, other providers of healthcare related products or services, and companies that contract with health plans and/or health insurers, healthcare providers and networks, pharmaceutical companies, employers, other providers of healthcare related products or services, and/or other sponsoring organization (collectively, the “Motivv Partners'' and/or “Motivv Sponsor(s)”) to make our Services available to Users who are enrollees, members, patients and/or participants of such Motivv Partners. When you use the Services, we may collect Information about you from various sources, directly or indirectly, from or through applicable Motivv Partners as well as other third party sources to provide, support, and/or manage your use of the Services.
When you use our Services, your Motivv Sponsor may directly or indirectly provide us with information, which will be handled in accordance with HIPAA guidelines, to help confirm your eligibility for available Services, employment status, eligibility for benefits available to you, your use of those benefits, connect you with applicable services and/or programs, provide us with information to assist with your search for available health care providers and facilities, such as information related to in-network and out-of-network providers, and/or additional health and related services, and claims-related information to (a) generate aggregate reports to help Motivv and the Motivv Sponsor customize the Services based on the specific needs of its User base, (b) recommend specific health and wellness-related activities that would be most effective for you, and (c) help identify effective health and wellness-related activities based on changes to your claim history.
This data sharing would be limited to information necessary to support and/or manage your use of the Services. Please contact your Motivv Sponsor directly if you wish for your Motivv Sponsor to stop sending us information about you. Keep in mind that if you stop your Motivv Sponsor from sending us information you will no longer have access to the Services and will not be able to enroll in the Services.
Additionally, we may receive information about you from other sources including publicly available databases or third parties from whom we have purchased data (collectively, “Public Databases”). We may combine this data with information we already have about you. We may also combine publicly available aggregated census and demographical data with your Information. This can help us analyze our records to better evaluate the effectiveness of our Services. Examples of the types of Information that we may obtain from public databases may include, but are not limited to, (a) address information about you from third party sources, such as the U.S. Postal Service, to verify your address before we send you mail, (b) the U.S. Federal Do Not Call registry, to verify do not call preferences recorded there, (c) Census and other aggregate data sources containing statistical information about people who share some of your traits and demographic markers, (d) databases we have licensed from authorized data aggregators to improve the accuracy of our records and to enhance our ability to deliver relevant information to you on behalf of our Motivv Partners. However, we will never use or disclose your Protected Health Information (PHI) without your explicit consent.

Information We Collect Automatically
We, our Motivv Partners (see above for more information), and other third parties may use automated means to collect information about you, your computer, and/or other devices (such as a mobile phone, tablet, etc) that you use to access the Services, and your use of the Services. These automated means may include common technologies such as cookies, tokens, tags, web logs, web beacons, analytics tools or similar technologies . These technologies help us analyze trends, administer the Services, track Users’ movements around the Services, gather demographic information about our User base as a whole, and provide you with relevant and personalized content. We may receive reports on an aggregated basis based on the use of these technologies by Motivv, and any third party vendors acting on Motivv’s behalf. We will never receive reports on an individual basis that include any PHI without your explicit consent.

Cookies and Tracking
Cookies are small files that websites send to your computer or other Internet-connected device to uniquely identify your browser or to store information or settings on your device. Our Services may use HTTP cookies, HTML5 cookies, and other types of local storage. Cookies may include “single-session cookies” that generally record information during only a single visit to a website and then are erased, and “persistent” cookies that are generally stored on a computer unless or until they are deleted or are set to expire. You can learn more about Cookies by visiting www.allaboutcookies.org, where you will also find information about how to block and/or disable Cookies on different types of browsers by adjusting your browser preferences at any time. Please note, however, that without cookies you may not be able to use all of the features of our Services.
Our cookies, tokens and similar technologies (collectively, "Tracking Technologies") also are used for administering the Services, including without limitation, for authentication, to remember Users’ settings, to customize the content and layout of the Services for Users, to contact you about the Services, and to improve our internal operations, the content of our Services and our services. Users may be able to control the use of, or reject or disable, some Tracking Technologies at the individual browser level. If you reject or disable Tracking Technologies, you may still use our Services, but your ability to use some features or areas of our Services may be limited. We use Tracking Technologies to identify your device and keep track of your Internet session with our Services. Using these Tracking Technologies, we may automatically end your session on our Services after a period of inactivity (as determined by us in our sole discretion). We also use Tracking Technologies that allow us to recognize your device when you return to the Services within a certain period of time (as determined by us in our sole discretion) and automatically log you back into your account with us. UNLESS YOU AFFIRMATIVELY LOG OUT of your account PRIOR TO YOUR SESSION ENDING (whether by you or by us), YOU WILL BE AUTOMATICALLY LOGGED BACK IN THE NEXT TIME YOU OR ANY USER OF YOUR DEVICE VISITS OUR SITE within the period of time determined by us. However, no PHI will be accessible during these automatic logins without additional authentication measures. If you do not wish to be automatically logged back in when you (or someone using your device) next initiate a session with our Services (using the same device that is being used for your current session), you should log out of your account (i) prior to ending your session, or (ii) if you will be inactive on our Services for more than a few minutes.

Web Logs
In conjunction with the gathering of data through cookies, Web servers may log records such as your device type, operating system type, device advertising identifier, browser type, domain, and other system settings, as well as the language your system uses and the country and time zone where your device is located. The Web server logs also may record the address of the Web page that referred you to our Services, the IP address (and associated city and state or province for the IP address) of the device you use to connect to the Internet, and data about your interaction with our Services, such as which pages you visit. However, no PHI will be included in these logs without your explicit consent.

Pixels/Web Beacons
To control which Web servers collect information by automated means, we may place tags on our Web pages called "Web beacons" (or “pixels”), which are files that link Web pages to particular Web servers and their cookies. We may use pixels for security and fraud-prevention purposes. We also may include Web beacons in e-mail messages to record whether an email has been opened or whether certain links in such email have been clicked. We or third parties also may send instructions to your device using JavaScript or other computer languages to store or gather the sorts of data described above and other details about your interactions with the Services. We may use third party pixels on the Services’ registration and login pages. For example, we may use these pixels to assess your progress in registering for our Services. If you start but fail to complete the registration process, we may also use third party pixels to deliver reminders to complete your registration. We may also use these pixels to deliver notices about new and existing features on our Services. These reminders and notices may appear on other websites, and third parties who provide the pixels may use the information obtained from pixels for their business purposes. However, no PHI will be used or disclosed for these purposes without your explicit consent. To opt out of such use of third party pixels for advertising, please visit http://www.aboutads.info/choices

Online Analytics
We may use third party web analytics services on our Services, such as Google or Adobe Analytics. These service providers use the technology described in this “Information that is Automatically Collected” section to help us analyze how Users use the Services, including by noting the third party Web site from which Users arrive. The information (excluding any PHI, unless you provide explicit consent), including your IP Address, collected by the technology will be disclosed to or collected directly by these service providers, who use the information to evaluate your use of the Services. To prevent Google Analytics from using your information for analytics, you may install the Google Analytics Opt-out Browser Add-on by clicking here . You can also visit the Adobe Digital Marketing Suite to " Opt-Out " of data aggregation and analysis.

Additional Technologies on Motivvhealthstudios.com and Other Websites
Apart from our Applications and Health Tools & Resources, respectively, our corporate and other websites such as Motivvhealthstudios.com may contain additional technologies such as those described here. Motivvhealthstudios.com may include social media features, such as the Facebook button, and widgets, such as the Share This button or interactive mini-programs that run on the website. These features may collect your Internet Protocol address, which page you are visiting on the Motivvhealthstudios.com website, and may set a cookie to enable the feature to function properly. When you engage with our content on or through social media services or other third party platforms, plug-ins, integrations or applications, you may allow us to have access to certain information in your profile on those services, platforms, plug-ins, integrations or applications. For a description of how social media services and other third party platforms, plug-ins, integrations or applications handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings.
On Motivvhealthstudios.com and other websites, we may also allow third party service providers to use cookies and other technologies to collect information and to track browsing activity over time and across third party websites such as web browsers used to read our websites, which websites are referring traffic or linking to the websites, and to deliver targeted advertisements to you on third party websites. We do not control these third party technologies and their use is governed by the privacy policies of third parties using such technologies. For more information about third party advertising networks and similar entities that use these technologies, see http://www.aboutads.info/consumers and to opt out of such ad networks’ and services’ advertising practices, go to www.aboutads.info/choices and http://www.networkadvertising.org/choices . Once you click the link, you may choose to opt out of such advertising from all participating advertising companies or only advertising provided by specific advertising companies. We do not control these opt-out choices.
To opt out of Google Analytics for display advertising or customize Google display network ads, you can visit the Google Ads Settings page. Please note that to the extent advertising technology is integrated into the Services, you may still receive advertisements even if you opt out of tailored advertising. In that case, the ads will just not be tailored.

Mobile Application Technologies
Our mobile Applications may also collect information specific to your mobile device (including a smartphone or tablet), such as device information and/or other device setting, unique device identifiers (including facial and fingerprint authorization), your screen resolution, game-play information, and with your consent, precise geolocation information, motion coprocessor data (e.g. recording information such as steps, distance, and elevation), accelerometer data (showing whether you're stationary or moving), and gyroscope data.

Collection of Information Across Personal Devices and Applications
Sometimes, we (or our service providers) may use the information we collect—for instance, log-in credentials, IP addresses, hashed email addresses, and unique mobile device identifiers—to locate or try to locate the same unique Users across multiple browsers or devices (such as smartphones, tablets, or computers), or work with providers that do this, in order to better tailor content, features, and advertising (for Motivv on other sites), and provide you with a seamless experience across the devices you use to access our Services.

Protected Health Information
In some instances, we may collect Information about you that includes protected health information (“PHI”) and/or personally identifiable information (“PII”) as defined in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as amended. Motivv is not a covered entity as that term is defined in HIPAA. However, some of our Motivve Studios Partners are covered entities who maintain PHI about you. Some of the information that they share with us may constitute PHI. When they are permitted by HIPAA and their own privacy practices to share your PHI with Motivv, we have HIPAA business associate agreements in place to ensure that your PHI is received, created, stored, protected, used, disclosed and disposed of in a HIPAA-compliant manner. Further information about how your PHI is disclosed to Motivv, and used, disclosed, and maintained by Motivv, is below. To understand how and in what circumstances our Motivv Partners may share PHI with us, please refer to the Notice of Privacy Practices (“NPP”) and/or privacy policies of Motivv Sponsor, and other providers of healthcare related products or services that are covered entities.

V. How We Use Your Information

Motivv and third party vendors acting on our behalf, may use the information we collect through our Services for a variety of purposes. This may include, but is not limited to:
  • Register you for an account, log you into the Services, authenticate your identity, where applicable, and otherwise enable your access to and use of the Services;
  • Fulfill any request you make;
  • Send you authentication codes or otherwise contact you for multi-factor authentication of your identity;
  • Communicate with you (including, without limitation, via email and/or mobile push notifications);
  • Administer, or fulfill incentives and/or rewards when you participate in any rewardable activities;
  • Connect you with and provide you with information about Motivv or Motivv Partners’ services, providers of services, rewards, resources or programs to which you may have access, including benefits, disease management, or other health-related services or wellness programs;
  • Provide you with content, including, without limitation, generating recommendations (such as recommended activities, services, benefits, health-condition specific, incentives or rewards), and processing your preferences and requests;
  • Generate results in the Health Tools & Resource;
  • Facilitate your provider selection and provide you with benefits information;
  • Facilitate communications between healthcare providers and their patients;
  • Analyze, customize, and personalize the Services, including through the delivery of tailored content and communications;
  • Resolve disputes and/or troubleshoot problems including by logging into your account to troubleshoot problems or otherwise help you navigate the Services;
  • Verify your compliance with your obligations in our Terms of Service or other Motivv policies;
  • Process any job applications or inquiries about jobs with us, including assessing your qualifications for a particular opening you’ve applied for or any other opportunities at Motivv;
  • Improve the quality of the Services;
  • Other commercial reasonable purposes related to the operation and performance of the Services; and
  • Provide services as directed by you or provided for herein.
Except where prohibited by law, and only to the extent permitted by Motivv’s agreements with applicable Motivv Partners, we may also use your Information in connection with any other services we make available to you.

Creation and Use of Combined Data, De-Identified Data, and Aggregated Data
As permitted by law and by Motivv agreements with applicable Motivv Partners, Motivv, and any third party vendors acting on Motivv’s behalf, may aggregate and/or de-identify your Information and/or combine your Information with other information maintained or available to Motivv and use or disclose such information as follows:
  • We may use aggregated or combined data to communicate with you about our products and services and disclose such aggregated or combined data to our Motivv Partners in connection with providing the Services.
  • We may also use and disclose de-identified data, de-identified aggregated data, and/or de-identified combined data for improving our products and services, conducting analytics such as evaluating our Services and developing additional benefits, programs, and services, and disclosing to our Motivv Partners for analytics purposes.

How We Protect Your Information
The security of your Information is important to us. We follow security standards to protect the Information submitted to us from loss, interference, misuse, unauthorized access, disclosure, alteration or destruction, both during transmission and once we receive it. These safeguards vary based on the sensitivity of the Information that we collect, process and store and the current state of technology. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. We also maintain procedures to help ensure that such data is reliable for its intended use and is accurate, complete and current. If you have any questions about data security and integrity on our Services, you can contact us at privacy@motivvhealthstudios.com.

Be Sure to Log Off When Using Public or Third Party Computers
As described above, we use Tracking Technologies that may automatically log you back into your account with us unless you affirmatively log out of your account prior to your session ending (or prior to our Services "timing out" – i.e. our ending your session automatically after a period of inactivity as determined by us in our sole discretion). If you log into the Services using a public computer or device, or a computer and/or device that belongs to or is shared with another person, you should affirmatively log out of your account. Otherwise, the next user of that computer or device may be able to access your account and your Information in your account if your session has not ended.

Your Use of a Third Party Linked Account and/or Persistent Log-In
If you choose to use a Third Party Linked Account and/or persistent log-in with your account, such as (i) registering for our Services with your user email address and password, (ii) having our Services remember your user email address and/or password, (ii) logging into our Services using a Third Party Linked Account, or (iii) logging into our Services with verified unique device identifiers associated to your account (including, without limitation, facial and fingerprint authorization), third parties and/or others may have unauthorized access to your Information through your device (such as smartphones, tablets, or computers). If you are concerned about the unauthorized use or disclosure of Information via persistent log-in, you should elect to not use the persistent log-in feature.

VI. How We Share Your Information

We may share and disclose your information in the following circumstances.

Disclosures to Service Providers and our Motivv Partners
Motivv, and third party vendors acting on our behalf, may disclose your Information to Motivv Partners, third party service providers, or vendors acting on our behalf for the purpose of providing the Services and related services to you or other Users, including, without limitation, registering you to use the Services (e.g., authenticating your identity), logging you into the Services, providing you with information you have requested through the Services or related services, administering and providing incentives and/or rewards (if offered), related to your use of the Services, and connecting you with resources, tools, content and other services. Third party service providers or vendors acting on our behalf are authorized to use your Information to provide us services or as required by law, and they are also permitted to aggregate or de-identify your Information such that it is not identifiable to you.

Additional Disclosures with Your Consent
With your consent outside of this Privacy Policy, we or a Motivv Partner may share your Information with third parties or allow them to collect information from the Services in some ways not specifically described in this Privacy Policy. For example, we may ask and you may provide a HIPAA Authorization to enable us to share certain information with third parties, such as your health plan and/or health insurers incentive provider and/or other providers of healthcare related products or services. You may also be provided with an opportunity to use services provided by third parties, e.g. disease management programs. To streamline your login or registration for such services, we may share certain information with these third parties. Certain features of the Services may make it possible for you to share Information with other Users. If you choose to share information with others through our services, that information is not confidential. We cannot control how others will use the information you make available to others.

Safety, Security and Compliance with Law
We may share your Information and the contents of your communications through the Services to third parties only as is mandated by law. This may include complying with subpoenas and other legal processes, or when reasonably believe disclosure is necessary to enforce and protect our rights, including enforcing our Terms of Service and this Privacy Policy, responding to government requests or investigations, reporting unlawful activity, preventing and investigating fraud, and when necessary to protect the safety and security of our Users.

Subsidiaries and Affiliated Companies
We may share your information with any parent, subsidiary or other affiliated companies under common control with Motivv only for the purposes set out in this Privacy Policy and provided it is not prohibited by law and/or contract.

Corporate Transactions
We may share your Information in connection with any proposed or actual merger, reorganization, a sale of some or all our assets, a financing or acquisition of all or a portion of our business by another company, or to a receiver, trustee or successor in interest in bankruptcy, in which case such company may continue to process your Information as set forth in this Privacy Policy (except where prohibited by law) or otherwise with your consent.

De-Identified and Aggregate Information
We may create and share data about our Services and Users that is de-identified and aggregated, such as by creating reports on usage trends.

Hashed Information Used for Delivering Advertising on Other Sites
We also may create and share with third parties a hashed version of Information, such as your email address and content that you share publicly when using the services (e.g., user-generated content), solely in non-human readable form for purposes of delivering advertising on other sites.

Uses and Disclosures as Required or Permitted by Law, Including Research, Health Care Operations, and Public Health
Provided it is not prohibited by law or precluded by Motivv’s agreements with the applicable Motivv Partner, Motivv, and any third party vendors acting on Motivv’s behalf, may use and disclose your Information only: (a) as mandated by law, including, where applicable, the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), which may include disclosures to the applicable Motivv Partner; (b) for Research purposes; (c) for purposes of Health Care Operations of the applicable Motivv Partner; and (d) for Public Health, as each is defined and in accordance with HIPAA.

VII. How We Store and Secure Your Information

Security
Motivv is committed to the security of its systems and privacy of its customers’ data. Motivv is vigilant in protection of the Information you provide from its loss, misuse, and unauthorized access or disclosure. Motivv and its hosting services infrastructure partner have received internationally recognized certifications and attestations for HITRUST, NIST, HIPAA, and other security standards. However, no method of transmission over the Internet, wireless communication, or other method of electronic storage is infallible, therefore, we cannot guarantee its security.

Data Retention
Personal data will be retained only for so long as reasonably necessary for the purposes set out above, considering criteria such as applicable rules on statute of limitations and at least the duration of your use of our Services. Information may persist in copies made for backup and business continuity purposes for additional time.

Third Party Storage of Data
We may use third party services on our Services, such as those of Amazon Web Services or Aptible, that provide cloud computing, cloud security, hosting, data storage, and/or other similar technology services (collectively, “Cloud Technologies''). Information that is acquired through your use of our Services and/or provided to Motivv by our Motivv Partners, and any third party vendors acting on behalf of Motivv in connection with any services we may make available to you, may be stored on servers operated using the Cloud Technologies data and information security and compliance development platform and tools. These servers are located in the United States. Information stored by Motivv is subject to the terms, conditions, and security policies and procedures of these Cloud Technologies in addition to the terms and conditions in this Privacy Policy. If you have any questions in regards to our use of the Cloud Technologies as it pertains to your data information security, you may contact us at privacy@motivvhealthstudios.com or as described below in the “How To Contact Us” section.
Other information that you provide when you use our Services may be stored locally on your computer or mobile device (such as smartphones, tablets, etc). The scope and type of information that may be stored locally varies by device. Information that is stored on your mobile device may leave your mobile device through automatic backup processes, manual downloads, and other means outside the control of Motivv. Motivv uses encryption technologies in transmitting your information, however, activities on mobile devices and through internet connections, and the information associated with such activities may also be transmitted to or collected by authorized or unauthorized third parties and may be intercepted by third parties even with encryption protections in place. Therefore, Motivv cannot guarantee that information you submit through its mobile applications or store locally on your mobile device will remain private. Any data you provide or store locally through mobile applications is at your own risk.

HIPAA Compliance
PHI that Motivv receives, creates, stores, protects, uses, discloses and destroys is managed in a HIPAA compliant manner in accordance with the requirements of our business associate agreements with our Motivv Partners and in adherence to the principles of minimum necessary use. However, some health-related information that you provide to the application may be stored locally on your mobile device. To the extent that Information is stored locally and is never transmitted to Motivv, it does not constitute PHI for purposes of HIPAA, but may constitute a protected health record as defined in HITECH. Such protected health records are otherwise subject to the terms and conditions of this Privacy Policy, but are not treated as PHI.

VIII. Your Choices and Preferences

Accessing, Updating, and Deleting Information
You may update and/or delete certain Information by logging into the Services and updating your account. To access, review, update and/or delete certain Information, additionally, if you wish to have your account deactivated, you may contact us at support@motivvhealthstudios.com or as described in the “How to Contact Us” section below. We will respond to your request within a reasonable and lawful timeframe under the circumstances of your request. We may request you provide us with information necessary to confirm your identity before responding to your request.
Certain Information is necessary in order for us to provide the Services; therefore, if you delete such necessary Information you will not be able to use the Services or receive the related services. Please note that even though you may deactivate your account or request the deletion of your Information, we may be required (by law or otherwise, such as to prevent fraud, resolve disputes, or troubleshoot problems) to retain this information, but we will limit such retention to the minimum period required. We may also keep a copy of your Information to protect our legal rights, such as in connection with your use of the Services or your agreement to our Terms of Service, as permitted or required by applicable law.

Communications from Motivv
You can decline promotional communications at the point information is requested or, by following the unsubscribe instructions on communications sent to you, and we will respect your choice. You can also contact us as at support@motivvhealthstudios.com or as described in the “How to Contact Us” section below. However, even if you opt out of such communications, you may continue to receive other transactional, relationship, and/or administrative communications from or through Motivv that are important or related to your Motivv account or the products and services you are using (such as, for example, a notice that there has been a change in one of your services).
Please also note that you, not Motivv, have control over certain settings for how communications such as emails and push notifications are displayed on your devices, and the settings you select will affect how Motivv communications are displayed (e.g., whether they are visible on a locked screen and whether a preview of message content is displayed).
You may initiate communications with us via secure communication methods, or you may request that we communicate with you via secure communication methods. By doing so, you are acknowledging and accepting the risks associated with using unencrypted email to communicate with us, particularly where you request communications that may include health information about you or others. If you do not agree, please do not request sensitive information via emails.

IX. Miscellaneous

Third Party Websites and Services
Our Services may contain links that enable you to visit or use other third party websites, resources or programs. However, we do not have control over the other websites, resources, or programs that you choose to visit, so this Privacy Policy does not apply to information collected or that you provide while visiting such other websites, resources, or programs. You should refer to the privacy policies, if any, applicable to the other websites, resources, or programs.

California Disclosures
The California Consumer Privacy Act (“CCPA”) sets forth certain obligations for businesses that “sell” personal information. Based on the definition of sell under CCPA and under current regulatory guidance, we do not engage in such activity and have not engaged in such activity in the past twelve months. We do not allow third parties to advertise to Users on our Services, unless you provide consent, which is not requested in this Privacy Policy.

Age Requirements
Our Services are not directed to children under the age of 18, and children under the age of 18 are not eligible to use our Services. Protecting the privacy of children is important to us, as such, (i) we do not collect information from persons we actually know to be under 18 years of age, and (ii) we do not intentionally collect information from persons we have reason to believe are under 18 years of age. No part of our services is designed to be used by or to attract persons under 18 years of age. If we later learn that a child under the age of 18 has provided their information through the Services, we will take steps to remove his or her information from our systems and servers and prevent the person from using the Services going forward.

International Transfers of Personal Data
Only legal U.S. residents currently residing in the United States are permitted to use the Services. Importantly, the Services are not currently available to any persons currently residing in the European Union or other persons subject to the EU’s General Data Privacy Regulation (“GDPR”). If you are using our Services from outside the United States, please be aware that you are sending information to the United States where our servers are located and that by using our Services and providing us with your data you are consenting to such a transfer. Information provided may then be transferred within the United States or back out of the United States to other countries outside of your country of residence, depending on the type of information. While these countries (including the United States) may have different data protection laws, our collection, storage, and use of your information will at all times be in accordance with this Privacy Policy, which includes measures to ensure the protection of your data.

Modifications to this Privacy Policy
Motivv may revise this Privacy Policy from time to time to reflect changes to our regulatory and information practices. If we make changes to this Privacy Policy, they will be reflected in an updated Privacy Policy that will be posted on the Services, and all changes will be effective upon such posting or upon any later date specified by us in writing. We encourage you to periodically review this page for the latest information on our privacy practices. You can determine when this Privacy Policy was last revised by referring to the "Effective Date" legend at the top of this Privacy Policy. By continuing to use the Services or any services following the effective date of any updated Privacy Policy, you understand the applicability of the terms and conditions of such updated Privacy Policy.

How To Contact Us
Please read this Privacy Policy carefully. If you have any questions or complaints regarding our Privacy Policy, privacy practices, or privacy-related questions that are not addressed in this Privacy Policy, please contact us by email at privacy@motivvhealthstudios.com with the subject: Attn: Chief Security Officer

U.S. Contact Information:

Motivve Health Studios, LLC
14900 Detroit Avenue #200
Lakewood, Ohio 44107
support@motivvhealthstudios.com