What We Collect
We collect and use certain Personal Data (as defined below), including information that includes Special Categories (as defined below) of personal information under the European Union’s GDPR regulations, and we may transfer such data to servers, staff, contractors, associates and affiliates in the United States, including any information that you manually enter, as permitted by US law, and for necessary purposes, specifically for performance of a contract that you are a party to (ie providing you with goods you personally ordered or someone ordered for you), for purposes of our legitimate interests as a business, or as is otherwise in the public interest, to comply with a legal obligation or to protect the vital interests of you or another person, as explained more extensively below.
You can always choose not to provide any information to us, or allow cookies, but then You might not be able to order products from us, use Your WELLVII Product or a subscription related thereto, send information to a third party, or obtain certain content from or through our Digital Services.
We may collect the following information:
- Details of Your order including Your name and the name of the order recipient.
- Contact information including email address and postal/delivery address.
- Demographic information such as postcode, preferences and interests.
- Other information relevant to customer surveys and/or offers.
- Information that You manually enter on our site.
- Information collected through products of ours that You add to Your account on our Site, including a WELLVII Product, along with data gathered from any device that You manually set up to interface with products of ours that You own.
“Personal Data” is defined as Personal Data, including but not limited to a username, account number, email address, IP information and any Personal Data entered by a User on the Services including address and payment information.
“Sensor Data” is defined as data collected by Your WELLVII product, as well as by any device that You own or use which You manually connect to Your WELLVII product or authorize to interface with Your WELLVII product. All Sensor Data will be considered as the equivalent of Special Categories of Personal Data, whether it is as a matter of law, or not.
“Special Categories of Personal Data” is defined as data revealing health information, racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, personal relationships or sexual orientation. We may ask You to submit information that falls into “Special Categories of Personal Data” in connection with allergies, smoking habits, health restrictions and food/beverage consumption, among other conditions and lifestyle actions, or such information may be provided to us from Your device’s wellness and health apps. Also, if You may place an order that has as the shipping address a location such as a house of worship, a hospital, a campaign office and/or a work-related address, You may be providing such Special Categories of Personal Data incidentally or manually.
We may also collect “Interactive Data”, meaning browser type, Internet service provider, device type/model/manufacturer, operating system, date and time stamp, and a unique ID that allows us to identify Your browser, mobile device, pages You visit, cell service/wifi provider or Your account (including, for example, a persistent device identifier), and other similar information; You consent to such collection so that we can manage and deliver Your purchase, or a purchase You have made for delivery to a third party, or enable You to purchase, gift and/or use a subscription, or view Sensor Data from Your account and accounts connected to yours, and/or so we can provide You with relevant and/or requested Provided Content, data, information and Services. To improve our Services and avoid errors, we may obtain certain analytical information including records of the user sign in process, as well as login and logoff times, object loss metrics, test processes, button and action data and related information; such data may be shared with Google, Microsoft, Facebook, or other third parties, so we can provide You with the Services, information, subscriptions and data You want to receive, error-free. We may use the information to analyze site usage, administer the site, understand usage and navigation trends in the aggregate, and determine interest in our products as well as the relevance of content. IP addresses are also linked to personally identifiable information, to better a user’s experience when using the Website.
You consent to the collection, storage and processing of data provided by You manually in connection with purchases and orders, as well as information we gather from You such as IP information which we may use for localization, corporate compliance, legal and auditing purposes, in connection with WELLVII’s business purposes, such as data analysis, audits, fraud prevention, developing new Services and/or features, enhancing and improving our Services, documenting usage, analyzing and researching user trends and researching/documenting the effectiveness of any promotional campaign; and to our sharing of that information among our related corporate entities, as well as our personnel for purposes of managing and processing Your order, processing payment for that order, following up with You regarding Your order and making recommendations for future orders.
For the exhaustive list of cookies we utilize, please see the List of Cookies We Collect section regarding what we do with the information. For a list of subprocessors, please see the list of Subprocessors.
Data that You provide and make available to us will allow us to run and operate our Service, including fulfilling and shipping Your orders, in connection with Your WELLVII subscription, maintaining the integrity of the Service, providing You with the Services that You are seeking; minimizing spam, alerting You of new products or services, features, or enhancements, handling Your questions or issues, administering promotions, contests and sweepstakes, displaying relevant marketing to You, combating fraud and abuse, to notify You of promotions, updates, or special offers that we think may interest You, and for other legal and accounting/audit reasons.
We also use information in the aggregate to understand how our users as a group use the services and resources provided on and through our Services. We also use Your email address and phone number as part of the Service in sending You messages about the Service and other general announcements.
We require this information to understand Your needs and provide You with better services, and in particular for the following reasons:
- Internal record keeping.
- To improve our products and services.
- To send promotional emails about new products, special offers or other information which we think You may find interesting using the email address which You have provided.
- From time to time, we may also use Your information to contact You for market research purposes. We may contact You by email, phone, fax or mail. We may use the information to customize the website according to Your interests.
The Digital Services include a feature that enables You to transmit Your Sensor Data and other content via e-mail to the primary e-mail address on Your account. We are not responsible for the confidentiality and security of Your Sensor Data once You have initiated transmission via e-mail. In particular, emails sent through the Digital Services are not encrypted, and therefore there remains some level of risk that the information may be read by a third party.
For example, if You order products or subscribe to our WELLVII PREMIUM MEMBERSHIP service, You will also be required to provide a billing address and credit card or other payment information which will be collected, used, processed and retained so that we can process Your order, obtain follow-up information and/or feedback from You, and for other accounting and legal purposes, as well as to recommend our other products to You. If You order items for shipping or delivery, we will share Your name and address information, and possibly phone and email information, with those involved in shipping/delivering Your goods to You or Your chosen recipient, as well as where it is necessary to effect any or all of these purposes or processes, for our compliance with legal obligations and for our legitimate purposes, as well as where processing is necessary for the performance of a contract
We may use Your email address or information for a range of purposes including managing, tracking, completing and confirming Your orders and/or WELLVII PREMIUM MEMBERSHIP subscriptions, processing a payment, communicating with our suppliers and vendors, marketing, maintaining quality of service, and administrative/legal/accounting/auditing purposes, and we reserve the right to share Your Personal Data with our staff/employees/contractors/team as necessary to effect any or all of these purposes or processes, and for our compliance with legal obligations and for our legitimate purposes, as well as where processing is necessary for the performance of a contract. Those companies may or may not retain, share, store, or use personally identifiable information for secondary purposes. We reserve the right to partner with any third party to provide specific services and process, and to store and organize Personal Data on our behalf, in connection with our reasonable management, maintenance and growth of WELLVII and related businesses.
Your use of the Service and Your WELLVII product confirms that You are aware that all WELLVII content shared through the Site is for educational or informational purposes only, and it is not meant or intended to be a substitute for professional medical advice, diagnostic recommendations, test results or treatment from Your healthcare provider. WELLVII recommendations and information do not constitute medical advice Always seek the advice of Your qualified healthcare provider in connection with Your questions regarding Your health or the health of family members, including any symptoms that concern You or that are known to be associated with chronic or contagious conditions or illnesses. Call 911 or the number for Your local emergency service in connection with any medical emergency. Do not disregard professional medical advice from Your healthcare provider, or delay seeking medical treatment, because of something You have read on or accessed through WELLVII, or data provided by Your WELLVII product.
Health, wellness and medical information that is available on this Site may not apply to everyone of all ages, and with all conditions or complications. If You have any of the following conditions, complications or issues, the data provided by Your WELLVII product might not be accurate and should be confirmed in the manner recommended by Your healthcare provider.
- Known circulatory problems that affect their fingers;
- individuals without a left index finger or with only a partial left index finger;
- individuals with known bleeding/bruising disorders;
- individuals who cannot remain still for several minutes during measurements.
This device is for spot-checking physiological parameters and should not be used for continuous measurements. THE WELLVII DEVICE IS NOT A MEDICAL DEVICE AND THE USE OF THE WELLVII DEVICE AND ANY INFORMATION PROVIDED TO YOU THEREFROM DO NOT CONSTITUTE MEDICAL ADVICE AND SHOULD NOT BE USED AS A SUBSTITUTE FOR QUALIFIED MEDICAL ADVICE. THE WELLVII DEVICE IS NOT DESIGNED OR INTENDED FOR USE IN THE DIAGNOSIS OF DISEASE OR OTHER CONDITIONS, OR IN THE CURE, MITIGATION, TREATMENT, OR PREVENTION OF ANY CONDITION OR DISEASE.
We do not knowingly solicit, collect or process information from children who (a) are residents or citizens of the European Union and under the age where consent of a parent or legal guardian is required for the processing of Personal Data of children including email addresses and IP addresses, as well as certain uses of cookies; or (b) users who are under the age of thirteen (13) and residents or citizens of any other country (an “Age-Barred Individual”). In compliance with United States regulations regarding online privacy for children, WELLVII do not knowingly solicit or collect information from children under the age of thirteen (13) or any other Age-Barred Individual. Age-Barred Individuals are not permitted to have an account, use any WELLVII website or app, or submit Interactions of any type to WELLVII. By using the Service and/or submitting an order, You thereby confirm that You are eighteen (18) years old or older, and not an Age-Barred Individual.
Usage Outside the United States
WELLVII is located in the United States, but we understand that some of our customers, users and their healthcare providers and family members are citizens of or residents of other countries, including European Community countries. If You access WELLVII services from or use a WELLVII Product device in, a country other than the United States, the various communications You send and receive may result in the transfer of information across international boundaries. Information collected within the European Economic Area (“EEA”) and Switzerland may, for example, be transferred to and processed by third parties identified above, located in a country outside of the EEA and Switzerland, where You may have fewer or different legal rights in relation to Your information.
We will collect and retain your information in connection with our Digital Services and any WELLVII device used by you for as necessary to perform the services that you access in connection with your WELLVII device, and at least as long as required by operation local, state and federal laws and regulations. If you wish to unsubscribe from any of our emailed newsletters or marketing materials, please use the links on such email, but please note that you cannot unsubscribe from emails regarding health, safety, subscriptions and warranties, as they are necessary for us to perform our services and business operations involving safety of our products and our legitimate interests.
Please contact us if You wish to make a request or ask a question regarding Your Personal Data as set forth in the bullet points below; we reserve to charge a reasonable fee for requests of lists of the Personal Data we have collected about You if such request is made more than once in any 365-day time period:
and You wish to ask us to remove information that we have collected from or about You.
If you are a California resident, you have the following rights, subject to certain exceptions as set forth in the CCPA:
Right to access personal information. You have the right to receive the specific pieces of your personal information we have collected about you in the 12 months preceding your request.
Right to data portability. You have the right to receive a copy of your electronic personal information in a readily-usable format.
Right to know. You have the right to receive information from us regarding the categories of personal information we collected, the sources from which we collect personal information, the purposes for which we collected and shared personal information, the categories of any personal information we sold as well as the categories of third parties to whom such personal information was sold, and the categories of personal information that we disclosed for a business purpose in the 12 months preceding your “right to know” request.
Right to request deletion. You have the right to request the deletion of the personal information that you provided to us. Please note that in certain instances we may not be able to process your request, such as (i) due to the existence of a legal obligation, (ii) to detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities, or (iii) in order to complete a transaction for which your personal information was collected.
Right to non-discrimination. You have the right to be free from discrimination by us as a result of you exercising your rights under the CCPA.
If You are a resident of California, You may request that we provide You with the information that we have shared with third parties for electronic/online direct marketing purposes, if such sharing has occurred; such information can be provided to You once a year free of charge, and will cover information shared during the past twelve (12) months. Information will be provided within thirty (30) days of Your request, or we will inform You that we need additional time to fulfill Your request.
If You are a California resident and wish to make such a request, please provide sufficient information for us to determine if this applies to You, attest to the fact that You are a California resident and provide a current California address for our response. You may make this request in writing to us at the address provided herein. Any such request must include “California Privacy Rights Request” in the first line of the description and include Your name, street address, city, state and ZIP code. Please note that we are only required to respond to one request per customer each year, and we are not required to respond to requests made by means other than through this address.
Information shared for purposes other than direct marketing will not necessarily be included in our response to such request. We reserve the right to request and confirm proof of identity as we determine necessary in our sole discretion. Please note that we cannot delete information in connection with orders of merchandise or gift certificates, and other paid services or goods, for at least seven years as we must retain it for accounting and legal purposes; we reserve the right to retain such Personal Data for accounting and business purposes.
Note that certain of the rights set forth above do not apply until at least January 1, 2021 for job applicants, employees, partners, and contractors, and when personal information is transmitted in business-to-business written or verbal communications or transactions relating business, and the personal information concerns an employee, owner, director, officer or contractor of that business.
A cookie is a small file which asks permission to be placed on Your computer’s hard drive. Once You agree, the file is added and the cookie helps analyze web traffic or lets You know when You visit a particular site. Wellvii Cookies (as defined herein) allow web applications to respond to You as an individual. The web application can tailor its operations to Your needs, likes and dislikes by gathering and remembering information about Your preferences. We may also receive, store and process information that is automatically recorded by our servers whenever you access or use the Site, such as your IP address, the date and time you access or use the Site, the hardware and software you are using, referring and exit pages and URLs, the number of clicks, event information, pages viewed and the order of those pages, and the amount of time spent on particular pages including via tags, text files, log files, web beacons, http cookies, HTML 5, flash local storage cookies, web beacons, GIFs, embedded scripts, ETags/cache browsers, and software development kits, and similar tracking technologies from third parties (collectively, “Cookies”).
We may, either directly or indirectly, also track your behavior on our Site using Cookies and other analytics for purposes of our own customer support, analytics, research, product development, fraud prevention, risk assessment, regulatory compliance, investigation, as well as to enable you to use and access the Site and order Services or indicate interest in our services, or events that we may host, presentations that we may make, and news items that we may share.
We use traffic log cookies to identify which pages are being used. This helps us analyze data about web page traffic and improve our website in order to tailor it to customer needs. We only use this information for statistical analysis purposes and then the data is removed from the system.
Overall, cookies help us provide You with a better website, by enabling us to monitor which pages You find useful and which You do not. A cookie in no way gives us access to Your computer or any information about You, other than that which You agree to share with us. You can choose to accept or decline cookies. Most web browsers’ settings will automatically accept cookies, but You can modify Your browser setting to decline cookies, or just third-party cookies, if You prefer. This may prevent You from taking full advantage of the website or ordering products from us.
We treat information collected by cookies and other technologies as non-Personal Data. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered Personal Data by local law, we also treat these identifiers as Personal Data.
- Essential Cookies: these are essential in order to enable you to move around the Wellvii Website and use its features, such as accessing secure areas of the website.
- Performance and Analytics Cookies: Google Analytics (“Analytics”) is Google’s free web analytics tool that helps us understand how our visitors engage with our website. Analytics collects information anonymously and, much like examining footprints in sand, it reports website trends without identifying individual visitors. Analytics uses its own set of cookies to track visitor interactions. These cookies are used to store information, such as what time the current visit occurred, whether the visitor has been to the site before, and what site referred the visitor to the web page. Google Analytics customers can view a variety of reports about how visitors interact with their website so they can improve their website and how people find it. A different set of cookies is used for each website, and visitors are not tracked across multiple sites. Analytics customers are obliged to notify users of their use of analytics software. To disable this type of cookie, some browsers will indicate when a cookie is being sent and allow you to decline cookies on a case-by-case basis. In addition to declining cookies, you can also install the Google Analytics Opt-out Add-on in your browser, which prevents Google Analytics from collecting information about your website visits. You can also opt out by clicking here.
- Functionality Cookies: they remember the choices you make, such as language options or your current region. These cookies help to make your visit more personal and are deleted automatically when you close your browser or the session expires.
Links to Other Websites
Our website may contain links to other websites of interest. However, once You have used these links to leave our site, or if You use the “sharing” options to share our content through Your accounts on such social media services, You should note that we do not have any control over that other website. Therefore, we cannot be responsible for the protection and privacy of any information which You provide whilst visiting such sites and such sites are not governed by this privacy statement. You should exercise caution and look at the privacy statement applicable to the website in question.
Management of Your Information
You may choose to restrict the collection or use of Your Personal Data in the following ways:
- Whenever You are asked to fill in a form on the website, look for the box that You can click to indicate that You do not want the information to be used by anybody for direct marketing purposes
- If You have previously agreed to us using Your Personal Data for direct marketing purposes, You may change Your mind at any time by writing to or emailing us at email@example.com
We will not sell, distribute or lease Your Personal Data to third parties unless we have Your permission or are required by law to do so. We may use Your Personal Data to send You promotional information about third parties which we think You may find interesting if You tell us that You wish this to happen.
If You believe that any information we are retaining about You is incorrect or incomplete, please write to or email us as soon as possible, at firstname.lastname@example.org. We will promptly
correct any information found to be incorrect.
As We continue to develop our business, We might sell or buy assets, subsidiaries, or business units. In such transactions, customer information generally is one of the transferred business assets and accordingly, user information, including Personal Data collected from You through Your use of the Service, could be included in the transferred assets. If WELLVII or any subsidiary thereof is acquired by, or merged with, any other entity, We reserve the right to assign or transfer any information that We have collected. Further, if we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, it is probable that user information, including Personal Data collected from You through Your use of the Service, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify You through email and/or a prominent notice on the Service. or any bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or for any application of laws or equitable principles affecting creditors’ rights, Your information might be transferred or disclosed to third parties.
YOU ARE AWARE THAT WELLVII AND WELLVII SERVICES ARE NOT INTENDED, OR TO BE CONSTRUED, AS MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND IS NOT A SUBSTITUTE FOR CONSULTATIONS WITH QUALIFIED HEALTH CARE PROFESSIONALS WHO ARE FAMILIAR WITH YOUR INDIVIDUAL MEDICAL NEEDS.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY APPLICABLE LAW, USE OF THE WELLVII DEVICE AND/OR ANY RECOMMENDATIONS OR GUIDANCE PROVIDED THEREBY (“RECOMMENDATIONS”), AND ANY OTHER SERVICES PERFORMED BY OR ACCESSED THROUGH THE WELLVII DEVICE AND/OR ANY WELLVII SERVICES IS AT YOUR SOLE RISK.
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT WELLVII, IN ITS SOLE DISCRETION, MAY IMPLEMENT CERTAIN SCREENING QUESTIONS OR OTHER INQUIRY IN ORDER TO DETERMINE WHETHER YOU ARE ALLOWED TO COMPLETE ANY WELLVII QUESTIONNAIRE AND/OR PROCESS. YOU AGREE TO TRUTHFULLY AND ACCURATELY ANSWER ALL SUCH SCREENING QUESTIONS AND ACKNOWLEDGE THAT YOUR FAILURE TO PROVIDE ACCURATE INFORMATION IS GROUNDS FOR IMMEDIATE TERMINATION OF YOUR ACCESS OF THE WELLVII SERVICES.
Last Updated July 17, 2020