MOBE, LLC (formerly known as DS1, LLC) and its affiliates (“MOBE,” “we”, “us,” “our”) provide self-management programs (the “MOBE Programs”) in combination with online and mobile services, including, but not limited to the MOBE Website (“mobeforlife.com” or the “Website”), widgets, computer programs, and mobile applications hosted by or on behalf of MOBE. Some of the MOBE Programs involve and are intended to enhance a consumer’s use of a wearable electronic motion monitoring product (the “Wearable”). The MOBE Programs and/or the Wearable may be offered by MOBE on its own behalf and/or on behalf of a sponsoring organization (“Sponsor”), such as your health plan, your employer, or a healthcare provider.
Please note that this Policy is distinct from a Notice of Privacy Practices, which you may have received from your health plan or healthcare provider. A Notice of Privacy Practices is a special notice required by a federal privacy law known as “the HIPAA Privacy Rule”. If your MOBE Program participation is being sponsored by your health plan, the Personal Information that you provide to MOBE is considered Protected Health Information and we will safeguard it in accordance with all applicable state and federal requirements regarding the privacy and security of health information. MOBE will only use or disclose the Personal Information that we collect from or about you – including, without limitation, through the Wearable – as allowed by applicable state and federal law, the terms of our agreement with your health plan and its Notice of Privacy Practices (collectively “Plan Privacy Policies and Law”). The Plan Privacy Policies and Law may be more limiting than this Policy. If that is the case, the Plan Privacy Policies and Law control how we may use or disclose your Personal Information. For example, in this Policy we say that we may use your contact information to send you information about opportunities, products or services provided by MOBE – we will only do this if the Plan Privacy Policies and Law allow us to. In addition, we will only use or disclose your Personal Information as allowed by the Plan Privacy Policies and Law. For more information, please refer to your health plan’s Notice of Privacy Practices.
This Policy is also subject to the provisions of our Terms and Conditions, available at https://www.mobeforlife.com/terms-conditions/ which are incorporated herein by reference. Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, you should not use the Website or MOBE Programs. By accessing or using this Website and/or the MOBE Programs, or by clicking to accept or agree to the Policy when that option is made available to you, you accept and agree to be bound and abide by this Policy to the extent that it does not conflict with any applicable Plan Privacy Policies and Law.
Children Under the Age of 13
The Website and MOBE Programs are not intended for children under 13 years of age. We do not knowingly collect any personal information from children under the age of 13. If we discover that a child under the age of 13 has provided us with personally identifying information, we will take steps to delete the information as soon as possible.
What Personal Information We Collect
You have the option of establishing a user account on mobeforlife.com (a “User Account”). When you sign up for a User Account, you are required to provide an email address and to create an account password. All data entered via the website is stored securely.
We collect industry standard log data about the browser and operating system you are using, the address of the external or internal page that referred you and your IP address at the time of account creation.
The Wearable works in conjunction with a user account established on mobeforlife.com (a “User Account”) and on a wearable mobile application. You can alter and correct any personal information created within the Wearable application by logging into your User Account.
When you sign up for a User Account, you are required to provide an email address and to create an account password. You will also be prompted to provide additional personal details to your User Account, such as height, weight, gender, and age.
All data whether entered via the website or the mobile wearable application is stored securely.
We may collect activity, sleep and heart rate data from your Wearable.
Self-Management Guidance Services
In order to provide the self-management guidance services that are a part of your MOBE Program, we collect information directly from you and also from our business partners, such as the healthcare provider(s) or health plan involved with your participation in a MOBE Program, if any.
How We Use Your Personal Information
MOBE will not use your Personal Information for purposes other than those listed in this Policy unless we obtain your consent first. MOBE uses your Personal Information to:
- Provide you, as applicable, with the self-management guidance services included in your MOBE Program;
- Analyze Website usage and improve the Website;
- Analyze MOBE Program and Wearable usage and improve MOBE Programs and the Wearable;
- Deliver to you any administrative notices and communications relevant to your use of the MOBE Programs;
- Provide you with updates regarding MOBE Programs;
- Perform internal research and development and project planning;
- Troubleshoot problems with the Website, Wearable and/or MOBE Programs, and detect and protect against error, fraud, or other illegal activity; and
- Enforce the MOBE Terms and Conditions.
MOBE will not sell, rent, transfer, disclose or otherwise permit the use of your personal information by advertisers or other third-parties for direct marketing purposes. From time to time, MOBE may send you information about opportunities, products or services provided by MOBE, if permitted by any applicable Plan Privacy Policies and Law.
Disclosure to Third-Parties
MOBE will not sell your Personal Information to third parties. At times and as permitted by any applicable Plan Privacy Policies and Law, MOBE may disclose Personal Information to third-parties that provide services to you. Most significantly, MOBE may provide Personal Information to: (i) your healthcare providers (e.g., physicians and pharmacists) to give them insight into your Program activity to assist in treating you; and (ii) your insurance company, health benefit plan or other third-party payers. For more information about how your information may be used or disclosed by your Program Sponsor, please refer to your Sponsor’s Notice of Privacy Practices, if applicable, or contact your Program Sponsor directly.
MOBE may also share your personal information with third-parties who provide services to MOBE such as information processing, order fulfillment, product delivery, customer data management, customer research and other similar services. We require these third-parties to protect your information in the same manner as MOBE is required to protect your information in accordance with any applicable Plan Privacy Policies and Law.
We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our Terms and Conditions or protect our operations or other users, or if we are required to do so by any applicable law, rule, regulation, subpoena, or other legal process. Additionally, in the event of a reorganization, merger, or sale, we may transfer any and all personal information we collect to the relevant third-party, subject to any applicable Plan Privacy Policies and Law.
Use of Aggregated Anonymous User Data
MOBE may disclose non-personally identifiable aggregated user data, such as aggregated gender, age, height, weight, and usage data (without the inclusion of a user’s name or other identifying information) to:
- Organizations approved by MOBE that conduct research into health and wellness;
- Companies providing products and services to MOBE related to the Website and MOBE Programs;
- Users of MOBE Programs for purposes of comparison of their personal health and wellness situation relative to the community of other users; and
- Third-party payers, or any other party to evaluate the efficacy of the Program, or for any product development, research or evaluation, scientific, care management, or other purpose.
Cookies and Other Technology
As you navigate through and interact with our Website, we use a type of cookie called a service cookie to help us make our website work efficiently for you. Our service cookie remembers your registration and login details as well as your IP address as you navigate between pages of our website.
We may also use analytic cookies for the purpose of measuring and analyzing Website usage and activity. An analytic cookie may use a web beacon, which is a transparent graphic image, to capture this usage data.
From time to time, MOBE may also ask you to participate in surveys designed to help improve MOBE Programs. Any Personal Information provided to MOBE in connection with any survey will be used only in relation to that survey and as elsewhere set forth in this Policy.
Your Right to Delete Your Account
If you would like to cancel your User Account, you may do so by emailing email@example.com. When you request cancellation of your User Account, we may retain your account information, subject to the terms of this Policy and our legal obligations and may continue to use the data associated with your User Account to continue to provide you with the self-management guidance services included in your MOBE Program or as otherwise permitted by any applicable Plan Privacy Policies and Law.
Accessing and Correcting Your Information
You may contact us if you wish to view and/or correct the personal information that MOBE has about you, and we will use commercially reasonable efforts to accommodate your request. You may also contact us if you believe that any inaccurate or inappropriate information has been obtained or provided to others through your use of the Website or MOBE Programs.
Email Communications from Us
We may provide our registered users with summaries of their User Account data and email alerts with respect to program engagement. We may also allow users to subscribe to email newsletters.
We use a combination of firewall barriers, encryption techniques, and authentication procedures, among others, designed to protect the security of your data and to protect MOBE accounts and systems from unauthorized access.
When you register on mobeforlife.com, MOBE requires a password from you for your privacy and security. This password is stored in an encrypted fashion on our systems.
It is important to understand that these precautions apply only to our Website and systems. We exercise no control over how your information is stored, maintained or displayed by third-parties or on third-party sites, except to the extent the sites are storing or using the data pursuant to a contract to do so on our behalf.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. If you believe that your user name and/or password have been compromised, you should immediately change your password and email firstname.lastname@example.org. We are not responsible if someone else accesses your account through registration information they have obtained from you or through a violation by you of this Policy or the MOBE Terms and Conditions. If you have a security-related concern, please email email@example.com.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.
Your California Privacy Rights
California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please contact us at: firstname.lastname@example.org.
California law requires that we disclose how MOBE responds to web browser “Do Not Track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information (as that term is defined in California law) about a consumer’s online activities. Our Website does not currently support “Do Not Track” codes. That is, MOBE does not currently respond to or take any action with regard to “Do Not Track” requests.
Users Outside the U.S.
Information that is submitted to this Website will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. user, you acknowledge and agree that MOBE may collect and use your information, as discussed in this Policy, outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries. By providing MOBE with your information, you acknowledge that you have read this Policy, understand it, agree to its terms and consent to the transfer of such information outside your resident jurisdiction. If you do not consent to the terms of this Policy, please do not use the Website or the MOBE Programs.