Wellnest Technologies, Inc. ("Wellnest," "Company," "we," "us," or "our") is committed to protecting the privacy and security of your personal information. This Privacy Policy describes how we collect, use, disclose, and protect your information when you use the Wellnest platform, including our website, mobile applications, and all related services (collectively, the "Platform").
When we refer to "you," we mean the individual using the Platform and, where applicable, the individual whose information is provided through the Platform. The Platform is offered directly to individual users, and users may choose to grant access to their information to healthcare providers, caregivers, family members, or other authorized individuals. If you provide information about another person, you represent that you have the authority to do so and to permit us to collect, use, and share that information as described in this Privacy Policy.
This Privacy Policy does not address the privacy practices of any third parties that we do not own or control. By using or accessing the Platform, you agree to the terms of this Privacy Policy and the accompanying Terms and Conditions. We encourage you to read this Privacy Policy to help you make informed decisions.
1. INFORMATION WE COLLECT
You authorize us to collect and receive the categories of information described in this Section 1 (collectively, "User Information") while providing the Platform. Not all categories of User Information listed herein are collected from every user or through every feature of the Platform.
1.1 Information You Provide Directly
(a) Identifiers. When you create an account, contact us, or use the Platform, we may collect certain identifiers, such as your name, phone number, date of birth, gender, mailing address, account credentials, and other similar identifiers. We collect this information only when you voluntarily provide it to us or when it is automatically collected through your use of the Platform, as described further in Section 1.3 below.
(b) Content. We may collect information you choose to create, upload, or share through the Platform, including notes and other content you create, upload, or share with authorized users.
(c) Characteristics of Protected Classifications and Demographic Information. We may collect certain demographic information, including gender, sex, age, disability status, race, ethnicity, military/veteran status, or marital status, when you voluntarily provide such information in connection with your use of the Platform.
(d) Commercial Information. If you choose to make a purchase or subscribe to a feature or service that requires payment, we may collect payment-related information, such as bank account numbers, credit card or debit card details, account details, ACH information, billing address and similar data ("Payment Information"). We may also maintain records of products or services purchased or to which you have subscribed. Payment Information may be collected and processed by us or our third-party payment processors in accordance with their applicable terms and privacy policies.
(e) Communications. We may collect information contained in communications with us or authorized users, including messages, support requests, feedback, inquiries, and other correspondence you submit to Wellnest through the Platform, email, SMS, or by other means.
(f) Geolocational Information. We may collect limited location information based on your IP address to determine your approximate location (for example, city, state, or country). We do not collect precise geolocation data, such as GPS coordinates. You may be able to limit certain location-based data collection through your device or network settings; however, doing so may affect the availability or functionality of certain features of the Platform.
(g) Internet or other Electronic Network Activity Information. We may automatically collect information regarding your activity on or interaction with the Platform, including IP address, date and time of access, browser type, search queries, performance metrics, usage data, and other information related to your use of the Platform. This information may be collected through cookies, analytics tools, and similar technologies used by us and our third-party analytics providers. Please see Section 1.3 below for more information.
(h) Sensitive Personal Information. We may collect certain sensitive personal information, as defined under applicable privacy laws, such as account log-in credentials and payment-related financial information, including bank account numbers, credit or debit card numbers, and ACH information. In addition, where you choose to provide it, we may collect limited health-related information, such as information regarding health goals, medications, medical history, lifestyle habits, pain, body traits, exercise activity and motion, and height and weight.
(i) Inferences. We may draw inferences from the information we collect to create profiles reflecting preferences, characteristics, behaviors, or usage patterns related to your interaction with the Platform and the products or services we offer.
1.2 Information Collected from Wearable Devices
When you connect a wearable device or health application to the Platform, we collect data transmitted by that device through third-party APIs. The data collected depends on the capabilities of your specific device and the permissions you grant and may include, where supported:
- (a) Heart rate and heart rate variability (HRV);
- (b) Sleep duration, stages, and quality metrics;
- (c) Physical activity data (steps, distance, calories, workouts);
- (d) Stress indicators;
- (e) Blood oxygen saturation (SpO2);
- (f) Body temperature;
- (g) Respiratory rate;
- (h) Electrocardiogram (ECG) readings (if supported by your device); and
- (i) Weight, body composition, and other metrics supported by your device.
1.3 Information Collected Automatically
When you access or use the Platform, we may automatically collect certain information about you, your use of the Platform, your interactions with us and the devices you use to access it. This information may include, without limitation:
- (a) Device Information, including device type, operating system, unique device identifiers, browser type;
- (b) Usage Data, including pages viewed, features used, time spent on the Platform, and click patterns;
- (c) Log Data, including IP address, access times, referring URLs, and error logs; and
- (d) Location Data, including your approximate location based on IP address (we do not collect precise GPS location).
1.4 Information Collected by or Through Third Parties.
We may collect or share User Information about your activity on the Platform with or through third parties for service-related purposes consistent with this Privacy Policy, including to support the operation, maintenance, improvement, and analysis of the Platform. These third parties may use cookies and similar technologies for such purposes or to help analyze usage of the Platform and provide their services. In addition, we may share anonymized and aggregated information with third parties for analytics and research purposes.
In limited circumstances and where authorized by you, we may also share User Information with third parties such as caregivers, physicians, or concierge clinics to facilitate features of the Platform or to enable access to information you choose to share.
2. HOW WE USE YOUR INFORMATION
We may use User Information for the following purposes:
(a) Providing and Operating the Platform. To operate, maintain, and improve the Platform, display your wellness data, enable data aggregation and sharing features, and support functionality you choose to use.
(b) Personalization. To personalize your experience and provide relevant insights and notifications.
(c) Communications. To process a request or communicate with you regarding the Platform, including sending service-related messages, updates, security alerts, administrative communications, and responding to inquiries or support messages via the Platform or email.
(d) Emergency Communication Features. To enable user-initiated emergency communication features, including features that allow users to notify or contact designated caregivers, and to facilitate user-initiated contact with local emergency services (such as 911), where applicable.
(e) Billing and Account Management. To process payments, manage subscriptions, administer your account, and handle related customer service requests.
(f) Safety and Security. To detect, prevent, investigate, and respond to fraud, security issues, misuse of the Platform, and technical issues.
(g) Legal Compliance. To comply with applicable laws, regulations, legal processes, governmental requests, and to enforce our rights under these Terms.
(h) Analytics and Platform Improvement. To analyze how the Platform is used, evaluate performance, and improve features and functionality, including through the use of aggregated or de-identified data.
(i) Research and Development. To conduct research and development to improve our products and services using aggregated or de-identified data only.
(j) Marketing and Promotional Communications. To send promotional or marketing communications, where permitted by applicable law, and, where required, with your consent. You may opt out of marketing communications at any time as described in this Privacy Policy.
Any emergency communication features of the Platform are initiated by you. The Platform does not automatically contact emergency services (such as 911) and does not provide emergency response or dispatch services. The Platform may send automated alerts to designated caregivers or emergency contacts based on thresholds configured by you, where applicable. Thresholds and alert settings are controlled by you or your designated caregiver(s), and you may opt in or out of alert notifications at any time. If no caregiver or contact is designated, any thresholds displayed are provided for general informational purposes only.
In an ongoing effort to better understand our users and improve the Platform, we may analyze User Information in anonymized and aggregated form to operate, maintain, manage, and enhance the Platform. This aggregated information does not identify you personally. We may share such anonymized and aggregated data with third parties for analytics, research, and product improvement purposes, as further described in Section 3.
We and our third-party service providers may also use analytics and similar technologies to evaluate use of the Platform, compile reports on activity, and analyze performance and usage trends. These providers may use cookies and similar technologies to support these functions in accordance with this Privacy Policy. You consent to the processing of data about you by these providers in the manner and for the purposes set out in this Privacy Policy. If you choose to limit or opt out of certain analytics technologies, some features or functionality of the Platform may be limited or unavailable.
3. HOW WE SHARE YOUR INFORMATION
3.1 Sharing at Your Direction
We share your wellness data with individuals and entities you specifically designate, including family members, caregivers, and healthcare providers. You control who receives your data and may revoke access at any time; however, once information has been shared, Wellnest does not control and cannot require recipients to delete or destroy information previously accessed. We may share User Information for any other purposes disclosed to you with your consent.
3.2 Service Providers
We share information with third-party service providers who perform services on our behalf, including, without limitation: cloud hosting, payment processing, wearable data integration, authentication, communications, and analytics providers. These providers have access to your information only to the extent reasonably necessary to perform services on our behalf and to the extent permitted by applicable law. These providers are contractually obligated to use your information only as directed by us and to maintain appropriate security measures.
3.3 Legal Requirements
We may disclose your information if required to do so by law, regulation, legal process, or governmental request, or if we believe in good faith that disclosure is necessary to: (a) comply with applicable law or regulation; (b) enforce our Terms of Service; (c) protect the rights, property, or safety of Wellnest, our users, or the public; or (d) detect, prevent, or address fraud, security, or technical issues.
3.4 Business Transfers
In the event of a merger, acquisition, reorganization, bankruptcy, or sale of all or a portion of our assets, your information may be transferred as part of that transaction. We will notify you via email and/or a prominent notice on the Platform of any change in ownership or use of your User Information.
3.5 Data Sales
WELLNEST DOES NOT SELL YOUR USER INFORMATION. We also do not, and do not plan to, sell your User Information or share it with third parties for cross-context behavioral advertising. We may share or sell aggregated, de-identified, or anonymized information that cannot reasonably be used to identify an individual for analytics, research, business planning, product improvement purposes, or other business purposes, in compliance with applicable law.
4. ACCOUNT DELETION
You may request deletion of your account at any time by contacting us at privacy@hellowellnest.com or through account settings. Upon receiving a verified deletion request:
- (a) We will delete or de-identify your User Information within thirty (30) days, except as noted below;
- (b) Certain information may be retained for up to six (6) years where required by applicable law, including tax records, transaction history, and information necessary for legal compliance;
- (c) Aggregated or de-identified data that cannot reasonably identify you may be retained indefinitely;
- (d) Backup copies may persist for up to ninety (90) days before being overwritten; and
- (e) Information that has been shared with third parties (family members, caregivers, healthcare providers) prior to deletion cannot be recalled by Wellnest.
5. DATA SECURITY
We implement and maintain reasonable administrative, technical, and physical safeguards to protect your information, including but not limited to:
- (a) Encryption of data in transit (TLS/SSL) and at rest (AES-256);
- (b) Hosting infrastructure through secure providers for health-related data;
- (c) Access controls and authentication mechanisms;
- (d) Regular security assessments and monitoring; and
- (e) Employee training on data protection and security practices.
Notwithstanding the foregoing, no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your information, we cannot guarantee its absolute security. YOU ACKNOWLEDGE AND AGREE THAT DESPITE OUR EFFORTS, THERE MAY BE TIMES OR SITUATIONS WHEN YOUR USER INFORMATION IS INADVERTENTLY DISCLOSED BY US OR BY A THIRD PARTY TO WHOM WE HAVE DISCLOSED YOUR USER INFORMATION. EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU HEREBY ACCEPT THAT RISK AND WAIVE ANY AND ALL CLAIMS, CAUSES OF ACTION, DAMAGES AND LIABILITY AGAINST US IN THE EVENT OF SUCH INADVERTENT OR NEGLIGENT DISCLOSURE OF USER INFORMATION.
6. YOUR RIGHTS AND CHOICES
Depending on the state in which you reside, you may have certain rights relating to the collection, use, disclosure, and other processing of your User Information. The exact scope of these rights may vary by state:
6.1 Know What Personal Data We Have Collected
You may have the right to know whether we process your User Information and to request what User Information we have collected about you, including (i) the categories of User Information we have collected; (ii) the categories of sources from which the User Information is collected; (iii) the business or commercial purposes for collecting, selling, or sharing that User Information; (iv) the categories of third parties to whom we disclose User Information; and (v) the specific pieces of information that we have collected about you.
6.2 Access and Portability
You may have the right to access and download a copy of your User Information in a portable format.
6.3 Correction
You may have the right to request that we update or correct your User Information that we hold about you.
6.4 Deletion
You may have the right to request deletion of your User Information that we have collected about you, subject to certain legal exceptions.
6.5 Limit the Use of Sensitive Information
You may have the right to limit our use and disclosure of sensitive personal information we collect about you.
6.6 Opt-Out of Selling, Sharing, or Profiling
You may have the right to opt out of the processing of your User Information for purposes of targeted advertising, the sale of User Information, or profiling activity in furtherance of decisions that produce legal or similarly significant effects. As of the date of this Privacy Policy:
- We do not process User Information for the purposes of targeted advertising;
- We do not sell User Information in exchange for money;
- We do not engage in profiling activity based on your personal data that produces legal or similarly significant effects.
6.7 No Retaliation for Exercising Privacy Rights
You have the right to exercise any of your privacy rights without fear of retaliation, discrimination, or adverse treatment by us. However, you acknowledge and agree that certain choices you make regarding your privacy settings or preferences — such as opting out of specific data processing or sharing — may limit or restrict your ability to access or use certain features or functionalities of the Platform. Such limitations are a direct result of your privacy choices and do not constitute discrimination or retaliation.
6.8 Additional California Privacy Rights
California residents may make certain requests about their personal information under the California Consumer Privacy Act (the "CCPA") as set forth above. In addition:
- If we ever sell your personal information to third parties for purposes of cross-context behavioral advertising, we will provide you with appropriate notice and the ability to opt out of such disclosures.
- If we ever offer financial incentives in exchange for your personal information, we will provide you with appropriate notice of such incentives.
- In the limited circumstances that we process sensitive personal information as defined in the CCPA and as described above (such as log-in information), we do not use or disclose it other than for disclosed and permitted business purposes. We do not use or disclose this information in a manner that would trigger the right to limit its use under the CCPA.
"Shine the Light" Disclosure
If you are a customer and a California resident, you are permitted under California law to request certain information once per year regarding our disclosure of "personal information" (as that term is defined under applicable California law) to third parties for those third parties' direct marketing purposes. We do not disclose personal information to third parties for their own direct marketing purposes.
6.9 How to Exercise Your Privacy Rights
We will not use or share your User Information for purposes other than those for which it was collected, except with your consent or as required by law. Your User Information shall be retained only as long as necessary for the fulfillment of those purposes. We may also retain information as necessary to comply with our legal obligations, resolve disputes, enforce our agreements, and for legitimate business purposes. User Information that is no longer required to fulfill the identified purposes will be destroyed, erased, or made anonymous.
To make a request regarding your User Information—including to know, access, delete, correct, restrict, or opt-out of selling or sharing User Information, or for any other privacy-related request—please contact us through the Platform or by email at privacy@hellowellnest.com. We may verify the request by asking you to provide information that matches information we have on file about you. You can designate an authorized agent to exercise these rights on your behalf, but we will require proof that the agent is authorized to act on your behalf and may ask you to verify your identity with us directly. In some cases, you may be able to exercise certain rights via your account settings or by deleting your account.
In addition, you may opt out of marketing communications at any time by clicking the "unsubscribe" link in any marketing email or by contacting us. We will use commercially reasonable efforts to process such requests in a timely manner, in accordance with applicable law. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the Platform (e.g., requests for support). We may also deliver notifications to your device (e.g., push notifications). You can disable these notifications by deleting the relevant service or by changing the settings on your device.
If we decline to take action regarding a request you have submitted, you may submit an appeal by sending an email to privacy@hellowellnest.com. We will respond within the time frame required by applicable state law.
7. CHILDREN'S PRIVACY
The Platform is not directed to children under the age of 13. We do not knowingly collect personal information from children under 13 without appropriate parental consent in accordance with the Children's Online Privacy Protection Act (COPPA). If we become aware that we have collected personal information from a child under 13 without the required consent, we will take steps to delete such information promptly. If you believe we may have collected personal information from a child under 13, please contact us at privacy@hellowellnest.com.
8. INTERNATIONAL DATA TRANSFERS
Your information may be transferred to, stored, and processed in the United States and other countries where Wellnest or our service providers operate. If you access or use the Platform from outside the United States, please be aware that your information may be transferred to a country with different data protection laws than your country of residence. By using the Platform, you consent to such transfers.
Where required by applicable law, including the Brazilian General Data Protection Law (Lei Geral de Proteção de Dados Pessoais — LGPD), we implement appropriate safeguards, such as Standard Contractual Clauses or other approved transfer mechanisms, to protect your information during international transfers. By using the Platform, you acknowledge and consent to such transfers, storage, and processing, subject to these safeguards.
9. THIRD-PARTY LINKS AND SERVICES
The Platform may contain links to third-party websites, applications, or services. This Privacy Policy does not apply to such third-party services, and we are not responsible for their content or privacy practices. We encourage you to review the privacy policies and terms of use of any third-party services you access.
In addition, if you access the Platform through a third-party app store or marketplace (such as the Apple App Store or Google Play), that third party may collect information about you or your device in connection with your use of the Platform. We do not control and are not responsible for such data collection or use, which is governed by the applicable third party's privacy policies.
10. COOKIES AND TRACKING TECHNOLOGIES
We use cookies, web beacons, and similar tracking technologies to collect usage information, remember your preferences, and improve the Platform. Cookies are small text files stored on your device or browser that help us recognize repeat users and understand how the Platform is used.
We may use:
- Session cookies, which expire when you close your browser or application; and
- Persistent cookies, which remain on your device until deleted.
We may use cookies for various purposes, including to: (a) personalize your experience on the Platform; and (b) analyze which features and portions of the Platform are accessed and used most frequently.
You can manage or disable cookies through your browser or device settings. Please note that disabling certain cookies may affect the functionality or availability of the Platform.
At this time, we do not respond to browser "Do Not Track" signals, but we recognize and honor legally required browser-based opt-out or preference signals where applicable.
11. CHANGES TO THIS PRIVACY POLICY
This Privacy Policy is effective as of the date stated at the top of this page. We may update this Privacy Policy from time to time. We will notify you of material changes prior to the change becoming effective by posting the updated policy on the Platform, updating the "Last Updated" date, and, where required by law, seeking your consent. Your continued use of the Platform after the effective date of changes constitutes your acceptance of the updated Privacy Policy.
12. DATA PROTECTION OFFICER
For questions about this Privacy Policy or our data practices, please contact our Data Protection team:
Wellnest Technologies, Inc.
Attn: Data Protection Officer
5105 DTC Parkway, Suite 150,
Greenwood Village, CO 80111
Email: privacy@hellowellnest.com