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Privacy Policy

Last updated on December 4th, 2022

Thrive Health App, Inc. (“we”, “us”, or “our”) created this Privacy Policy to describe its data collection, use, and disclosure practices with respect to information that identifies or may reasonably identify you. This Privacy Policy applies to our integrated digital health and counseling mobile application platform and any accompanying tools or products (“Services”) and our Website or other areas where we collect or receive personal data about you (collectively, the “Platform”).

By using the Platform, you affirm that you have read this Privacy Policy and our Terms of Service and that you understand, agree to be bound by, and acknowledge all the terms contained herein. If you do not agree to be bound by the terms of this Privacy Policy or the Terms of Service, then do not use the Platform.

 

CHILDREN

Our Platform is not directed to and not intended for children under the age of 18. We do not knowingly collect or solicit data from children under the age of 18. If you know that we have received data from a child under the age of 18, please contact us by following the instructions in the section CONTACT US, below, so that we may delete their data from our system.

 

PERSONAL DATA COLLECTION

We collect information from website users, registered members, and counselors, as these roles described below: 

  • Website User: individuals who visit our Website, including Agave Members and Counselors. 

  • Agave Member: individuals who create an account on the Platform.  

  • Counselor: individuals who provide coaching or counseling to Agave Members on the Platform. 

The table below details our data collection, use, and disclosure practices based on how you interact with our Platform.  We retain each of the below categories of personal data for as long as necessary to comply with legal obligations, fulfill your requests or inquiries, and improve our Platform.

Privacy Policy Table v1.png

Please note that we may collect the above types of personal data by combining this information with data that we collect offline or from different devices or browsers that you use to access the Platform. We may also collect personal data by combining personal data with third-party service providers in order to provide the Services, such as for payment or other administrative purposes.

 

HOW WE USE YOUR PERSONAL DATA

In addition to the uses described above for specific data categories, we may use your personal data that we collect through our Platform in the following circumstances:

  • To Provide Our Services and Operate the Platform. This includes fulfilling your request(s) for our Services.

  • To Improve Our Platform. We may use your personal data to make our Services and Platform better. We may also use your personal data to customize your experience on the Platform.

  • To Understand Your Interests. For example, we may use your personal data to better understand what features in our Services and/or Platform interest you.

  • To Respond to Your Requests or Questions. This includes responding to your feedback or requests for more information.

  • To Communicate With You. We may communicate with you about your account or our relationship. We may also contact you about this Privacy Policy.

  • For Marketing Purposes, including Targeted Advertising. We might use your personal data to serve you ads or other content about our Services, Platform, including new features or products that we develop in the future. These might be third-party offers for tools, products, or services that we think you might find interesting. We and our partners may engage in interest-based advertising, or targeted advertising, using data and personal data gathered across multiple websites, devices, or other platforms. These practices may be considered a “sale” of personal data under some state laws.

  • For Security Purposes. This includes protecting us and the Website Users who use our Platform. It may also include protecting our Platform, including this website.

  • As Otherwise Permitted By Law or As We May Notify You.

 

HOW WE SHARE YOUR PERSONAL DATA

We may share your personal data in the following ways:

  • With Our Service Providers. We may share your personal data with third parties who perform services on our behalf or help us provide, manage, and maintain the Platform. This may include payment processors, email management services, database storage, technical support and maintenance providers, and data analytics providers.

  • Between Agave Members and Counselors.  To facilitate interactions between Counselors and Agave Members, we provide certain limited personal data of Agave Members to Counselors and certain limited personal data of Counselors to Agave Members. 

  • On our Platform or Social Media Pages. For example, we may display or repost personal data that you post in our community blogs or social media forums, like Facebook, Twitter, YouTube, LinkedIn, and Instagram.

  • With Advertising Partners for Targeted Advertising. Third-party marketing and advertising providers may collect personal data about Website Users over time and across different websites, applications, and devices for the purposes of targeted advertising. These third parties may also collect personal data in this way on our Website. These practices may be considered a “sale” of personal data under some U.S. state laws.

  • With Our Business or Research Partners. For example, this may include a company that co-sponsors a promotion or, with your consent, clinical research partners.

  • Within the Context of a Merger or Similar Business Transaction. For example, if we assess or actually merge with, acquire or are acquired by, or sell a brand or part of its business to another business entity. This may include an asset sale, corporate reorganization, or other change of control, potentially involving the bankruptcy process. We may transfer our customer information, which may include your personal data, as part of such a transaction or as a stand-alone asset.

  • To Comply with the Law or To Protect Ourselves. For example, this could include responding to a court order or subpoena. It could also include sharing personal data if requested by a government agency or investigatory body. We might share personal data to protect or assess our own legal rights, such as with third-party advisors. We might share personal data in order to protect the rights, privacy, safety, or property of ourselves, our employees and personnel associated with us, our business partners, or you.

  • For Other Reasons We May Describe to You and/or As You May Consent To.

 

SECURITY AND RETENTION

We use reasonable administrative, physical, and technical safeguards to protect personal data that we collect. We work with payment vendor, Stripe, to facilitate payment through our Platform. You may visit this vendor’s website to learn more about their security features. 

However, no data transmission or storage system is guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of your account has been compromised), please immediately notify us by following the instructions in CONTACT US.

 

LINKS

This Privacy Policy does not address, and we are not responsible for, the privacy or other information practices of any third parties, including any third party operating any site or service to which the Platform links. The inclusion of a link on the Platform does not imply endorsement of the linked site or service by us. In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any personal data you disclose to other organizations through or in connection with the Platform.

 

CHOICES REGARDING YOUR PERSONAL DATA

You have certain choices about how we use your personal data. Certain choices you make are specific to your browser and/or device. For more details about rights you may have related to your personal data based on your residency, please see the below section.

Marketing Communications:

You can opt-out of receiving our marketing communications. Note that you will still receive transactional messages from us, including information or security updates about your account and responses to your inquiries. To opt-out of receiving our marketing communications, you can follow the instructions included with the communication.

Cookies & Other Tracking Technologies:

Cookies are small text files that websites place on your device as you are browsing, which are stored by your web browser. By storing data, cookies serve crucial functions for websites. If you prefer not to share data, you can disable them. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Platform. 

Our Platform does not currently recognize or respond to “Do Not Track” signals. However, your browser may give you the ability to control cookies or other tracking tools. If you do not want data, which may include personal data, collected through the use of cookies, please follow instructions available in your browser settings to automatically decline cookies or be given the choice of declining or accepting the transfer to your computer of a particular cookie (or cookies) from a website. To learn more about cookies and how to manage them, you may find the following link helpful: https://www.aboutcookies.org/.

 

REQUESTS REGARDING YOUR PERSONAL DATA

Additionally, if we receive a request from you regarding your personal data, we will reasonably endeavor to process it.  Common requests include:

  • obtaining a copy of your personal data; 

  • obtaining information about what personal data we maintain about you and how we share it; 

  • requesting that your personal data be amended if it is inaccurate or incomplete; 

  • requesting the deletion of your personal data; 

  • requesting the restriction of processing of your personal data; and 

  • opting out of targeted advertising. 

RIGHTS THAT YOU MAY HAVE REGARDING YOUR PERSONAL DATA

The below rights differ depending on where you live (including specifically in California, Virginia, Colorado, Connecticut, Utah, and Nevada). Please note that we reserve the right to honor your rights as required by applicable law.

  • Right to Access and Obtain a Copy: If you ask us, we will confirm whether we are processing your personal data and, if so, provide you with a copy of all personal data you are entitled to receive along with certain other details. In addition, you may request to know the types of third parties with whom we share your personal data, and the categories of personal data we share with them. 

  • Right to Amend: If you believe your personal data is inaccurate or incomplete, you are entitled to request that we correct or complete it. If you ask us, and where possible and lawful to do so, we will also tell you with whom we shared your personal data so you can contact them directly.

  • Right to Delete: You may request that we delete or remove your personal data. If we shared your personal data with others, we will tell them about the erasure as directed by law. 

  • Right to Restrict Processing: You may ask us to restrict or ‘block’ the processing of your personal data in certain circumstances, such as if we process personal data that is considered “sensitive” under applicable state laws for certain reasons or engage in automated decision-making.

  • Right to Opt Out of Targeted Advertising: Targeted advertising is the practice of serving you tailored advertisements based your personal data gathered across other businesses’ websites, applications, or services. You have the right to opt out of this practice.

  • Right to Opt Out of Sales: Some U.S. state laws may consider targeted advertising a “sale” of personal data. You have the right to opt out of sales.

  • Right to Non-discrimination: We will not discriminate against you for exercising these rights, but we may charge a reasonable fee as permitted by law in fulfilling these rights, such as if you request multiple copies of your personal data.

 

CALIFORNIA RESIDENTS

The following statements are made in compliance with the California Consumer Privacy Act (“CCPA”), as amended.

We do not use or disclose sensitive personal data for purposes other than those specified by the CCPA.

Do Not Sell or Share My Personal Information

Because we engage in targeted advertising, we may “sell” personal data as defined by CCPA. If you would like to opt out of this practice, please click on the above link or contact us by following the instructions in CONTACT US. 

We do not knowingly sell personal data of consumers under the age of 16.

 

In the past 12 months, we have collected personal data identified above from the sources identified above (see PERSONAL DATA COLLECTION). This data falls into the following categories of personal data under the CCPA:

  • Identifiers, including your username and password* if you create an account with us

  • Categories listed in California Civil Code 1798.80(e)

  • Characteristics of protected classifications under California or federal law

  • Internet or electronic network activity information

  • Professional or employment-related information

  • Health information*

  • Messages sent through the Services*

The above categories marked with an asterisk (*) are considered “sensitive” personal data according to the CCPA.

 

The personal data that we have disclosed to or shared with third parties in the past 12 months is described above in HOW WE SHARE YOUR PERSONAL DATA, and includes information from the following categories of personal data under the CCPA:

  • Identifiers, including your username and password* if you create an account with us

  • Categories listed in California Civil Code 1798.80(e)

  • Characteristics of protected classifications under California or federal law

  • Internet or electronic network activity information

  • Professional or employment-related information

  • Health information*

  • Messages sent through the Services*

The above categories marked with an asterisk (*) are considered “sensitive” personal data according to the CCPA.

 

CONTACT US

If you or your authorized agent has any questions, comments, or concerns with respect to our privacy practices or this Privacy Policy or would like to submit a request pertaining to your personal data, please contact us at hello@agavehealth.com. Please note that if you contact us through an authorized agent, we may request additional information to confirm that they have authority to act on your behalf, such as your written and signed confirmation.

You or your authorized agent may also write to us at the following address:

333 River sStreet, aApt 942

Hoboken, NJ

07030

 

If you disagree with our determination regarding your personal data rights, you or your authorized agent may appeal the decision by [INSERT METHOD, MAY BE EMAIL]. Please include confirmation of your original decision when requesting an appeal. If you have concerns with how we process your appeal, you may have the right to contract your state’s attorney general.


 

CHANGES IN POLICY

From time to time, we may change our Privacy Policy. We will notify you of any material changes to our Privacy Policy as required by law. We will also post an updated copy on our website. This Privacy Policy is current as of the “Last update” date above.

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