Welcome to Zemely. Your privacy is our top most priority, and we want you to know how we collect,
Policy”) as it contains important information about your legal rights.
and its affiliates and subsidiaries (Zemely,” “we,” or “us”) and you. Any capitalized terms that are not
collectively as the “Services”:
- Zemely's digitally-based health care programs (the "Zemely Programs”);
- Zemely’s mobile applications (the “Apps”);
- the websites that Zemely operates (including zemely.com and www.zemely.com) (the “Sites”); and
- all related services and features that Zemely provides.
our collection, maintenance, use, disclosure, and processing of Personal Information, all as described
explains how we collect, maintain, use, disclose, and process your information, which includes, among
other things, gathering, storing, evaluating, modifying, deleting, combining, sharing, and transferring
that information. Unless we obtain your permission, we will not share your Personal Information with
other people or non-affiliated companies except as expressly permitted or required by this Privacy
beginning at the time that you first access one of our Sites or Apps and on an ongoing basis as you use or
access the Sites, the Apps, Programs, or other aspects of our Services. Zemely is dedicated to maintaining
the privacy and integrity of your information that it receives as part of your application or from your
participation in Zemely’s Programs.
could be used to identify or contact you and any information we gather concerning your use or potential
use of the Services. Your Personal Information that we receive may include “personal information” as that
term is defined by relevant laws and regulations, including the California Consumer Privacy Act.
We collect various Personal Information from you and certain devices that you may use, as further
described below. This includes information collected through clinical screeners, applications,
registrations, and your use of the Services. We also collect Personal Information in connection with
We receive and store any information that you enter on our Site or through one of our Apps,
information that you share with us by email or phone, and any other information that you provide to us
through the Services. Personal Information that you provide may include your full name, gender, username
and password, contact information (e.g., your phone number, your email address and the email address of
your contacts, home and business postal addresses), certain health information (e.g., weight, pre-existing
medical conditions, blood glucose and blood pressure readings, information concerning your exercise,
sleep, and other activities), health insurance information, User Submissions (as further described in our
their own participation in the Services), and any other information or data that you provide when using
We also may enable you to share information with us from third parties who have received your information
because you subscribe to or otherwise participate in their services or because you use their digital
equipment. We refer to these sources as “Third-Party Data Sources.” We may receive your Personal
Information from Third-Party Health Devices if you enter that information manually through the Apps or
the Sites or if you enable the device to supply information to us automatically. In addition to
Third-Party Health Devices, Third-Party Data Sources may also include other third-party sources of
data that you authorize to deliver information to us, such as Apple HealthKit. Examples of Personal
Information that we may receive from Third-Party Data Sources, including Third-Party Health Devices,
include your weight, blood glucose readings, blood pressure readings, and information concerning your
exercise, sleep, and other activities.
We will use the Personal Information that you provide for the purposes described above (and any other
purposes intrinsic to the Services that you use) and to provide you with an engaging and personalized
experience in using the Services. You can choose not to provide us with certain information, but if you
do make that choice, we may be unable to provide you with access to or use of many of our features.
Personal Information Collected Automatically: In addition to any information that you provide to us
through the Services, we and our third-party service providers may use a variety of technologies that
store or collect certain information from you automatically (or passively) when you visit or interact
with the Site, the Apps, or other aspects of the Services (“Usage Information”). This Usage Information
may be stored or accessed using technologies downloaded to your device whenever you visit or interact with
the Services. Examples of Usage Information include: your IP address, other unique device identifiers
assigned to your device that allow our computers to recognize you, details of your device’s characteristics
and functionality (e.g., browser, operating system, mobile network information), the areas within the Site,
the Apps, or other aspects of the Services that you visit and your activities there, your device’s location,
and certain other data regarding your device. To the extent we associate Usage Information with your Personal
Information that we collect directly from you, we will treat it as Personal Information.
Information from Your Browser or Device: We automatically receive and record Usage Information from your
browser on our server logs whenever you interact with the Site, the Apps, or other aspects of the Services.
We may use this Usage Information to provide you with customer service and support. We also may use this Usage
Information to recognize you when you arrive at the Site from an external link, such as a link appearing on a
third-party site or in an email generated by us. We discuss this type of technology in more detail under
“Tracking Technologies” below.
Our Services also collect Usage Information to determine how often visitors use parts of the Site, the
Apps, or other aspects of the Services so that we can improve our Services and strive to ensure that the
Services appeal to as many users and customers as possible. Our Services collect this data in a manner
similar to how TV ratings may indicate the number of people that watched a particular show. We may provide
this de-identified, aggregate data to our partners and/or customers to identify how our users use our
Services, but we only use this data in aggregate form as a statistical measure to monitor how the Services
function and not in a manner that would permit us to identify you personally.
You may set your browser to refuse or disable these data collection methods, but doing so may change your
experience with the Site, the Apps, or other aspects of the Services, diminish certain aspects of the
Services’ functionality, or render certain features inoperable. For example, the Site may not recognize
or respond to your browser with “do not track” technologies employed.
Tracking Technologies: We may use various tracking methods or technologies (“Tracking Technologies”) to
store or collect your Usage Information, including information about your visits to or interactions with
our Site, the Apps, and other aspects of the Services. We use Tracking Technologies for a variety of
purposes we believe to be necessary or helpful in improving or assessing the performance of the Services
(for example, as part of our analytic practices) or in offering you enhanced functionality (for example,
to identify you when you sign in, to keep track of your specified preferences, or to help ensure that the
security of your account has not been compromised).
Tracking Technologies may include the following technologies and methods as well as any subsequent
technologies and methods later developed to perform similar functions:
Cookies. Cookies are alphanumeric identifiers that we transfer to your device through your browser to
enable our systems to recognize your browser and to tell us how and when you visit pages in our Site or
engage with and navigate our Site and the Services. Regular cookies may be disabled or removed generally
by adjusting certain settings available as part of most browsers. In some (but not all) cases, these tools
can block those cookies in the future. Each browser that you use would need to be set separately, and
different browsers offer different functionality and options in this regard. In addition, these tools
may not be effective for certain types of cookies (e.g., Adobe Flash or HTML5 cookies). Your ability to
limit cookies when you revisit our Site or Services is subject to your browser settings and limitations.
Please note that, if you disable or remove cookies on your device, some parts of our Site or other aspects
of our Services may not function properly.
Embedded Scripts. An embedded script is programming code designed to collect information about your
interactions with the Site, the Apps, and other aspects of our Services, such as a link that you may
click on. Embedded scripts are temporarily downloaded onto your device. Embedded scripts remain active
only while you are connected to the Services and are then deactivated or deleted.
Web Beacons. The Services may also include small graphic images or other web programming code called
“web beacons” (also known as “1×1 GIFs” or “clear GIFs”). Any electronic image or other web programming
code inserted into a page or email can act as a web beacon, and web beacons may be invisible to you.
Web beacons and similar technologies may be used for a number of purposes, including to count visitors
to the Services, to count how many sent emails were opened, to count how many articles or links were
viewed, or to monitor how users navigate the Services.
Third parties may use Tracking Technologies with our Services as well. We do not control those Tracking
Technologies, and we are not responsible for them. For example, if we serve ads on our Site or through
other aspects of the Services, our advertising partners may set cookies in connection with those ads.
These cookies may allow the advertising partner to recognize your device each time the partner sends you
an online advertisement and may enable the partner to deliver targeted advertisements to you or otherwise
cookies and other Tracking Technologies by Zemely and does not cover the use of any Tracking Technologies by
advertisers or any other third parties. You consent to potentially encountering third-party Tracking
apply to the Tracking Technologies or practices of those third parties. To confirm how any third party
collects or uses your information, please refer to that third party’s website.
Information Shared with Other Users: We take great care to protect your privacy, but please remember that
we cannot control how other users will use or disclose any information that you share on your user profile
page or disclose to Forums. We urge you to exercise discretion and caution when deciding to disclose
information, including your health information and other Personal Information, on your user profile page,
through a Forum, or otherwise through the Services. We expressly disclaim amy responsibility for the use by
others of any information, including personal information, that is disclosed by you or on your behalf on your
user profile page or to other public-facing features of the services, including discussion boards, chat rooms,
messaging services, or other forums. By disclosing any of your information through these features, you
acknowledge and accept any risk and damage arising from the disclosure of that information.
Information Shared with Our Agents: We employ other people and companies to perform tasks on our behalf,
and we must share your information with them in order to provide products and/or services to you. By
accessing or using the Services, you consent to and authorize Zemely to disclose Personal Information
about you to our authorized personnel and administrators. Unless we have your authorization or consent,
we limit these agents’ rights to use any Personal Information that we share with them to what is minimally
necessary to assist us. We do not permit these agents to rent or sell any of the Personal Information about
you that they receive from us.
Reporting to Sponsors and Third-Party Administrators: We may, in our sole discretion, share, transfer,
or otherwise disclose certain of your Protected Health Information to entities that are authorized to
receive that information for legally permitted purposes, which may include the companies paying for your
participation in a Zemely Program.
Promotional Offers: We will never disclose your Personal Information to other businesses for their
marketing purposes, but we may send you offers that promote the products of other businesses. We
intend these offers to benefit you, your health, or your experience with our Services. If you do not
wish to receive these offers, you may follow the instructions to unsubscribe contained within the emails
your request within the time required by law, if not faster, but you may receive additional offers as we
process your request.
Information Available to App Providers: By downloading any of the Apps from an App Provider, such as the
Apple App Store or Google Play, please note that the App Provider and its agents may be able to identify
you as a user of our Services.
Information Shared with Other Affiliated Businesses We Do Not Control: In order to provide you with the
optimal user experience, we anticipate that we may work with a variety of third-party businesses. In
certain situations, we may enable you to buy products or services of third-party businesses through the
Services. In other situations, we may provide services or sell products jointly with affiliated businesses.
You should be able to recognize when an affiliated business is associated with your transactions. Throughout
the course of those transactions, we will share Personal Information that is related to those transactions
with those affiliated business.
Our Business Transfers: We reserve the right to disclose and transfer all Personal Information to an
operator of the Site or of any of the Apps or applicable databases, provided that the operator agrees to
disclose and transfer all Personal Information to a successor in interest of Zemely in connection with a
merger, consolidation, restructuring, or change of control, the sale of substantially all of our interests
and/or assets, or another organizational change (including during the course of any due diligence process),
Protection of Omada and Others: We may release your Personal Information when we believe in good faith
that releasing that information is necessary to comply with applicable law, to enforce our conditions of
use and other agreements, or to protect the rights, property, or safety of Zemely, our employees, our
users, or others. We may exchange information with other companies and organizations to detect,
suppress, or protect against fraud and for credit risk reduction. If necessary and required by law,
we will disclose any breach of the security, confidentiality, or integrity of your Personal Information,
including, without limitation, breaches of your unencrypted, electronically stored “personal information”
or “medical information” (as defined by applicable laws). To the extent permitted by applicable laws,
we may make these disclosures to you via email or a conspicuous posting on your private profile in the
Services in the most expedient time possible and without unreasonable delay, so long as this is consistent
with the legitimate needs of law enforcement and any other measures necessary to determine the scope of the
breach and restore the reasonable integrity of the data system.
share with us, including any Personal Information, or otherwise process them so that they are no longer
attributable to you without additional information (“De-identified Data”). We may use that De-identified
Data without restriction in any way allowed by law. For example, we might use De-identified Data to
understand, evaluate, or modify the Services, to generate statistical information about the Services
that we share with our customers and other third parties who are evaluating, analyzing, accrediting,
or researching Zemely’s programs, or for our other business purposes. When an applicable law requires
that we use a particular method of de-identifying data or rendering it no longer attributable to you,
we will comply with that law. Otherwise, we may use a method that is appropriate under the circumstances
and would not reasonably identify you.
Security: We are concerned about safeguarding the confidentiality of your information. We provide physical,
electronic, and procedural safeguards to protect information we process and maintain. For example, we limit
access to this information to authorized employees and contractors who need to know that information in
order to operate, develop or improve the Service. Your account is protected by a password for privacy and
security. We endeavor to provide reasonable security for information we process and maintain, but please
be aware that no security system can prevent all potential security breaches.
The Services may contain links to Third-Party Offerings. When you access any Third-Party Offerings, you do
so at your own risk, and you understand and agree that you are solely responsible for reading and
not responsible for the privacy policies and/or practices of any Third-Party Offerings, and we are not
responsible or liable for the availability, performance, technical failures, content, accuracy, efficacy,
appropriateness, safety, legality, security, or any other aspect of Third-Party Offerings.
We exercise great care to protect your Personal Information. However, we cannot ensure the security or
confidentiality of any Systems or Connections that you use to transmit information to us. For example,
we cannot ensure that your email or your mobile phone or any other personal device is secure. In addition,
communication lines used to transmit emails and text messages do not have the same security features that
are built into our Services. For more information on your Systems and Connections, please review the Terms
Although we take great care to protect your Personal Information, we cannot guarantee that criminals or
others acting unlawfully will not succeed in efforts to undermine our security measures. Unauthorized
entry to, access to, or use of our systems or locations, hardware or software failure, loss, and other
factors may compromise the security of your information at any time.
If you have reason to believe that your data or your interactions with us are no longer secure or if you
have questions related to privacy or data security, you may contact us in any of the manners described
Data Retention Policy and How to Manage User-Provided Information: We will retain User-Provided Information
for as long as you use the Zemely Application and for a reasonable time thereafter. We will retain
automatically collected information for up to 6 years and thereafter we may store it in aggregate. If you
would like us to delete User Provided Information that you have provided, please contact us at
firstname.lastname@example.org and we will respond in a reasonable time. Please note that some or all of the
User-Provided Information may be required in order for the Zemely Application to function properly.
reduces your rights, we will notify you and designate a reasonable time period before the new terms
will take effect. By continuing to use or access the Services after any changes come into effect,
using the Services.
Contact Us: If you have questions about privacy while using the Zemely Application, or have questions
about our practices, please contact us as follows:
We will make every effort to resolve your concerns.