Transform Participant Privacy Notice

Last Updated: June 30, 2022

The Virgin Pulse Transform program (the “Program”) is a voluntary wellness program that encourages healthy lifestyle changes. The Program is paid for by a sponsoring organization (the “Program Sponsor”) and operated by Virgin Pulse, Inc., a corporation organized under the laws of the State of Delaware, headquartered at 75 Fountain Street, Providence, Rhode Island, 02903 (“Virgin Pulse”)

We are committed to protecting your rights and your privacy. This Privacy Notice (the “Notice”) explains what data we collect about you and how we store, analyze and share the data we collect about you through the platform and the mobile application. This Notice applies to all Personal Information managed as part of the Program whether collected online or offline. The Notice also explains your rights with regards to your data, and how to contact us to request access, corrections, transfer, restriction, or deletion of the data we have collected about you.

We have designed this Privacy Notice in a question-and-answer format to make it easy to read and understand. Please read through it carefully. If you do not agree with our policies and practices contained in this Notice, please do not enroll in the Virgin Pulse Transform Program.

Does Virgin Pulse collect information about me?

Yes. We collect anonymous and Personal Information about you to provide you with the Program and our services. “Personal Information” means any information, including personal and material circumstances, that allows a person to become identifiable. The Personal Information we collect includes, but is not limited to:

• Your contact information, including your first name and last name, home address, personal and business email addresses, and your phone number;
• The email address you use to sign-in;
• Your profile information;
• Your gender, date of birth and age;
• Your social security number or employee identification number;
• Biometric information such as your blood pressure or weight;
• Information about your health;
• Information about your fitness and related wellness activities offered within the Program;
• Information about your participation and performance in the Program and related challenges;
• Information you voluntarily share about yourself during any calls you participate in with our health coaches;
• Information you voluntarily share with our Member Services team;
• The comments and contributions you may make on the web-based platform or mobile application; and
• Additional information you may provide as you submit queries and requests to us.

Please keep in mind that the extent of the Personal Information you may be able to share with us will depend on the Program design and the features made available to you, as well as your level of participation in the Program. You are under no obligation to provide any Personal Information to us at any time. However, if you choose to withhold some Personal Information, we may be unable to provide you with certain services.

How does Virgin Pulse use my Personal Information?

We will use the Personal Information collected only to provide you with access to our services, including:

• To administer and manage the Program;
• To administer and manage your Virgin Pulse account and Participation;
• To identify you when you enroll or sign-in;
• To track your progress in the Program;
• To provide you with information about the Program and Program features;
• To respond to your questions and requests; and
• To provide appropriate security and confidentiality controls to protect your Personal Information.

Additionally, we may create “Anonymous Data” records by removing any Personal Information (including any contact information) that would allow the remaining data to be linked back to you. We may use the Anonymous Data for internal purposes, such as analyzing patterns and Program usage to improve our services. Additionally, we may use Anonymous Data to analyze and understand demographic trends, customer behavior patterns and preferences, and information that can help us enrich the content and quality of the Program.

How does Virgin Pulse communicate with me?

If you have opted to receive push notifications on your mobile device, we may, from time to time, send you push notifications to provide you with reminders and notices. If you no longer wish to receive such communications, you may turn them off at the device level.

From time to time, we may send you e-mails or newsletters with information about your Program, any available features, or related services. You may opt-out of our communications, free of charge, at any time, by responding STOP to communications, asking your coach to remove you from communications, or by contacting Member Services directly.

Can Virgin Pulse contact me directly?

You may share your phone number with us, or we may receive it from your Program Sponsor or third party. If you are a US resident, by providing us your phone number or by accepting the Participation Agreement for your Program, you are consenting to us contacting you directly, including, but not limited to, via phone, the use of an automated telephone dialing system, prerecorded and/or artificial voice, SMS, MMS, text, fax or other similar means, at any phone number included on your profile. You may update your contact information by contacting your coach or by contacting Member Services. See the Participation Agreement for more information about text messaging terms.

How does Virgin Pulse collect my Personal Information?

We collect Personal Information you voluntarily provide as you submit it through the web-based platform and the mobile application, by reviewing your use of the web-based platform and mobile application (for example through the completion of a health assessment), your use of a synched tracking device such as a scale or activity tracking device and when you participate in our phone or on-site services.

We may also automatically collect additional information when you visit our web-based platform or mobile application, including the type of browser used, the internet service provider (ISP), referring and exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), date and time stamps of activity on the platform, the accessing IP address (the unique address that identifies your device on the internet) and the operating system your device uses. We use this additional information to derive a broad, non-specific understanding of the locations from which our Participants access our services, and to enhance the security controls around platform access. We also use it to analyze trends, administer the web-based platform, track Participants’ movements on the platform and around the website, and to gather demographic information about our Participant base as a whole.

Does Virgin Pulse collect Personal Information about children?

As is explained in the Participation Agreement, the Program is designed for adults over the age of 18. We do not knowingly collect Personal Information about children under the age of 13. If you have reason to believe that we have collected Personal Information about anyone under the age of 13, you can contact us to remove the Personal Information.

What are the activity tracking devices and how do they track my activity?

As a Participant, we will provide you certain devices to track your progress throughout the Program. You are also able to connect other health and activity tracking devices to your account. If you choose to synchronize a tracking device with the Program, we will receive limited information about your activity to populate your account. Tracking devices can track a wide number of different aspects of your daily activities, including, among others, your daily steps and fitness activity, your heartbeat and sleep pattern. Depending on the brand and model of tracker you use, the data collected may vary. In general, companies selling tracking devices have specific privacy policies available, which outline what data the specific activity tracking device collects. We strongly suggest you review the right privacy notice to know what specific data points your activity tracking device collects about you. As part of your participation, you will be provided a digital scale to monitor your progress in the Program. While the scale may be capable of recording a variety of values, we only ingest weight related information.

Does Virgin Pulse receive information about me from other sources?

Yes. We may receive information about you from various sources to support the Program and services included in it. The sources may include:

Your Program Sponsor

Depending on your Program design, your Program Sponsor may provide us your Personal Information to identify you as an individual who is able to join the Program and become a Participant. We call this an “Eligibility File”. Please contact your Program Sponsor directly if you wish for your Program Sponsor to stop sending us information about you. Keep in mind that if you are removed from the Eligibility File you will no longer have access to the Program and will not be able to enroll in the Program.

Your Healthcare Provider

With your prior approval, we may receive healthcare-related information from your healthcare provider and any clinics or organized care facility with which your provider is associated.

Public Databases

We may receive information about you from other sources including publicly available databases or third parties from whom we have purchased data. We combine this data with information we already have about you. We may also combine publicly available aggregated census and demographical data with your Personal Information. This can help us analyze our records to better evaluate the effectiveness of our services.

Examples of the types of Personal Information that we may obtain from public databases include:

1. Address information about you from third-party sources, such as the U.S. Postal Service, to verify your address before we send you mail or fulfill orders from the Virgin Pulse Online Store;
2. The U.S. Federal Do Not Call registry, to verify do not call preferences recorded there;

What Tools does Virgin Pulse use to Collect my Personal Information?

Virgin Pulse and its vendors may use tools such as Cookies, tags, scripts and other similar technologies to enhance and support your experience on the platform. These technologies help us administer the web-based platform and mobile application, measure traffic patterns and the total number of users, as well as to personalize and customize the platform’s content, so that your settings are “remembered” when you login.

“Cookies” are small pieces of text sent to your browser by a website you visit. Cookies help our web-based platform to remember information about your visit, like your preferred settings. Cookies play an important role, they can make your next visit easier and the web-based platform more useful to you. You can learn more about Cookies by visiting www.allaboutcookies.org, where you will also find information about how to block Cookies on different types of browsers. Depending on your location, additional information about Cookies may be presented to you when you visit the web-based platform, and you are given the opportunity to object to the use of Cookies. However, please be aware that by blocking or deleting Cookies you may not be able to take full advantage of the web-based platform or mobile application.

Our web-based platform uses Cookies to collect information about Participant usage of the Program. Additionally, some Cookies on our web-based platform are set by third parties who are delivering services on our behalf. Within the mobile application, webpages are sometimes displayed. Cookies allow you to avoid having to reenter your login credentials when accessing webpages. You can manage your cookie preferences on our website by clicking here (ADD LINK)

We use cookies:

• To remember that you have used the website before, allowing us to identify you, as well as the number of unique visitors we receive and manage capacity;
• To allow you to navigate the website more quickly and easily;
• To remember your log-in session as you move from one page to the next within the platform;
• To store your settings and preferences;
• To customize some aspects of the platform to reflect your interests and preferences; and
• To collect statistical information about how you use the website, allowing us to improve our services over time.

Does Virgin Pulse use mobile analytics?

We use mobile analytics software to allow us to review the functionality of our mobile software on your phone, and how to improve its quality and our services. The mobile analytics software may record information such as how often you use the mobile application, the events that occur within the mobile application, crash reports and performance data, where the application was downloaded from and other metrics, such as aggregated usage. The information collected by the mobile analytics software is managed separately from other Personal Information you submit within the mobile application.

Are there links to third party websites and mobile applications on the Virgin Pulse platform or mobile application?

Our web-based platform and mobile application may contain links to other websites that we do not own or control. We provide these links and connections for your convenience. We have no control over these third parties, their privacy policies, and the content they display on their websites or mobile applications. If you choose to submit Personal Information while visiting these websites or using these mobile applications, please be aware your rights will be governed by the third parties’ privacy policies. We strongly encourage you to carefully read the privacy notice of any website or mobile application you visit or use.

Who at Virgin Pulse has access to my Personal Information?

We rely on role-based access and only grant access to our employees, contractors and agents who are involved with delivering the Program services to you according to our policies and procedures. As a global company, we have a number of offices and subsidiaries around the world. We have office locations or subsidiaries in the United States, the United Kingdom, Canada, Bosnia & Herzegovina, Switzerland, Singapore and Australia. Our employees at these locations may be required to access your Personal Information to provide you with quality services, including Member Services through the Virgin Pulse Call Center. Our employees are obligated to respect the confidentiality of your Personal Information and are only authorized to access your Personal Information as necessary to provide you with services or support. Examples of the employees who have access to your Personal Information include our member services staff, our wellness coaching staff, billing staff and our data reporting staff.

Can other Participants view my Personal Information?

Upon enrollment you will be assigned to a group with other Participants (“Peer Group”). Other Participants in your Peer Group will be able to see your name and any information you post in the Peer Group chat. You can start individual chats with other Participants without sharing the conversation with the full Peer Group. Each Peer Group is assigned a lifestyle coach (“Coach”) to support the Participants in their participation. The Coach will be able to see your account, any information within your account as you add it over time, as well as anything you post in the Peer Group chat. Your Program Sponsor is not able to view information posted in your Peer Group. Please be aware that any information disclosed in these settings may become public information. You should exercise caution if disclosing Personal Information while using these features.

Does Virgin Pulse disclose my Personal Information to third parties?

We may, from time to time, share your Personal Information with third parties to allow us to provide you with our services. If we need to share your Personal Information with third parties, we will limit the information disclosed to the minimum amount necessary to ensure the provision and quality of the services we offer you. We never use, disclose, or share your Personal Information collected through the Program for third-party marketing purposes, and we never sell, rent or lease your Personal Information to third parties. At the request of your Program Sponsor, we may combine Personal Information from third party databases with Personal Information from the Program to deliver you targeted messages related to the Program. This may be deemed to constitute a sale of Personal Information. Subject to any limitations imposed by applicable laws, we reserve the right to disclose Anonymous Data at our discretion.

In certain situations, Virgin Pulse may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

In the event that we (a) undergo reorganization or liquidation under bankruptcy, or (b) are sold to a third party, any Personal Information we hold about you may be transferred to the reorganized entity or third party, in accordance with applicable laws. In any such event, the new entity will continue to use your Personal Information in accordance with and within the limits of this Notice to ensure continuation of service.

Who does Virgin Pulse disclose my Personal Information to?

Agents and contractors

In some instances, we may disclose your Personal Information to agents or contractors that work on our behalf and assist us in providing and supporting the services we offer. This may include completing your enrollment and fulfilling delivery of the scale provided as part of the Program, fulfilling your requests, analyzing your data, or helping us to communicate important information about the Program.

Your Program Sponsor

We may share anonymized and aggregated data with your Program Sponsor. Your Program Sponsor will not be able to use such anonymized or aggregated data to directly identify you. In specific circumstances and for limited purposes, such as to ensure proper Program administration and support, or to support tax compliance, we may share reports containing identifiable information with your Program Sponsor. Your Program Sponsor may use the anonymized information in its discretion, including to evaluate the overall program, as well as to provide additional benefits, programs and services.

If your activity information indicates there may be an abnormality or Program abuse, we may share your activity information with your Program Sponsor and make adjustments, suspend, or terminate your account, in accordance with your Program Sponsor’s instructions.

Medical care providers

When your Program Sponsor is also your medical care provider, we may share your Personal Information, including detailed wellness related information, to facilitate treatment activities.

Health Insurance Providers

If your Program Sponsor is your Health Plan, we may share additional information about you and your participation in the Program, to ensure you are provided access to any additional services or engagement opportunities and benefits that may be offered through your Health Plan.

Who else does Virgin Pulse disclose my Personal Information to?

Benefits Distributors and Aggregators

Your Program Sponsor may have engaged our services through a distributor or aggregator service. If directed to do so by your Program Sponsor, we may share limited amounts of Personal Information with these services related to your participation in the Program to facilitate coordination of services across multiple wellness providers.

We may provide information in an anonymous and aggregated format or provide your Personal Information in a group format to third parties that process that Personal Information (“Analytics Processors”) to generate Anonymous Information and derive analytical information. The Analytics Processors do not have any independent right to use your Personal Information, except to provide the aggregation and analysis services. You can request the names of such Analytics Processors by contacting us.

Government entities

We may be required to disclose your Personal Information if:

1. Legally required to do so by governments, tribunals, law enforcement and regulatory agencies (for example as part of an ongoing investigation, subpoena, similar legal process or proceeding);
2. As otherwise required under any applicable law, regulation, or rule; and
3. If we believe, in good faith, that such disclosure is necessary to protect or defend our rights or the rights of others, to assist in an investigation or to prevent illegal activity.

Why may Virgin Pulse disclose my Personal Information?

From time to time we may need to disclose limited amounts of your Personal Information. We limit our disclosures to the least amount of information required to meet the permissible purpose. We disclose your Personal Information for the following limited purposes:

• At your request to whomever you direct us to disclose the information;
• To administer the Program, services and the Virgin Pulse Online Store;
• To coordinate enrollment in additional services made available to you;
• To enhance your Program experience;
• To provide you with information about the services available to you through the Program and platform;
• To evaluate the overall quality and effectiveness of the program(s) you may participate in;
• To conduct in depth analytics about the Program;
• To assess your eligibility for other programs that your Program Sponsor or Third-Party Providers may offer; or
• To comply with applicable laws.

Where and how is my Personal Information and other data stored?

All your data, including any Personal Information we collect about you, is stored at Amazon Web Services data centers located in the United States of America (USA). Because your data is stored on USA soil, it may be subject to USA laws, including the “Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act of 2001” (USA PATRIOT Act), as well as the jurisdiction of the USA government, tribunals, law enforcement and regulatory agencies, which may require us to grant them access to your data.

How does Virgin Pulse Secure my Personal Information?

We are committed to protecting your data and your privacy. To ensure data security, we follow reasonable physical, electronic and managerial procedures designed to safeguard and secure your data and Personal Information. However, no company can fully eliminate security risks associated with the provision of online services.

Among the security features we use to protect your Personal Information and other data, we require that you create and use a username and unique password to access the web-based platform and mobile application. We use multiple layers of security to protect your Personal Information and data, including firewalls, intrusion detection tools and antivirus software.

How does Virgin Pulse protect my Personal Information during transfers with authorized parties?

When we receive Personal Information from a third party, or share Personal Information with a third party, we execute appropriate written agreements based on the applicable jurisdiction. For example, we execute EU approved standard contractual clauses with EU-based Program Sponsors that send us Eligibility Files as the data importer, as that term is defined in the GDPR. We also execute EU approved standard contractual clauses with our subcontractors that assist us in processing EU based data, as the data exporter.

What data protection rights do I have?

Various laws from around the world establish varying levels of data subject rights. At Virgin Pulse we strive to provide a similar level of data rights to all our Participants, regardless of where they live, but some of those rights are governed by local laws. In addition to the basic rights of confidentiality, those rights include:

• ·       The right of access, explained in more detail below.
• The right to amend or change your data, explained in more detail below.
• The right to transfer your data to another provider, explained in more detail below.
• The right to delete your data, also called the right to be forgotten, explained in more detail below.
• The right to object to processing activities, explained in more detail below.
• The right to restrict processing activities, explained in more detail below.
• The right to submit data protection related complaints to us and to relevant government agencies, as referenced above.
• The right to opt out of selling your data, explained in more detail below.

You can use our online data management tool, available on your profile page, to submit data subject rights requests.

Can I access or change the Personal Information Virgin Pulse has collected about me?

Yes, you can review and change your Personal Information by logging into the platform or mobile application. All our Participants, regardless of residency, except in specific circumstances identified by local laws, have a legal right to access and correct or update the information we have collected about you. You can also request a copy of all the Personal Information and data we hold about you. We will provide you with a copy of all the data we have collected about you in a standard format (such as Excel) through a secure channel. You can contact us to request a copy of all your Personal Information or to request a change in your Personal Information through the “Data Requests” option in the platform or mobile application. We will respond to your request within a reasonable timeframe.

Please keep in mind that we may not be able to accommodate your request if we reasonably believe the change would violate any laws or cause the information to be inaccurate or incorrect. Additionally, we may not be able to fulfill a request where it would impose a burden on us that is disproportionate to the risk to your privacy, or where your request may affect another individual’s rights to privacy. If we are unable to fulfill a request, we will provide you with the reasons why we are unable to comply.

Can I request that my Personal Information and other data be transferred to a different company?

Yes, you can request that all your Personal Information and other data be transferred to a different wellness services provider. To complete the transfer, we will require additional information about the new vendor to ensure a secure channel is used, so that your Personal Information and other data remain protected. Depending on the circumstances, we may be unable to support a transfer. However, we will be able to provide you with your Personal Information which you will be able to disclose to anyone you choose. To request such transfer, you may contact us through the “Data Requests” option in the platform or mobile application. We will respond to your request within a reasonable timeframe.

Can I request that my Personal Information and data be deleted from Virgin Pulse databases?

Yes, you can request that we delete your identifying information from our system. You may terminate your Program Participation at any time by submitting a deletion request to our Member Services team, or through the “Data Requests” option in the platform or mobile application. Your Participation will terminate within 30 days from when we receive your request. Following your deletion request, we may still receive some information about you on your Program Sponsor provided Eligibility Files discussed earlier in this Notice. To remove your information from these sources you will need to submit that request directly to your Program Sponsor.

Your Personal Information will be permanently and irreversibly deidentified at the end of an additional 30-day grace period.

Can I request that Virgin Pulse restrict processing for some of my data?

Beyond the information necessary for enrollment, you are not required to share any additional information with us, however, choosing not to share information may limit your ability to fully benefit from enrollment in the Program You can choose to limit the data you share with us by not inputting or not using certain features. However, once you have shared information, we are unable to accommodate requests to restrict the processing of certain sets of data. If you wish for us to stop processing parts of your data, you can request that all data be deleted by cancelling your account.

Can I object to Virgin Pulse’s processing of my data?

Yes, you can object to our processing of your data by contacting the Privacy Officer and notifying us that you wish for your account to be suspended while your concerns about the processing of your data are resolved. Once you feel comfortable resuming use of the Program, you can contact us to unlock your account. If you realize during the time your account is suspended that you do not feel comfortable resuming use of the Program, you can cancel your account. Your data will be deleted in accordance with our standard process, except that you will not be able to access your account while the cancellation process takes place unless you first request for the suspension to be lifted.

Can I opt-out of Virgin Pulse selling my Personal Information?

Virgin Pulse recognizes that you may have a right to opt-out of any “sale” of your Personal Information. In the US we may combine Personal Data from third-party databases with our communications services in a way that could be deemed a sale of personal data under applicable laws. If you would like to opt out of any activity that could be deemed a sale under applicable laws, please use our Individual Data Rights Request form to submit the request.

How does Virgin Pulse make changes to this Privacy Notice?

We may update this Notice from time to time to reflect changes in our information practice and services offered. If we make any material changes to this Notice, you will be notified via an update notification, and you will be given the opportunity to review and accept the new Notice prior to being able to access the platform or continue to use the Program. The date indicating the last update can be found at the top of the Notice. If there are typographical mistakes, like grammar or spelling errors, in the Notice we may correct them without notifying you.

What laws, regulations or frameworks does Virgin Pulse comply with?

We comply with any applicable laws and regulations based on the geographical location you select. You are asked to input your country and, if applicable, state of residence during enrollment. Any discrepancy between your true residence and the information disclosed to us, and how that may affect the functionality of the platform, remains your responsibility.

The level of data protection established in the USA is generally lower than the one established in the European Union (EU) and other countries with data protection laws similar to the EU; therefore, we take measures to ensure that your Personal Information is stored safely with us, meeting regulatory privacy and security requirements imposed on EU businesses. Nothing in this Notice limits or attempts to limit your rights under applicable laws, including your ability, depending on your country of residence, to file a complaint with your local Data Protection Authority.

Virgin Pulse’s privacy practices, described in this Privacy Notice, comply with the APEC Cross Border Privacy Rules System. The APEC CBPR system provides a framework for organizations to ensure protection of personal information transferred among participating APEC economies. For more information about the APEC framework, please download and review this document.

Virgin Pulse also complies with the California Consumer Privacy Act (CCPA) and similar state laws. If you are California Resident, please see our Supplemental Privacy Notice for California Residents.

Which Translation of the Virgin Pulse Privacy Notice is the Official Version?

Please note that any translation of this Notice is intended solely to facilitate your access to this information. The English version is the only official version of this Notice, and any translation inaccuracies or discrepancies are not binding and have no legal effect for compliance or enforcement purposes.

How can I contact Virgin Pulse or its Data Protection Officer (DPO)?

If you have general questions about your Program, you can contact Member Services by calling 1-888-671-9395 (in the US) or by sending an email to [email protected].

If you have any questions, comments or concerns, about this Notice, or your rights and obligations under this Notice, you may contact us via email at [email protected] or via the “Contact Us” section of the Virgin Pulse web-based platform and mobile application.

Alternatively, you can contact us by writing to:

Virgin Pulse, Inc.

Attn: Privacy Officer

75 Fountain Street

Providence, Rhode Island 02903

United States.

Representation for data subjects in the EU

We value your privacy and your rights as a data subject and have therefore appointed Prighter as our privacy representative and your point of contact.

Prighter gives you an easy way to exercise your privacy-related rights (e.g., requests to access or erase personal data). If you want to contact us via our representative Prighter or make use of your data subject rights, please visit: https://prighter.com/q/12992072071