This Policy is related the MOBE Website, the MOBE Digital Health mobile application, hosted by or on behalf of MOBE, and the related features including guided health services, including the chat feature, general and customized content, Medication review, etc. (collectively, the "MOBE Services" or "Services").
This Policy is being provided to you on behalf of MOBE, LLC and its affiliates (“MOBE,” “we”, “us,” “our”). MOBE provides Services in combination with online and mobile services, including, but not limited to the MOBE Website (“mobeforlife.com” or the “Website”), widgets, computer programs and the MOBE Digital Health mobile application ("App"), hosted by or on behalf of MOBE. The App enables MOBE to enhance a consumers' engagement in their own general health and wellness which may include the use of wearable, like Apple Watch, Fitbit, etc., and non-wearable devices, like your cell phone ("Devices"). The App may be offered as part of a MOBE Service by MOBE on its own behalf and/or on behalf of a sponsoring organization, including, but not limited to your health plan, employer, provider, medical device manufacturer, Accountable Care Organization, (“Sponsor”). MOBE is the owner and operator of the Website and the App and does not provide healthcare services.
If your use of the MOBE Services is being supported by your Sponsor, any Personal Information that you provide to MOBE is considered Protected Health Information (or PHI) and we will safeguard it in accordance with all applicable state and federal requirements regarding the privacy and security of health information. “Personal Information” for purposes of this Policy means information, alone or in conjunction with other information, that identifies, or reasonably may be used to identify, you including, but not limited to, your name, address, phone number, or email address. "Protected Health Information" or "PHI" includes any individually identifiable information that we obtain from you or others that relates to your past, present, or future physical or mental health, the health care you have received, or payment for your health care. Please note that this Policy is distinct from a Notice of Privacy Practices, which you may have received from your Sponsor. A Notice of Privacy Practices is a special notice required by a federal privacy law known as “HIPAA”.
If your use of the MOBE Services is not sponsored by your Sponsor, you understand that information you provide to MOBE will not be protected under HIPAA. However, there may be specific features or aspects of the Website, App or Services that relate to information governed by HIPAA. In such instances, you may be presented within the Website or App or otherwise with patient directives or HIPAA authorizations that direct or allow medical providers or your health plan or employer to share information with MOBE. Such information will be collected, used, and shared by MOBE as stated in such directives and authorizations, and in the event of any conflict between the terms within those directives and authorizations and this Policy, the terms in your directives and authorizations shall supersede and control over the terms in this Policy.
MOBE respects your privacy and we are committed to protecting it through compliance with this Policy. This Policy explains how we handle the Personal Information we collect or that you may provide when you download, install, register with, access or use the Website or the App, including the Services, and how we use and disclose that information. This Policy also describes the risks of using electronic communications and electronic storage of your health information.
This Policy applies to information we collect through the Website or in the App, including through a Device (whether supplied by MOBE, a third-party or you, the user) or through any other application or service that (i) displays, links to, or references this Policy; and/or (ii) is a service offered on or through the App, including the Services, and other services offered by MOBE that are promoted through the App and that involve you contacting MOBE by phone, email, text or chat.
This Policy may change from time to time. Your continued use of the MOBE Services after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.
The MOBE Website, App and other MOBE Services are not intended only for those under 18. By using the MOBE Services, you attest that you are at least 18 years old.
CHILDREN UNDER THE AGE OF 13
The MOBE Services are not intended for children under 13 years of age. We do not knowingly collect any Personal Information from children under the age of 13. If we discover that a child under the age of 13 has provided us with personally identifying information, we will take steps to delete the information as soon as possible.
WHAT PERSONAL INFORMATION WE COLLECT
You have the option of establishing a user account on mobeforlife.com (a “User Account”). When you sign up for a User Account, you are required to provide an email address and to create an account password. All data entered via the website is stored securely.
We collect industry standard log data about the browser and operating system you are using, the address of the external or internal page that referred you and your IP address at the time of account creation.
Self-Management Guidance Services
In order to provide the self-management guidance services that are a part of your MOBE Program, we collect information directly from you and also from our business partners, such as the healthcare provider(s) or health plan involved with your participation in a MOBE Program, if any.
We collect information from and about users of our App:
- Directly from you when you provide it to us
- Automatically when you use the App including but not limited to through 3rd parties affiliated with MOBE to which you give MOBE permission.
When you download, register with, or use this App, we may ask you to provide Personal Information and/or other information that is about you, such as:
- Information that you provide to establish an account ("User Account"), such as name, postal address, email address, telephone number and to create an account password.
- Additional personal details that you may be prompted to provider for your User Account, such as height, weight, gender, and age.
- Information we may request when you report a problem with the App.
- Records and copies of your correspondence and interactions (including chat sessions, email addresses and phone numbers) if you contact us.
- Your search queries on the App.
The Devices work in conjunction with a User Account established on the App. Information may be automatically uploaded to the App through a paired Device depending on the settings that you choose on your Device.
All data entered by you or automatically uploaded from a Device is stored securely on the App and in our systems and the data is encrypted in the App, when stored on our servers and while being transmitted.
In addition, we collect information that you have authorized your Sponsor to provide to us.
HOW WE USE YOUR PERSONAL INFORMATION
MOBE will not use your Personal Information for purposes other than those listed in this Policy unless we obtain your consent first. MOBE uses your Personal Information to:
- Provide you, as applicable, with guided health services;
- Analyze Website and App usage and improve the Website, App and Services
- Analyze Device usage;
- Develop and improve new and current product and services;
- Review and evaluate MOBE's performance and program outcomes;
- Support our operations;
- Deliver to you any administrative notices and communications relevant to your use of the MOBE Services;
- Provide you with updates regarding the MOBE Services;
- Troubleshoot problems with the Website, App and/or MOBE Services, and detect and protect against error, fraud, or other illegal activity;
- Enforce the MOBE App Terms and Conditions; and
- Recommend other health-related services that may be of interest to you.
MOBE will only use or disclose the Personal Information that we collect from or about you – including, without limitation, through the use of Devices – as allowed by applicable state and federal law and, if applicable, the terms of our agreement with your Sponsor and its Notice of Privacy Practices (collectively “Plan Privacy Policies and Law”). Your Sponsor’s Privacy Policies (if applicable) and Law may be more limiting than this Policy. If that is the case, the Plan Privacy Policies and Law control how we may use or disclose your Personal Information. For example, in this Policy we say that we may use your contact information to send you information about opportunities, products or services provided by MOBE – we will only do this if the Plan Privacy Policies and Law allow us to. In addition, if applicable, we will only use or disclose your Personal Information as allowed by your Sponsor’s Privacy Policies and Law. For more information, please refer to your Sponsor’s Notice of Privacy Practices.
MOBE will not sell, rent, transfer, disclose or otherwise permit the use of your Personal Information by advertisers or other third-parties for direct marketing purposes. From time to time, MOBE may send you information about opportunities, products or services provided by MOBE, if permitted by any applicable Plan Privacy Policies and Law.
COOKIES AND OTHER TECHNOLOGY
As you navigate through and interact with our Website, we use a type of cookie called a service cookie to help us make our website work efficiently for you. Our service cookie remembers your registration and login details as well as your IP address as you navigate between pages of our website.
We may also use analytic cookies for the purpose of measuring and analyzing Website usage and activity. An analytic cookie may use a web beacon, which is a transparent graphic image, to capture this usage data.
CONSENT TO COMMUNICATIONS FROM MOBE
By giving your Sponsor or us your email address you are agreeing to us sending you emails. It will be clear to anyone who sees the emails we send you that the emails come from MOBE. Anyone who gets or has access to an email we send you can read, forward, copy, delete, or change it.
By giving your Sponsor or us your telephone number you are agreeing to us calling you and leaving voice messages and sending you text messages on the number you provide. It will be clear to anyone who has access to your telephone or voicemail or text messages that messages we send you come from MOBE. MOBE may also request written consent through the Website or App to allow specific types of calls or text messages to the telephone number you provide.
MOBE may send you “push” notifications from the App from time to time. These notifications can be turned off through the App.
From time to time, MOBE may also ask you to participate in surveys designed to help improve MOBE Programs. Any Personal Information provided to MOBE in connection with any survey will be used only in relation to that survey and as elsewhere set forth in this Policy.
DISCLOSURE TO THIRD PARTIES
MOBE will not sell any PHI to third parties. At times and as permitted by any applicable Sponsor Privacy Policies and Law, MOBE may disclose Personal Information to third-parties that provide services to you. Most significantly, MOBE may provide Personal Information to your Sponsor, health benefit plan or other third-party payer who is your Sponsor. For more information about how your information may be used or disclosed by your Sponsor, please refer to your Sponsor’s Notice of Privacy Practices, if applicable, or contact your Sponsor directly.
MOBE may share your Personal Information with third-parties who provide services to MOBE such as information processing, customer data management and analytics, support services and other similar services. We require these third-parties to protect your information in the same manner as MOBE is required to protect your information in accordance with any applicable Sponsor Privacy Policies and Law.
We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our Terms and Conditions or protect our operations or other users, or if we are required to do so by any applicable law, rule, regulation, subpoena, or other legal process. Additionally, in the event of a reorganization, merger, or sale, we may transfer any and all personal information we collect to the relevant third-party, subject to any applicable Sponsor Privacy Policies and Law.
USE OF DEIDENTIFIED USER DATA
Except if restricted from doing so by your Sponsor, MOBE may disclose non-personally identifiable user data, such as gender, age, height, weight, and usage data (without the inclusion of a user’s name or other identifying information) to:
- Organizations approved by MOBE that conduct research into health and wellness;
- Companies providing products and services to MOBE related to the Website and MOBE Programs;
- Users of the App or MOBE Programs for purposes of comparison of their personal health and wellness situation relative to the community of other users; and
- Third-party payers, or any other party to evaluate the efficacy of the App, or for any product development, research or evaluation, scientific, care management, or other purpose.
Your Right to Delete Your Account
If you would like to cancel your User Account, you may do so by emailing email@example.com. When you request cancellation of your User Account, we may retain your account information, subject to the terms of this Policy and our legal obligations and may continue to use the data associated with your User Account to continue to provide you with the self-management guidance services included in your MOBE Program in which you are participating or as otherwise permitted by any applicable Sponsor Plan Privacy Policies and Law.
Accessing and Correcting Your Information
You can review and change your personal information by logging into the App and visiting your account profile page.
You also may send us an email at firstname.lastname@example.org to request access to, correct, or delete any personal information that you have provided to us. [We cannot delete your personal information except by also deleting your User Account.] We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We will use commercially reasonable efforts to accommodate your request.
If you are using this App as part of a MOBE Program offered by your Sponsor you also have the rights set forth in your Sponsor's Notice of Privacy Practices.
YOUR CALIFORNIA PRIVACY RIGHTS
California Civil Code Section 1798.83 permits our visitors who are California residents to request certain information regarding our disclosure of personal information to third-parties for their direct marketing purposes. To make such a request, please contact us at: email@example.com.
California law requires that we disclose how MOBE responds to web browser “Do Not Track” signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of personally identifiable information (as that term is defined in California law) about a consumer’s online activities. Our Website does not currently support “Do Not Track” codes. That is, MOBE does not currently respond to or take any action with regard to “Do Not Track” requests.
California Consumer Privacy Act: For California Residents
RISKS ASSOCIATED WITH ELECTRONIC COMMUNICATIONS AND THE STORING OF YOUR PERSONAL INFORMATION ELECTRONICALLY.
We use a combination of firewall barriers, encryption techniques, and authentication procedures, among others, designed to protect the security of your data and to protect MOBE accounts and systems from unauthorized access.
When you register on the App, MOBE requires a password from you for your privacy and security. This password or alternative authentication mechanism (Fingerprint or FaceID) is stored in an encrypted fashion in the App and on our systems.
It is important to understand that these precautions apply only to our App and systems. We exercise no control over how your information is stored, maintained or displayed by third-parties or on third-party sites, except to the extent the sites are storing or using the data pursuant to a contract to do so on our behalf.
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our App, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. If you believe that your user name and/or password have been compromised, you should immediately change your password and email us at firstname.lastname@example.org. We are not responsible if someone else accesses your account through registration information they have obtained from you or through a violation by you of this Policy or the MOBE Terms and Conditions. If you have a security-related concern, please email email@example.com.
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your Personal Information, we cannot guarantee the security of your Personal Information transmitted using our App. If you back-up data from your phone, there is a risk that your Personal Information may be backed up and stored elsewhere. By using the App, you agree that you have read, understand, and accept this risk. We are not responsible for circumvention of any privacy settings or security measures contained on the App.
If you believe that your privacy rights have been violated, contact the Privacy Officer at firstname.lastname@example.org. We will not take action against you for filing a complaint. You also may file a complaint with the Secretary of the U.S. Department of Health and Human Services at: https://ocrportal.hhs.gov/ocr/smartscreen/main.jsf.
USERES OUTSIDE OF THE US
Information that is submitted to this Website will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law. If you are a non-U.S. user, you acknowledge and agree that MOBE may collect and use your information, as discussed in this Policy, outside your resident jurisdiction. In addition, such information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for information that is available in other countries. By providing MOBE with your information, you acknowledge that you have read this Policy, understand it, agree to its terms and consent to the transfer of such information outside your resident jurisdiction. If you do not consent to the terms of this Policy, please do not use the Website or the MOBE Programs.