PRIVACY POLICY

The term “personal information” in this Privacy Policy refers to:

• Information that identifies you directly, such as your name, postal or e-mail address, date of birth, gender, relevant insurance information, individual gym membership number, and bank account information (to deposit the incentive payments you earn);
• Information that identifies or relates to you indirectly, such as your device IP address, mobile device identifier, geolocation data, and internet activity data; and
• Information that may be associated with you, such as your interests, job, fitness facility, personal characteristics, and exercise activities and preferences.

This Policy does not apply to:

Collection by third parties. Our Applications use features and services provided by third parties and may contain links to websites or social media that are not operated or controlled by Advanta. We are not responsible for the personal information practices or content provided by these third parties. We encourage you to review the privacy policies of these third parties. (See “Use of Third-Party Services” and “Links to Third-Party Sites.”)

Anonymized information. Information that has been modified in a substantial way so that it no longer can reasonably be used to identify or be linked to an identifiable individual.

Collection for business to business purposes. Except where legally protected under applicable privacy laws, information we obtain about the employees, agents, or representatives of our Sponsors, service providers, suppliers, and business partners.

Based on how you interact with us and the Program features in which you enroll, we may collect your personal information in the following ways.

From the Sponsor of your Program:We obtain your name, address, relevant insurance information, and date of birth to establish your eligibility to participate in the Program and to verify your identify when you enroll.

From you, when you enroll in a Program:When select your fitness options, set up an account, or make changes in your account information, we ask for your name, email address, postal address, phone number, gender, date of birth, and bank account information (to deposit the incentive payments you earn). You also create an individual password to logon to the mobile app or online portal for your Program. If you select to earn incentives by working out at your gym or other health facility, we ask for the name and address of the facility and your membership number.

From your communications with us:We collect your name, contact information, and other information you provide when your e-mail, text, telephone, or message us through social media, submit online forms, or participate in our surveys or promotions.

From you, when you use the Application and report your fitness activities:We record the date, time and type of fitness activity so that it counts toward earning incentives.

From your device connection:We collect device information on our Diagnostics screen under Settings, including (as applicable) your IP address, device ID number, model, and manufacturer, version of your operating system, version of our application you are running, available memory and permissions provided to the application. This device information is stored in our server logs and used for device identification.

From your mobile device with your permission:We can access and collect the following data only if you choose to enable the necessary permissions using either your app settings (Android) or mobile device settings (Apple). You can change those permissions at any time.

• Fitness data, such as your step counts, calories burned, distance and duration of exercise from an app such as Apple Health or Google Fit;
• Specific geolocation data used to confirm that you exercised at your previously identified health facility;
• Photos to confirm that you completed your exercise at home; and
• Device information that enables use of your device’s Bluetooth, SMS messages, storage, and other features.

From cookies and other internet tracking technologies:to save your access credentials and visit preferences, collect online activity data and usage metrics (see “Cookies and Online Data Collection” below).

From third parties:We may collect your information from our third-party business partners who deliver content, features, or services as part of your experience with us. See “Use of Third-Party Services.”

We use your personal information to:

• Determine eligibility to participate in your Program, process your enrollment,and open and administer your Program account;
• Authenticate your identity when you logon to use the Applications;
• Maintain records of your exercise and other incentive-qualifying activities, determine when you qualify to receive an incentive award, and process your incentive payments;
• Inform your Sponsor about individual and overall participation in the Program and the incentives awarded;
• Communicate with you about your questions, account updates, and use of the Applications, troubleshoot problems, and request feedback;
• Inform you about upgrades and improvements, new products and services, upcoming events, and other information may be of interest to you;
• Deliver content that we believe may be of interest to you based on data about your usage of the Applications and your location;
• Analyze the technical performance and functioning of our Applications;
• Monitor and analyze usage and trends, evaluate and compare participation in our Applications, enhance our Service offerings, and develop new Applications;
• Develop and analyze aggregated data for research and performance evaluation purposes;
• Protect the security of our Applications, enforce our Participation Agreement and other legal agreements, and comply with applicable laws.

We do not sell personal information. We share your personal information with third parties as described below.

Your Sponsor—Personal information relating to your Program participation and incentives you earn is shared with the Program Sponsor (employer or insurance company) and with third-party administrators and service providers as directed by the Sponsor.

Your Sponsor—Personal information relating to your Program participation and incentives you earn is shared with the Program Sponsor (employer or insurance company) and with third-party administrators and service providers as directed by the Sponsor.

Administrative service providers—Third parties who process information on our behalf may have access to your personal information, but may use it only on our behalf for the purposes set forth in this Privacy Policy. For example, these third parties may provide payment processing services for incentive payments, data hosting services, contact management, technology services, fraud detection and security services, e-mail marketing services, and customer support.

Mobile app suppliers—Advanta utilizes third-party applications, plug-ins, APIs and other features to provide mobile app functionality. Some of these features are necessary for the app to operate. Others you may choose to activate including, for example, beacons to detect and record that you have entered your fitness facility and to recognize geofences and beacons at your defined fitness facilities; and services to deliver messages and notifications to your phone. Because these third-party services may collect your personal information, we recommend that you review their privacy policies before activating the features they provide.

Optional Third-Party Marketing Communications—We may offer you the option to receive information from third parties about their products, services, and offerings. You may opt-in to receive this information by voluntarily clicking on a link or by making a specific request to share your information with the third party. We will share your information with the third party only if you opt-in and we may receive compensation from the third party. We or the third party will always provide the opportunity to withdraw your consent. If you notify us at [email protected], we will stop providing future access to your information to the third party. You should contact the third party directly to stop receiving additional materials based on information provided before your consent was withdrawn.

Law enforcement, regulators, advisors—We may share your information based on a good faith belief that it is required to comply with the law, or in the interest of protecting or exercising our or others’ legal rights. (For example, to resolve disputes, for fraud and security protection, and to comply with legal process.)

Business transaction parties—We may share or transfer your personal information in connection with a prospective or completed sale, merger, transfer, or other reorganization of all or parts of our business subject to appropriate confidentiality protections.

Others—We may share personal information for other lawful purposes consistent with the purposes set out in this Privacy Policy or where you have granted us permission.

Our Applications connect with third-party applications, plug-ins, APIs, and other features to provide some of the functionality used to operate our services. They may collect your IP address or device identifier and other internet browsing data, and may set a cookie to enable their features to function and track your usage. For example, OpenFit™ partners with Advanta to provide fitness programs and classes used in Advanta’s daily incentivized activities. We verify continued program eligibility with OpenFit and OpenFit sends us the activity type and date and time of the activity on their platform. We also use tools provided by Firebase, a Google subsidiary. We use the Firebase Messaging component to deliver messages and notifications to your phone within the Application, Firebase Analytics provides data on mobile application usage and user engagement, and Crashlytics provides real-time analytics related to crashes occurring with information like application version, device type, and operating system which helps us target issue resolution.

Advanta is not responsible for privacy practices of these third-party services. This Privacy Policy applies solely to information under our control. These third parties post privacy policies on their individual websites and we recommend that you review their privacy policies to learn about how they collect and process personal information.

Cookies, beacons, and similar technologies make it possible for Advanta and the third-party services described above to offer many of the features available to you through our Applications. In this Privacy Policy we use the term “cookies” to refer generally to cookies and similar technologies. You can use the settings or tools offered on your browser to refuse or deny cookies, or to delete cookies that have already been stored. See “How You Can Restrict Online Data Collection” below.

The categories of information provided by these technologies are summarized below.

Log in and identification—recognize and verify you and your device when you log in to access your account and use the Applications by storing data including, for example, your password, device and browser type, network and connection information (including Internet Service Provider (ISP) and Internet Protocol (IP) addresses), device and browser identifiers and information (including device, application, or browser type, version, plug-in type and version, operating system, and other technical data).

Features and performance—provide functionality for the features and options you select to use on our Applications; deliver consistent performance; recognize and implement your preferences; and enable information sharing with third-party services (such as OpenFit). If you set your device to sync with our Applications, data is transferred from your device to our servers.

Location—if activated by you, will transmit geolocation data from device sensors, GPS signals, WiFi access points, and cell towers. This enables us to record visits to your fitness facility. We can also more generally identify your location through IP address or mobile device identifier.

Usage data—track and log usage data about your interactions with our Applications including, for example, browsing history, usage rates, settings preferences, content interactions (including searches, page views, downloads, and prints), and user journey history (including clickstreams and page navigation, URLs, timestamps, content viewed or searched for, page interactions, and similar data).

You can control how cookies are used to collect data about your Application usage(including location-based information). These controls include:

• Managing the preference settings on your browser and device
• Not selecting features that require data collection you prefer to not be collected
• Communicating directly with third parties that you may authorize to collect data on and transmit data to our Applications as explained at “Use of Third-Party Services”
• Purchasing a utility from an independent software provider that you install on your browser to limit tracking of your browsing activity;

If you restrict the use of cookies, some features and functionality of our Applications cannot be fully utilized.

We use email and, with your permission, text push notifications, to administer your account and to alert you to new features and offerings.

You may, at any time, choose to not receive promotional communications from us by using the “unsubscribe” feature provided in our email marketing messages or by “opting out” or “unsubscribing” from specific mailing lists and services by contacting us. See “How To Contact Us.”

If you unsubscribe from receiving these emails, you will still receive service notifications, technical issue alerts, and administrative messages that are not promotional in nature.

Information and images you post on social media about your participation in an Advanta Program are subject to those platforms’ privacy practices and are not covered by this Privacy Policy. You may sign into and associate your social network account (such as Instagram, Twitter, or Facebook) with our Applications. If you use this functionality, we will have access to the information in your social network profile that you have made available for sharing, and we may collect and use that information subject to that social network’s terms of use and this Privacy Policy. Please refer to the privacy settings in your social network account for information about (1) what data is shared with us and other connected applications, (2) how to manage the data that is shared through your social media account, including information about your activities using our Applications, and (3) how to disconnect a social media account from our Applications.

Our Applications may include links to third-party websites offering health and wellness resources. If you click on a third-party link, you will be directed to that website. These external websites are not operated by Advanta. They may collect your IP address or device identifier and other internet browsing data, and may set a cookie to enable their features to function and track your usage. We recommend that you review the privacy policies of these websites before sharing any information with them. We have no control over and assume no responsibility for the content, accuracy, privacy policies, or practices of any third-party websites.

Advanta uses organizational and technical safeguards designed to protect the confidentiality, integrity, and availability of personal information. However, neither people nor systems can be fully secure. While we use reasonable efforts to protect your personal information, we cannot guarantee the security of the personal information you provide to us and we do not accept liability for unintentional disclosure.

We use third-party services to deliver some features of our Applications. Because those third parties will have access to your information, we recommend that you review their privacy policies and practices. It is important that you also use reasonable precautions to protect your personal information by not disclosing or sharing your password and by logging out of your account when you have completed each working session.

We will retain your information for the longer of (1) the period during which the Program is offered by your Sponsor, (2) as reasonably necessary to protect legal interests or resolve disputes, or (3) the period required by law. Upon the expiration of the retention period, we will either destroy your information, or provide it to the Sponsor. We may retain anonymized data for analytic and auditing purposes. However, such anonymized data will not include any information that directly identifies you.

After your relationship with us ends, the terms of this Privacy Policy shall continue to be applicable to your personal information as long as we retain your information as explained above.

California residents have rights under the California Consumer Privacy Act to request information about the categories and types of their personal information a business has collected and shared and, in some circumstances, to request deletion of their personal information. Advanta is a service provider to the Sponsors of the Programs we offer. We do not sell personal information or permit third parties to use it for their own commercial purposes, unless you give us permission to do so. Please contact your Sponsor directly to make a request to exercise your rights under the California Consumer Privacy Act. At your Sponsor’s request, we will assist in responding to such request.

Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family or household use are entitled to request and obtain from us, once per calendar year, information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year. To obtain this information from us, please email [email protected] with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Not all information is covered by the “Shine the Light” requirements and only information on covered sharing (if any) will be included in our response.

Advanta operates under United States laws and regulations. If you reside or are located in a different country, the data protection laws of that country may differ from the laws of the United States in the ways your personal information is protected. We want you to understand that when you provide your personal information to us, or purchase our products or services, you are giving your consent to the transfer of your personal information outside of your country of residence and to the processing of your information in accordance with the laws of the United States and the guidelines of this Privacy Policy.

We do not intentionally provide services to minors (anyone under the later of age 18 or the age of maturity under applicable state law); nor do we collect information from minors. If it is discovered that a minor has provided us with personal information, we will remove the information from our records. If you are a parent or guardian of a minor and are aware that minor’s personal information, please contact us to allow us to take necessary action.

We may make changes to this Privacy Policy at any time. Your continued use of the Applications after a change to this Privacy Policy constitutes your consent to be bound by the revised Privacy Policy. We encourage you to periodically review this page for the latest information on our privacy practices.

You can keep your information accurate, complete, and up-to-date by accessing your account through the website portal or your mobile app. At any time you may use the “My Account,” “Payment Account,” “Change Status” and “My Clubs” functions to update information or modify permissions you have previously given us.

You can request to discontinue use of our Applications by contacting us. See “How to Contact Us,” below. After you discontinue using our Applications, you will not be able to access your account information or sign in.

If you have any questions about our Privacy Policy, do not hesitate to contact us:

Advanta Health Solutions, Inc.
550 Broad Street, Suite 804
Newark, NJ 07102
[email protected]