TERMS OF USE
1. Introduction
Date of Effect 01.01. 2024
Denu L.L.C, a company registered in Dubai, United Arab Emirates (the “Company”, “we,” “our,” “us”) owns and operates the website located at the URL www.theagewellplan.com, other related websites, mobile applications, media channels (collectively, the “Platform”) operating under the brand name “TheAgeWellPlan” otherwise known as AgeWell.
These terms of use (the “Terms”) constitute a legally binding agreement made by and between us and any Platform User (personally and, if applicable, on behalf of the entity for whom you are using the Platform (collectively, “You” or “Platform User”). These Terms govern your access to the Platform, use of the Platform features and the purchase of services ( “Services’) and products (“Products’) offered on the Platform. Your access to the Platform and use of the Platform features is subject to your continued compliance with these Terms and all applicable laws. Your right to access the Platform and to use the Platform features will terminate immediately if you breach these Terms.
2. Agreement
By accessing or using any part of the Platform, you accept that you have read, understand, and agree to be bound by these terms. You also accept that you have read, understand and agree to be bound by the Privacy Policy, which describes how we collect, use and disclose your information and data and which is incorporated into these Terms; and that you consent to such collection, use and disclosure. If you do not agree to these Terms, or to any changes we may subsequently make to these Terms or the Privacy Policy, you may not access the Platform or use the Services.
3. Eligibility
To access the Platform you must be and warrant that you are of legal age (18 years of age or older) and competent. By accessing the Platform on behalf of any third-party, you warrant that you are an authorised representative of that third-party and that your access to the Platform constitutes that third-party’s acceptance of these Terms. To use the Platform features you must provide accurate, current and complete personal information, payment information, and other information as necessary to provide the Platform features and you are responsible for maintaining and updating such information so it remains accurate, current, and complete at all times. If you have been previously prohibited from accessing the Platform or the sites of any of our affiliates, you are not permitted to access the Platform.
4. Permissions
Subject to your compliance with these Terms, we grant you a personal, limited, non-exclusive, non-transferable, and revocable right to access the Platform for your use as permitted by these Terms. We reserve the right to monitor the Platform for the purpose of determining that your usage complies with these Terms.
5. Prohibitions
You may not use the Platform other than as permitted. Without limitation, you may not, directly or indirectly: copy, distribute, transmit, display, reproduce, publish, licence, commercially exploit, create derivative works from, transfer, or sell any content, services, products or technology contained with the Platform; reverse engineer, decompile, tamper with or disassemble the technology used to provide the Platform; interfere with or damage the Platform or any underlying technology; impersonate or misrepresent your identity or affiliation; attempt to obtain unauthorised access to the Platform; collect information about the Platform or from Platform Users; violate, misappropriate or infringe any third-party intellectual property or other rights; violate any social media channel terms; violate any law, rule, or regulation; interfere with any third-party’s ability to access the Platform or our ability to provide the Platform.
6. Accounts
The Platform features, including the Services, require you to register for a Platform Account. To register and use a Platform Account, you must submit accurate, current and complete information. You must promptly update such information to keep it accurate, current and complete. You are responsible for maintaining the confidentiality of your Platform Account information and for all activity that occurs under your Account. You agree to notify us immediately of any unauthorised use of your Platform Account or password. You may not use the Platform Account, username, or password of any other Platform User without written permission from that Platform User and us. We will not be liable for any loss or damage arising from or relating to your Platform Account including any misuse or misappropriation of your information.
Information and Data:
You are responsible for any Personal Information and data that you transmit on, to, or through the Platform, including the storage and backup of your records. We are not responsible for and have no obligation to maintain or retain any record of your information and data you may have transmitted or stored in your Platform Account.
7. Communications
By creating a Platform Account you consent to receive communications and notifications by email, SMS, direct message, or push notifications, where applicable) from us, relating to your Platform Account, Platform access, and Platform features.
You may modify your communications and notifications preferences in your Platform Account settings or by contacting us by email (wellness@theagewellplan.com) If you opt-out of communications and notifications we may still send you important correspondence relating to transactions you make through the Platform and relating to your use of the Platform features.
8. Prices
We reserve the right to determine the price of Services and Products sold through the Platform.
Unless otherwise indicated, prices shown on the Platform for Services are in AE Dirhams and are exclusive of taxes. Unless otherwise indicated, prices shown on the Platform for supplement Products are in GB Pounds and are exclusive of taxes. Unless otherwise indicated, prices shown on the Platform for test Products are in US Dollars and are exclusive of taxes. Sales tax will be charged on orders when applicable. You are responsible for all taxes and duties that apply to your location and local jurisdiction.
9. Corrections
All prices for Services and Products offered on the platform remain valid as displayed, except in the case of unexpected error. If we discover an error in the pricing of Services and Products you have ordered, we will notify you as soon as possible. We have no obligation to accept or fulfil an order for any Services and Products that were displayed at an incorrect price and we reserve the right to cancel such an order that has been accepted. If you and your credit/debit card company have already paid for Services and Products we will credit the full amount as soon as reasonably possible.
10. Payments
All financial transactions made through the Platform will be processed by our third-party payment processor, Stripe (the “Payment Processor”) When you make a payment through the Platform, you are accepting the current terms and conditions and privacy policy of the Payment Processor, which you may review (https://stripe.com/terms) You agree and allow us to delegate payment authorisations and to share required payment information with the Payment Processor for transactional purposes. By providing payment information through the Platform, you represent and warrant that: you are legally authorised to provide such information; you are legally authorised to perform payments using the selected Payment Method, and such actions do not violate the terms and conditions applicable to the use of such Payment Method or applicable law. When you authorise a payment using a Payment Method, you represent and warrant that there are sufficient funds or credit available to complete the payment using the designated Payment Method. Such payments, once authorised, are final. You hereby release us from all liability for such Payment. To the extent that any amounts owed under these Terms cannot be collected from your Payment Method, you are responsible for paying such amounts by other means.
Currencies:
If you make a payment using a credit/debit card that is denominated in a different currency, your final price may be calculated by the applicable exchange rate on the day your credit/debit card issuer processes the transaction.
11. Investigations
You agree to our right to investigate all transactions for fraud. We reserve the right to seek reimbursement from you, and you will reimburse us if we discover a fraudulent or erroneous transaction, or if we receive a chargeback or reversal from your Payment Method for any reason. You agree that we have the right to obtain such reimbursement by charging the Payment Method associated with your Platform Account or obtaining reimbursement from you by any other lawful means.
12. Purchases
Services: Through the Platform, sessions, packages, programs, protocols, talks, workshops, events, and other services may be offered for purchase (collectively, the “Services”). The costs for such Services are displayed on the Platform. Payment for any Service is due at the time of booking the Service unless otherwise indicated on the Platform, and we have no obligation to provide Services until such payment is made.
Products: Through the Platform, supplements, tests, devices, and other products may be offered for purchase (collectively, the “Products”). The costs for such Products are displayed on the Platform. Payment for any Product is due at the time of ordering the Product unless otherwise indicated on the Platform, and we have no obligation to provide Products until such payment is made.
Final Sale: All bookings and orders are non-cancellable; we may grant or deny cancellation requests at our discretion. We do not accept returns or refunds for Services and Products. All sales are final.
Personal Use: Services and Products are for your personal use only. You agree not to sell/resell or otherwise monetize in any way, any part of the Services and the Products you purchase through the Platform.
13. Descriptions
We endeavour to make the information on the Platform accurate, however, we cannot guarantee that the information will be accurate, current, or complete at all times and information displayed on the Platform may be inaccurate, outdated, incomplete, or appear inaccurate. We apologise in advance for any such errors that may result in an incorrect price, description, unavailability, or otherwise. We reserve the right to correct errors (whether by changing the information on the Platform or by informing you of the error and allowing you to cancel your booking and/or order) or to update descriptions at any time without notice.
Suppliers may make changes to Products and the current Product label may contain more or different information than the Product description displayed on the Platform. It is your responsibility to consult Product labels for the most accurate, current, and complete information before using any Products.
14. Changes
We reserve the right to change the details of Services and Products at any time. Quantities of Services and Products may be limited and availability cannot always be guaranteed. We will not be liable if Services and Products are unavailable or if the date of a Service or the delivery of a Product needs to be rescheduled. In the case of any discrepancy, we will confirm the correct details with you or cancel your booking or order and notify you of such cancellation. Any confirmation that you receive after booking Services and ordering Products is subject to correction for any reason.
16. Intellectual Property Rights
All content on the Platform or otherwise made available via the Platform, including the images, text, information (“Content”), trademarks, service marks, logos (“Marks”), the brand aesthetic, website design and Platform layout (“Design”), all software, features and other technology used to provide the Platform, and used to offer the Services and Products (“Technology”), are owned by or licensed to us and our providers, suppliers and affiliates. The Platform, Content, Marks, Design, and Technology are protected by the intellectual property laws applicable to the United Kingdom and all other international intellectual property laws and treaties. Using the Platform does not give you any ownership of or right to any Content, Marks, Design, or Technology, and all rights not granted are reserved. The Platform, Content, Marks, Design, and Technology are provided to you “as is” for your information and personal use only and may not be used, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever.
17. Third-Parties
The Platform may contain information from third-party sources, including text, images, videos, services, products, and links to external sites (collectively, the third-party “Resources”) We do not endorse or accept any responsibility for third-party Resources or any link on a linked site. Third-parties may provide services and supply products directly to you through the Platform. You may be required to agree to the third-party’s terms and policies to use third-party services and products. We will not be liable in any way for the acts or omissions of such third-party, the terms or policies of any third-party or its failure to adhere to terms or policies, or any loss, damages, liability, or expenses (including attorneys’ fees) that you may incur arising from or related to such third-party’s services or products.
18. User Content
When you access the Platform or use the Platform features, you may submit text, images, questions, comments, suggestions, reviews, or other content (collectively, the “User Content”)
Your Responsibility for User Content: You agree that you are solely responsible for all the User Content that you make available through the Platform. You represent and warrant that: you have all rights, licences, consents, and releases necessary to grant us the required rights to utilise any User Content; and neither your User Content nor your posting, uploading, publication, submission, or transmittal of your User Content or our use of your uploaded User Content (or any portion thereof) on or through the Platform, will infringe, misappropriate or violate a third-party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property right or rights of publicity or privacy; or result in the violation of any applicable law or regulation.
No Obligations Regarding User Content: We do not have any obligation to monitor any User Content. We have the right to remove or edit any User Content for any reason or no reason.
19. Limitations of Liability
No Warranties:
The Platform is provided “as available” and “as is” with no representations or warranties of any kind. We disclaim to the maximum extent permitted by law all warranties, directly and indirectly, implied and statutory, or otherwise, including all warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not represent or warrant that any part of the Platform will be uninterrupted, error-free, secure, free of viruses or other harmful code, or that all information will be accurate or complete. You agree that your use of the Platform is voluntary, your responsibility, and your risk. We make no representation or warranty that any part of the Platform, Platform features, Services, or Products provided through the Platform will meet your requirements or achieve any results.
Providers and Suppliers:
The providers who provide third-party services and the suppliers who provide third-party products offered through the Platform are independent contractors and not agents or employees of the Company. We are not liable for the acts, errors, omissions, representations, warranties, breaches, or negligence of any such providers or suppliers, or for any injuries, deaths, damages, complaints, grievances, or expenses arising from or relating to such providers and services, suppliers, and products.
Health Disclaimers:
If you are experiencing a medical emergency, you must telephone your local emergency assistance number immediately. Nothing displayed on the Platform, Platform features or Services and Products provided through the Platform should be construed as any form of medical or psychiatric advice or diagnosis, or substitute for the attention of a primary care provider (PCP). It is your responsibility to have a PCP for standard and emergency medical care and all insurance-related considerations. You agree that all health and wellness content displayed on the Platform, including all text, images, videos, and other materials, are provided for informational purposes only.
Third-Party Resources:
We are not responsible for, do not endorse, and cannot guarantee third-party Resources offered by any third-party through the Platform or any third-party Resources linked to the Platform. Resources displayed on the Platform are displayed for your information only. Resources do not reflect our opinion and such Resources are not an endorsement or affiliation (unless otherwise disclosed by us) of any content, service, product, or entity and may not be quoted or reproduced in a way that implies our endorsement or affiliation of any content, service, product or entity. We are not liable, directly or indirectly, for any damages arising from or relating to any such third-party resources; your use of any third-party resources, and any interactions with third parties. All terms and conditions, warranties, and representations associated with such Resources are solely between you and such third parties.
To the maximum extent permitted by applicable law, the Company and its affiliates will not be liable for any direct or indirect, known or unknown, suspected or unsuspected, disclosed or undisclosed: claims, damages, losses, liabilities, actions or causes of action, and expenses (including attorneys’ fees) whatsoever, arising from or relating to: access or performance of the Platform, the delay or inability to use the Platform features, the provision of or failure to provide services, products and features of the Platform; whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its affiliates has been advised of the possibility of such damages.
If the applicable law does not allow the limitations of liability as set forth above, then the limitations will be deemed modified solely to the extent necessary to comply with applicable law. All Disclaimers and Limitations of Liability extend to the maximum extent permitted by law and will survive these Terms and your use of the Platform.
20. Indemnity
You agree to defend, indemnify and hold harmless the Company and its agents, managers, affiliates, licensors, and each of their respective directors, officers, contractors, employees, agents, providers, suppliers and partners (“Indemnified Parties”) from and against any and all claims, damages, losses, liabilities and expenses (including attorneys’ fees) incurred in connection with any claim brought or asserted against any of the Indemnified Parties: (a) your Platform access and use of the Platform features; (b) your violation of any term of these Terms; (c) your violation of any third-party right, including without limitation any right of privacy, right of publicity or intellectual property rights; (d) your violation of any applicable law, rule or regulation; (e) your User Content (f) your Platform Account activity whether by you or a third-party; (g) your data; (h) third-party service providers; (i) third-party product suppliers; (j) third-party resources; (k) your use of Services; (l) your use of Products; (e) any claim regarding a Practitioner.
Without limiting any of the above, you hereby release each of the Indemnified Parties from all claims, damages, losses, liabilities, actions or causes of action, and expenses (including attorneys’ fees); directly or indirectly, known or unknown, suspected or unsuspected, disclosed or undisclosed; arising from or relating to these Terms, the Privacy Policy, your access to the Platform and your use of the Platform features. All Indemnification extends to the maximum extent permitted by law and will survive these Terms and your use of the Platform.
21. Termination
These Terms are effective unless and until terminated by you or us. We reserve the right, in our discretion and without any liability, to modify, suspend, or discontinue any part of the Platform, temporarily or permanently, at any time and without notice. We reserve the right, in our discretion and without any liability, to terminate your access to the Platform or any part of the Platform at any time, without notice.
You may terminate your Platform Account at any time by contacting us by email (agewell@theagewellplan.com) You may unsubscribe from email communications by clicking the “Unsubscribe” link at the bottom of the email. Allow 48 hours for unsubscribe to take effect. Following the termination of your Platform Account and/or termination of Platform communications, you will not receive any further correspondence from us unless and until you re-register by creating a new Platform Account or subscribing to communications.
In the case of termination, we are not responsible for any information or data you may have stored in your Platform Account. In the case of termination, you will remain liable under these Terms for any purchase made before termination.
Our rights under these Terms will survive termination of these Terms, termination of your Platform access, termination of your Platform Account, and/or termination of any Platform communications.
22. Governing Law
These Terms and the rights and obligations of the Company will be governed and construed in accordance with the laws of England and Wales.
Dispute Resolution:
In the case of a dispute or claim, arising out of or relating to this agreement, including any question regarding its existence, validity, or termination, you agree first to solve the issue amicably with us before resolving to dispute resolution procedures. In the case that any issue is unable to be solved between you and us, we may refer the matter to the Center for Dispute Resolution (“CEDR”) to settle the dispute objectively by Alternative Dispute Resolution. Exclusive jurisdiction and venue for any claims will be the courts of The Dubai International Financial Centre (“DIFC”) in The United Arab Emirates. In the case of a dispute, you agree not to engage in any conduct or communications, public or private, which disparages or is intended to disparage us, the Platform, any Services offered on the Platform, any Products offered on the Platform, or any Platform User.
Waiver:
You agree all claims must be brought in an individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding As such, individual claims may not be joined with any other claims and there will be no authority for any dispute to be addressed on a jury trial, class-action basis or brought by a purported class representative. You agree to a Statute of Limitations Modification, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Platform, Services, or these Terms must be filed within ninety (90) days after such claim or cause of action arises or it will be forever barred.
23. Amendment
If any provision of these Terms is held to be invalid or unenforceable by applicable law, such provision will be limited to the minimum extent necessary or deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of all other provisions of these Terms will remain valid and enforceable to the maximum extent permitted by applicable law and will continue in effect.
24. Assignment
We may assign or transfer our rights and obligations under these Terms to any other party at our discretion. You may not assign or transfer your rights and obligations under these Terms to any other party without our prior written consent, and any such attempt will be null and void.
25. Entire Agreement
These Terms and the other agreements referred to herein constitute the entire agreement between you and us and the Platform and supersede all previous terms, representations, and warranties, both written and oral, relating to the Platform.
26. Updates
We may update these Terms at any time. When the Terms are updated, the revised version of the Terms will be posted on this page with a new date of effect. If you access the Platform and use the Platform features after such revisions have been posted, you have accepted the revisions and agreed to be bound by them.
27. Acceptance
You agree that all terms, agreements, notices, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy in written form. You agree that any time you electronically transact, agree, or accept via the Platform, such actions are intended to be an electronic signature that binds you as if you had signed on paper.
PRIVACY POLICY
1. Introduction
Date of Effect 01.01. 2024
Denu L.L.C, a company registered in Dubai, United Arab Emirates (the “Company”, “we,” “our,” “us”) owns and operates the website located at the URL www.theagewellplan.com, other related websites, mobile applications, media channels (collectively, the “Platform”) operating under the brand name “TheAgeWellPlan” otherwise known as AgeWell.
This privacy policy (the “Policy”) constitutes a legally binding agreement made by and between the Company and any Platform User (personally and, if applicable, on behalf of the entity for whom you are using the Platform (collectively, “You” or “Platform User”) Your access to the Platform and use of the Platform features is subject to your continued agreement to this Policy and all applicable laws.
2. Agreement
By accessing or using any part of the Platform, you accept that you have read, understand, and agree to be bound by this Policy, which describes how we collect, use and disclose your information and data, and that you consent to such collection, use and disclosure. If you do not agree to these Policy, or to any changes we may subsequently make to this Policy or the Terms of Use, you may not access the Platform or use the Services.
3. Application
This Policy describes how the Company collects, processes, safeguards and discloses data and information. This Policy informs you of your privacy rights and how the law protects you. Our policies and procedures on the collection, use and disclosure of information and/or the type of information we may collect from you depends on how you access the Platform and how you use the Platform features. This Privacy Policy does not apply to the policies of any other website or entity that we do not operate and/or manage including the providers and suppliers of services and products displayed on the Platform or any other linked source or third-party resource available through the Platform.We have no control over and assume no responsibility for the policies or practices of any third-party sources and/or resources.
4. Compliance
When we process your Personal Information we comply with the relevant data protection laws and principles such as the General Data Protection Regulation (EU Regulation 2016/679) (“GDPR”) and other current legislation. Any Information and data that is considered Protected Health Information (“PHI”) that may be collected by us or added by you is governed by applicable laws that apply to PHI, such as the Health Insurance Portability and Accountability Act (“HIPAA”).
5. Transactions
We use third-party services for payment processing. When you make payments through the Platform we do not collect or store your financial details.Your Personal Information including your financial details are handled according to the privacy policy and terms and conditions of the Payment Processor. We may receive transaction identifiers and summary information that does not include credit card or bank account numbers.
6. Rights
Your rights in relation to your Personal Information include the right to access and receive a copy of your Personal Information, to ask us to correct any errors, to delete your Personal Information, to restrict or object to how your information is processed. You have the right to withdraw your consent to processing your Personal Information at any time. You may do this by contacting us by email (agewell@theagewellplan.com)
7. Versions
The Privacy Policy and Cookie Policy are constantly and automatically updated, based on
current legislation and the oerpating systems of the Platform. You may access this dynamic policy data by opening the Privacy Panel using the “floating button” at the bottom left corner of the Platform screen.
Alternatively you can visit these links for the latest versions of the Policies:
Privacy Policy (https://theagewellplan.com?truendo_open=privacy_policy)
Cookie Policy (https://theagewellplan.com?truendo_open=cookie_settings)
8. Personal Information
“Personal Information” is any information that can be used to identify you, such as location, timezone, name, email address, billing, home, work, shipping addresses, telephone number, financial information, health information, characteristics, photographs, Internet or other electronic network activity information: IP address, device mode, device ID, OS version, device language, operating system, browser type, browsing history, search history, and information regarding a your interaction with any mobile application, media channel or advertisement relating to the Platform.
9. Collection of Personal Information and Usage Data
We collect Personal Information when you access the Platform, use Platform features such as registering account/s, making purchases, communicating and interacting, filling forms, uploading and downloading materials. We may automatically collect Usage Data as you navigate the Platform including details, data, features used and pages viewed, search queries, your IP address, software and hardware attributes, unique device identifiers, browser type, mobile network information, site feedback and other system activity and logs.
10. Rights to Access and Control
Any Personal Information that we collect is with your consent and under your control. You have the ability to: Delete, Change or Correct, Object, Limit or Restrict, Right to Access or Remove. To request access, obtain copies, change, limit or delete any Personal Information that you have provided through the Platform contact us by email (agewell@theagewellplan.com)
11. Technologies
Our system will automatically issue cookies and other tools when you direct your browser to the Platform, unless and until you have adjusted your browser or operating system setting so that it will refuse cookies and tools. If you select this setting you may be unable to access the Platform or use the Platform features optimally.
Cookies: The Platform and third-party partners may use cookies, web beacons, and other technologies to receive and store various information generated when you access the Platform or use the Platform features. A cookie is a small data file that is stored on a computer or a mobile device. Cookies collect and record information about how you access the Platform and use the Platform features. Cookies can collect details such as your Internet service provider, operating system, browser type, analyse traffic, advertising and marketing purposes.
The Platform uses First-party and Third-party cookies. First-party cookies are cookies which are placed by us. Third-Party cookies are automatically placed by other websites, services or other technologies that may advertise or display information or links on the Platform. We have no control over third-party cookies.
Session cookies are automatically deleted from your hard drive after you close your browser at the end of your browsing session. Session cookies are used to optimise performance of the Platform and to limit the amount of redundant data that is downloaded during a single session. Persistent cookies remain on your computer or device unless deleted by you (or by your browser settings). Persistent cookies are used for statistical analysis, performance and to ensure the functionality of the Platform.
Tools: We use specific and secure third-party technical tools to monitor and maintain the Platform.These tools provide information on errors, performance, security and other technicalities that are analysed to improve the Platform features and functionality.
12. Analytics
The Platform uses Google Analytics and other third-party web analytics services. The providers that administer these services use automated technologies to collect your data for their own purposes. We do not control the collection and use of your information collected by third-parties. You have the choice to opt out of analytics and other tracking technology, disclosure of your Personal Information and other targeted advertising.
13. System Settings
Each browser provides ways to block advertising, limit and delete cookies and restrict tracking tools. Blocking these technologies may affect the functionality of the Platform and Platform features. You can choose how your browser handles cookies and related technologies by adjusting the privacy and security settings. Refer to the instructions related to your specific browser to know the privacy and security settings available to you. You can manage how your mobile browser handles cookies and related technologies by adjusting the privacy and security settings of your mobile device. Refer to the instructions of your specific device to know how to adjust your privacy and security settings. You can opt-out of targeted advertising by third-parties (https://optout.networkadvertising.org/?c=1) or (http://preferences.truste.com/truste/). The Platform is not currently able to recognize and respond to “do not track” signals.
14. Use
We may use your Personal Information for the following purposes: Operations and optimisation of the Platform, Monitoring and analysing of features and functionality, Provision of Products and Services, Order fulfilment, Accounts and subscriptions, Promotions and marketing, Communications and notifications, Payments and processing, Analytics and reporting, Compliance and contractual obligations, Security and protection, Assessments and aggregation, Personalisations and offers, Customer service, Any other purpose with your consent.
15. Disclosure
We may share your Personal Information for the following purposes: Business operations. We may share Personal Information with our affiliates, suppliers, providers, technicians, hosts, security, analytics, advisors, accountants and other partners; Your connections. With your consent, we may share Personal Information with your designated third-party connections and devices; Your requests. We may share Personal Information at your request or direction; Legal compliance. We may share Personal Information to comply with applicable law or any legal obligations; Business Transfer. We may share your Personal Information in the case of a merger, divestiture, restructuring, reorganisation, dissolution, sale or other transfer of some or all of our assets by or to another company; Rights and Responsibilities. We may share your Personal Information to enforce any rights and responsibilities and the safety and security of the Platform and Platform Users; De-identified information. We may disclose de-identified information that cannot be reasonably used to identify any individual, for research, or similar purposes; Promotions and Marketing. We may share your Personal Information for promotional and marketing purposes; Third-Party Channels. We may share your Personal Information with third parties directly or indirectly; Third-Party Analytics. We use Google Analytics and other tools to assess and optimise the Platform functionality and Platform features.
16. Security
Transmitting information over the internet and any form of electronic data storage is not completely secure and cannot be guaranteed. We endeavour to use best practices and current tools including appropriate physical, administrative, technical and other security measures to protect your Personal Information, however we cannot ensure the complete security of Personal Information transmitted to, on, or through our systems. Transmission of Personal Information over the internet and electronic data storage is your own responsibility and entire risk. We are not responsible for any damages or liabilities relating to any such information transmission, data storage and/or security failures.
17a. Transfer, Processing, and Storage
We protect the privacy and security of Personal Information as described in this Policy, regardless of where it is processed or stored. We may transfer your Personal Information to our servers in the U.S.A or to third-party partners that may be located in various countries around the world. When you access the Platform, use Platform features and provide any Personal Information to us, you are consenting to the transfer, processing and storage of such information that may be outside of your country of residence.
17b. Rights to Access and Control Your Personal Data
Any personal data that we collect is based upon your consent as detailed in this policy. You have many choices concerning the collection, use, and sharing of your data, including the ability to:
Delete Data: You may request that we delete your personal data. Please note that we cannot delete your personal information except by also deleting your user account.
Change or Correct Data: You can also ask us to change, update, or fix your data in certain cases, particularly if it’s inaccurate. 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.
Object to, or Limit or Restrict, Use of Data: You may request that we do not use your personal data, but keep in mind that this will terminate our ability to provide any Service(s) to you.
Right to Access and/or Take Your Data: You can ask us for a copy of your personal data.
You may send us an email at agewell@theagewellplan.com to request access to, obtain copies of, correct, or delete any personal information that you have provided to us.
Your email message must include (i) your identifying information (including your IP address, if applicable), (ii) your contact information, and (iii) information about the specific changes, deletions, or other action(s) you are requesting. We require this information so we can determine which information in our control is your Personal Information and complete the actions you requested. We may not accommodate a request to delete or change information if we believe the deletion would violate any law or legal requirement.
17c. Notice to Residents of Countries outside the United States of America
The data servers are headquartered in the United States of America. Personal Information may be accessed by us or transferred to us in the United States or to our affiliates, business partners, or service providers elsewhere in the world. By providing us with Personal Information, you consent to this transfer. We will protect the privacy and security of Personal Information according to this Privacy Statement, regardless of where it is processed or stored.
The GDPR took effect on May 25, 2018, and is intended to protect the data of European Union (EU) citizens.
As a company that operates the Platform, content, products and/or services online we do not specifically target our marketing to the EU or conduct business in or to the EU in any meaningful way. If the data that you provide to us in the course of your use of the Platform, content, products and/or services is governed by GDPR, we will abide by the relevant portions of the Regulation.
If you are a resident of the European Economic Area (EEA), or are accessing the Platform from within the EEA, you may have the following rights
Rights to Access and Control Your Personal Information for residents of the European Economic Area
Any personal data that we collect is based upon your consent as detailed in this Privacy Statement. You have many choices concerning the collection, use, and sharing of your data, including the ability to:
Delete Data: You may request that we delete your Personal Information. Please note that in some cases we cannot delete your Personal Information except by also deleting your user account.
Change or Correct Data: You can also ask us to change, update, or fix your data in certain cases, particularly if it’s inaccurate.
Object to, or Limit or Restrict, Use of Data:You may request that we do not use your Personal Information, but keep in mind that this will terminate our ability to provide any Service(s) to you.
Right to Access and/or Take Your Data: You can ask us for a copy of your Personal Information.
To make any of these requests, please contact our GDPR contact at agewell@theagewellplan.com. Your email message must include (i) your identifying information (including your IP address, if applicable), (ii) your contact information, and (iii) information about the specific changes, deletions, or other action(s) you are requesting. We require this information so we can determine which information in our control is your Personal Information and complete the actions you requested. We may not accommodate a request to delete or change information if we believe the deletion would violate any law or legal requirement.
17d. The HIPAA Privacy Rule
According to the US Department of Health and Human Services: “The HIPAA Privacy Rule establishes national standards to protect individuals’ medical records and other personal health information and applies to health plans, health care clearinghouses, and those health care providers that conduct certain health care transactions electronically. The Rule requires appropriate safeguards to protect the privacy of personal health information, and sets limits and conditions on the uses and disclosures that may be made of such information without personal authorization. The Rule also gives people rights over their health information, including rights to examine and obtain a copy of their health records, and to request corrections.”
You acknowledge that our operation of the Platform does not constitute the practice of medicine, and specifically does not create a doctor-patient relationship between you and any wellness practitioner on the Platform (a “Practitioner”). You acknowledge that any information offered on and provided through the Platform is for informational and educational purposes only.
Notwithstanding the fact that the Platform does not create a doctor-patient relationship between you and a Practitioner, our preservation of your personal health information shall be HIPAA compliant.
For purposes of this Privacy Policy, “clients” are those individuals who have secured the services of a Practitioner. If you are a client of a Practitioner, you may request a copy of the Practitioner’s individual HIPAA Privacy Statement, which governs the information collection practices of your personal information by the Practitioner.
18. Retention and Deletion
We will retain Personal Information and Usage Data as needed to fulfil the purposes for which it was collected and any other related purpose that is permissible by applicable law and current regulations. If you request to discontinue use of the Site and/or delete your Personal Information, the information will be deleted within 30 days from the date of your request, unless we must retain any of the Information to comply with legal obligations, regulatory requirements, maintain security, or any other valid reason. We will retain de-personalized information after you have discontinued your use of the Site.
19. Amendment
You can assess and adjust your Personal Information in your Platform Account at anytime. If you have chosen to connect your Platform Account to other accounts you may have with third-party providers, services and devices; you can amend these permission settings in your Platform Account. You may request any amendments to your Personal Information to ensure that it is accurate, current and complete by contacting us by email (agewell@theagewellplan.com). We will accommodate your request unless it violates any law or legal requirement or causes the information to be incorrect.
20. Preferences
You can manage your Platform communication preferences by updating your communication preferences in your Platform Account, by blocking push notifications in your mobile device settings, by clicking the unsubscribe link included in each email from the Platform, by contacting us by email with your request.
21. Communications
When you access the Platform, use Platform features, or otherwise provide Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to the Platform and your use of the Platform features. You may unsubscribe from Platform communications at any time however, important notifications regarding your transactions and other correspondence relating to Services and Products you have purchased will be sent to you as necessary, unless and until you stop using the Platform features or cancel the Services and Products in accordance with our Terms of Service.
22. Minors
We do not knowingly collect Personal Information and Usage Data from children and minors under the age of 18 without appropriate parental or guardian consent. Information and Data pertaining to minors is only compliant with this Policy and Terms of Use when it is entered on behalf of the minor by a legally designated guardian or with the consent of such legally designated guardian. We will terminate a Platform Account initiated by a minor. To terminate a Platform Account for a minor you are legally responsible for contact us by email (agewell@theagewellplan.com)
23. Updates
We may update this Policy at any time. When the Policy is updated, the revised version of the Policy will be posted on this page with a new date of effect. If you access the Platform and use the Platform features after such revisions have been posted, you have accepted the revisions and agreed to be bound by them. It is your responsibility to review the Policy periodically to ensure you are informed.
24. Contact
If you have questions or comments regarding this Policy contact us by email (agewell@theagewellplan.com)