Privacy Policy

Nectarine Health Privacy Policy for Consumers in The United States

Last updated:  June 22, 2021

This Privacy Policy describes Pink Nectarine Health AB’s (the “Company”) policies and procedures on the collection, use and disclosure of your information when you use our Device and/or Services and tells you about your privacy rights and how the law protects you.

We use your personal information consistent with this Privacy Policy. The words of which the initial letter is capitalized have meanings defined in this Privacy Policy and/or in our Terms of Service.

 

Collecting Your Personal Information

Types of Data Collected

While using our Device and/or Services, we may ask you to provide us with, or we may obtain, certain Personal information that can be used to contact or identify you. Personal information may include, but is not limited to:

Data Provided by You

While using our Device and/or Services, we may ask you to provide us with certain information that can be used to contact or identify you. This information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City

Usage Data

Usage Data is collected automatically when using the Device and/or Services.

Usage Data may include information such as your Device’s Internet Protocol address (e.g. IP address), browser type, browser version, the pages of our Services that you visit, the time and date of your visit, the time spent on those pages, unique device identifiers and other diagnostic data.

When you access the Services by or through a mobile device, we may collect certain information automatically, including, but not limited to, the type of mobile device you use, your mobile device unique ID, the IP address of your mobile device, your mobile operating system, the type of mobile Internet browser you use, unique device identifiers and other diagnostic data.

We may also collect information that your browser sends whenever you visit our Services or when you access the Device and/or Services by or through a mobile device.

Information from Third-Party Social Media Services (Social Sign-On)

The Company may allow you to create an account and log in to use the Device and/or Services through the following Third-party Social Media Services:

  • Google
  • Facebook
  • Twitter

If you decide to register through or otherwise grant us access to a Third-Party Social Media Service, we may collect Personal Data that is already associated with your Third-Party Social Media Service’s account, such as your name, your email address, your activities or your contact list associated with that account.

You may also have the option of sharing additional information with the Company through your Third-Party Social Media Service’s account. If you choose to provide such information and Personal information, during registration or otherwise, you are giving the Company permission to use, share, and store it in a manner consistent with this Privacy Policy.

Information Collected while Using the Application

While using our Services, in order to provide certain features of our Services, we may collect, with your prior permission:

  • Pictures and other information from your Device’s camera and photo library.

We use this information to provide features of, to improve, and to customize our Device and/or Services. The information may be uploaded to the Company’s servers and/or a Service Provider’s server or it may be simply stored on your device.

You can enable or disable access to this information at any time, through your Device settings.

Information Collected while Using the Nectarine Health Service

In order to provide the functionality offered by the Nectarine Health service, we may collect – with your prior permission – information and data from the Wristbands, Hubs, and Satellites, which includes but is not limited to:

  • Mac-addresses of the Wristband, Hubs and Satellites
  • Bluetooth signal strengths
  • Timezone
  • IP addresses
  • Internet quality measurements such as latency, packet loss, etc.
  • WiFi signal strength
  • Hardware performance statistics
  • Battery charge levels

There is a microphone in the Hubs, Satellites, and Wristbands. The microphone is only used in order to provide two-way audio communication when necessary in response to acute alerts.

Tracking Technologies and Cookies

We use cookies and similar tracking technologies to track the activity on our Services and store certain information. Tracking technologies used are beacons, tags, and scripts to collect and track information and to improve and analyze our Services. The technologies we use may include:

  • Cookies or Browser Cookies. A cookie is a small file placed on your Device. You can instruct your browser to refuse all cookies or to indicate when a cookie is being sent. However, if you do not accept cookies, you may not be able to use some parts of our Services. Unless you have adjusted your browser setting so that it will refuse cookies, our Services may use cookies.
  • Flash Cookies. Certain features of our Service may use local stored objects (or Flash Cookies) to collect and store information about your preferences or your activity on our Service. Flash Cookies are not managed by the same browser settings as those used for browser cookies. For more information on how you can delete Flash Cookies, please read “Where can I change the settings for disabling, or deleting local shared objects?” available at https://helpx.adobe.com.
  • Web Beacons. Certain sections of our Services and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of a certain section and verifying system and server integrity).

Cookies can be “Persistent” or “Session” Cookies. Persistent Cookies remain on your personal computer or mobile device when you go offline, while Session Cookies are deleted as soon as you close your web browser. You can learn more about cookies here: All About Cookies by TermsFeed.

We use both Session and Persistent Cookies for the purposes set out below:

Necessary / Essential Cookies

Type: Session Cookies

Administered by: Us

Purpose: These cookies are essential to provide you with services available through the Website and to enable you to use some of its features. They help to authenticate users and prevent fraudulent use of user accounts. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.

Cookies Policy / Notice Acceptance Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These cookies identify if users have accepted the use of cookies on the website.

Functionality Cookies

Type: Persistent Cookies

Administered by: Us

Purpose: These cookies allow us to remember choices you make when you use the website, such as remembering your login details or language preference. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you use the website.

Tracking and Performance Cookies

Type: Persistent Cookies

Administered by: Third Parties

Purpose: These cookies are used to track information about traffic to the website and how users use the website. The information gathered via these cookies may directly or indirectly identify you as an individual visitor. This is because the information collected is typically linked to a pseudonymous identifier associated with the device you use to access the website. We may also use these cookies to test new pages, features or new functionality of the website to see how our users react to them.

For more information about the cookies we use and your choices regarding cookies, please visit the Cookies section of our Privacy Policy.

 

Use and Sharing of Your Personal Information

We may use Personal information for the following purposes:

  • To provide and maintain our Services, including to monitor the usage of our Services.
  • To manage your account: to manage your registration as a user of the Services. The Personal information you provide can give you access to different functionalities of the Services that are available to you as a registered user.
  • For the performance of a contract: the development, compliance and undertaking of the purchase contract for the products, items or services you have purchased or of any other contract with us through the Services.
  • To contact you: to contact you by email, telephone calls, SMS, or other equivalent forms of electronic communication, such as a mobile application’s push notifications regarding updates or informative communications related to the functionalities, products or contracted services, including the security updates, when necessary or reasonable for their implementation.
  • Marketing and product offers: to provide you with news, special offers and general information about other goods, services and events which we offer that are similar to those that you have already purchased or enquired about unless you have opted not to receive such information.
  • To manage your requests: to attend and manage your requests to us.
  • For business transfers: we may use our information to evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which Personal information held by us about our Service users is among the assets transferred.
  • For other purposes: we may use your information for other purposes, such as data analysis, identifying usage trends, determining the effectiveness of our promotional campaigns and to evaluate and improve our Service, products, services, marketing and your experience.

We may share your personal information in the following situations:

  • With service providers: we may share your personal information with service providers to monitor and analyze the use of our Services, for payment processing, or to contact you.
  • For business transfers: we may share or transfer your personal information in connection with, or during negotiations of, any merger, sale of Company assets, financing, or acquisition of all or a portion of our business to another company.
  • With affiliates: We may share your information with our affiliates, in which case we will require those affiliates to honor this Privacy Policy. Affiliates include our parent company and any other subsidiaries, joint venture partners or other companies that we control or that are under common control with us.
  • With business partners: we may share your information with our business partners to offer you certain products, services or promotions.
  • With other users: when you share personal information or otherwise interact in the public areas with other users, such information may be viewed by all users and may be publicly distributed outside. If you interact with other users or register through a Third-Party Social Media Service, your contacts on the Third-Party Social Media Service may see your name, profile, pictures and description of your activity. Similarly, other users will be able to view descriptions of your activity, communicate with you and view your profile.
  • With your consent: We may disclose your personal information for any other purpose with your consent.

 

Retention of Your Personal Information

The Company will retain your Personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal information to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies.

The Company will also retain usage data for internal analysis purposes. Usage data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Services, or we are legally obligated to retain this data for longer time periods.

 

Transfer of Your Personal Information

Your information, including Personal information, is processed at the Company’s operating offices and in any other places where the parties involved in the processing are located. It means that this information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the data protection laws may differ than those from your jurisdiction.

The Company will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy and no transfer of your Personal information will take place to an organization or a country unless there are adequate controls in place including the security of your data.

 

Disclosure of Your Personal Information

Business Transactions

If the Company is involved in a merger, acquisition or asset sale, your Personal information may be transferred. We will provide notice before your Personal information is transferred and becomes subject to a different Privacy Policy.

Law Enforcement

Under certain circumstances, the Company may be required to disclose your Personal information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

Other Legal Requirements

The Company may disclose your Personal information in the good faith belief that such action is necessary to:

  • Comply with a legal obligation
  • Protect and defend the rights or property of the Company
  • Prevent or investigate possible wrongdoing in connection with the Service
  • Protect the personal safety of Users of the Service or the public
  • Protect against legal liability

 

Security of Your Personal Information

The security of your Personal information is important to us, but remember that no method of transmission over the Internet or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal information, we cannot guarantee its absolute security.

 

Detailed Information on the Processing of Your Personal Information

The service providers we use may have access to your Personal information. These third-party vendors collect, store, use, process and transfer information about your activity on our Services in accordance with their Privacy Policies.

Analytics

We may use third-party service providers to monitor and analyze the use of our Services.

Google Analytics

Google Analytics is a web analytics service offered by Google that tracks and reports website traffic. Google uses the data collected to track and monitor the use of our Service. This data is shared with other Google services. Google may use the collected data to contextualize and personalize the ads of its own advertising network.

You can opt-out of having made your activity on your Device and/or the Services available to Google Analytics by installing the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

You may opt-out of certain Google Analytics features through your mobile device settings, such as your device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy

For more information on the privacy practices of Google, please visit the Google Privacy & Terms web page: https://policies.google.com/privacy

Firebase

Firebase is an analytics service provided by Google Inc.

You may opt-out of certain Firebase features through your mobile device settings, such as your Device advertising settings or by following the instructions provided by Google in their Privacy Policy: https://policies.google.com/privacy

We also encourage you to review the Google’s policy for safeguarding your data: Safeguarding Your Data.

For more information on what type of information Firebase collects, please visit the How Google Uses Information From Sites Or Apps That Use Our Services webpage.

Email Marketing

We may use your Personal information to contact you with newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt-out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send or by contacting us.

We may use email marketing service providers to manage and send emails to you.

Twilio SendGrid

Its Privacy Policy can be viewed at https://www.twilio.com/legal/privacy.

Payments

We may provide paid products and/or services within the Services.  In that case, we may use third-party services for payment processing (e.g. payment processors).

We will not store or collect your payment card details. That information is provided directly to our third-party payment processors whose use of your personal information is governed by their Privacy Policy. These payment processors adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort of brands like Visa, Mastercard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of payment information.

Stripe

Its Privacy Policy can be viewed at https://stripe.com/us/privacy.

 

GDPR Privacy

Legal Basis for Processing Personal information under GDPR

We may process any of the Personal information we collect using one of the following lawful bases:

  • Consent: you have given your consent for processing Personal information for one or more specific purposes.
  • Performance of a contract: provision of Personal information is necessary for the performance of an agreement with you and/or for any pre-contractual obligations thereof.
  • Legal obligations: processing Personal information is necessary for compliance with a legal obligation to which the Company is subject.
  • Vital interests: processing Personal information is necessary in order to protect your vital interests or of another natural person.
  • Public interests: processing Personal information is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company.
  • Legitimate interests: processing Personal information is necessary for the purposes of the legitimate interests pursued by the Company.

In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal information is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

Your Rights under the GDPR

The Company undertakes to respect the confidentiality of your Personal information and to guarantee you can exercise your rights.

You have the right under this Privacy Policy, and by law if you are within the EU, to:

  • Request access to your Personal information. The right to access, update or delete the information we have on you. Whenever made possible, you can access, update or request deletion of your Personal information directly within your account settings section. If you are unable to perform these actions yourself, please contact us to assist you. This also enables you to receive a copy of the Personal information we hold about you.
  • Request correction of the Personal information that we hold about you. You have the right to have any incomplete or inaccurate information we hold about you corrected.
  • Object to processing of your Personal information. This right exists where we are relying on a legitimate interest as the legal basis for our processing and there is something about your particular situation, which makes you want to object to our processing of your Personal information on this ground. You also have the right to object where we are processing your Personal information for direct marketing purposes.
  • Request erasure of your Personal information. You have the right to ask us to delete or remove Personal information when there is no good reason for us to continue processing it.
  • Request the transfer of your Personal information. We will provide to you, or to a third-party you have chosen, your Personal information in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which you initially provided consent for us to use or where we used the information to perform a contract with you.
  • Withdraw your consent. You have the right to withdraw your consent on using your Personal information. If you withdraw your consent, we may not be able to provide you with access to certain specific functionalities of the Services.

Exercising Your GDPR Data Protection Rights

You may exercise your rights of access, rectification, cancellation and opposition by contacting us. Please note that we may ask you to verify your identity before responding to such requests. If you make a request, we will try our best to respond to you as soon as possible.

You have the right to contact a Data Protection Authority about our collection and use of your Personal information. For more information, if you are in the European Economic Area (EEA), please contact your local data protection authority in the EEA.

 

California Privacy Rights

California Consumer Privacy Act (CCPA)

This privacy notice section for California residents supplements the information contained in our Privacy Policy and it applies solely to all visitors, users, and others who reside in the State of California.  The California Consumer Privacy Act (“CCPA”) provides California residents with rights to receive certain disclosures regarding the collection, use, and sharing of information about them, as well as rights to know/access, delete, and limit sharing of personal information. You have the right to be free from discrimination based on your exercise of your CCPA rights. To the extent that we collect personal information that is subject to the CCPA, that information, our practices, and your rights are described below.

Notice at Collection Regarding the Categories of Personal Information Collected

You have the right to receive notice of the categories of personal information we collect and the purposes for which we use personal information. The following table summarizes the categories of personal information we collect, the categories of sources of that information, and whether we disclose or sell that information to service providers or third parties, respectively. The categories we use to describe personal information are those enumerated in the CCPA. We collect this personal information for the purposes described in “Collecting Your Personal Information.”

Please note that the categories and examples provided in the list below are those defined in the CCPA. This does not mean that all examples of that category of personal information were in fact collected by us, but reflects our good faith belief to the best of our knowledge that some of that information from the applicable category may be and may have been collected. For example, certain categories of personal information would only be collected if you provided such personal information directly to us.

 

 

CATEGORY INFORMATION TYPE SOURCE WE DISCLOSE TO: WE SELL TO:
———————— ———————— ———————— ———————— ————————
Identifiers Contact information or personal characteristics (name; email address; postal address; telephone number; signature). You; our social media pages; third party subscription service providers Emergency Response Providers; Business Partners; service providers Not sold
———————— ———————— ———————— ———————— ————————
Health Information
  • Protected health information.
  • Physical or mental status or ailments.
You Carers assigned by you; Service Providers Not sold
———————— ———————— ———————— ———————— ————————
Financial Information
  • Payment card data.
  • Bank account information.
You Service Providers Not sold
———————— ———————— ———————— ———————— ————————
Commercial Information
  • Transaction information.
  • Billing and payment records.
  • Order history.
You Service Providers Not sold
———————— ———————— ———————— ———————— ————————
Geolocation Information
  • Precise (information that describes location with more precision than ZIP code, e.g., GPS data).
  • Coarse (information that describes location at ZIP code-level or less precision).
You; our analytics and advertising partners Service Providers Advertising partners (coarse location only)
———————— ———————— ———————— ———————— ————————
Internet or Electronic Network Activity Information
  • IP address.
  • Device identifier (e.g., MAC).
  • Advertising identifier (e.g., IDFA, AAID).
  • Information provided in URL string (e.g., search keywords).
  • Cookie or tracking pixel information.
  • Information about your interaction with our website, app, email correspondence, or products.
  • Browsing history.
  • Search history.
  • Diagnostic information (e.g., crash logs, performance data).
You; our analytics  and advertising partners Service Providers Advertising partners
———————— ———————— ———————— ———————— ————————
Audio, Electronic, Visual, Thermal, Olfactory, or Similar Information Call recordings. You; Customer Support Service Providers Not sold
———————— ———————— ———————— ———————— ————————
Inferences Drawn About You User profile reflecting preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes. You; our analytics and advertising partners Service Providers Advertising partners
———————— ———————— ———————— ———————— ————————
Content of Communications Contents of phone calls, emails, or text messages. You; Customer Support Service Providers Not sold
———————— ———————— ———————— ———————— ————————
Contacts List of contacts that you supply to us. You Service Providers Not sold

 

Entities to whom we disclose information for business purposes are service providers, which are companies that we engage to conduct activities on our behalf. We restrict service providers from using personal information for any purpose that is not related to our engagement.

Entities to whom we “sell” information are third parties. Under the CCPA, a business “sells” personal information when it discloses personal information to a company for monetary or other benefit. A company may be considered a third party either because the purpose for its sharing of personal information is not for an enumerated business purpose under California law, or because its contract does not restrict it from using personal information for other purposes.

Your Rights under the CCPA

  • Opt out of sale of personal information: You have the right to opt out of our sale of your personal information to third parties. To exercise this right, please contact us. Please be aware that your right to opt out does not apply to our sharing of personal information with service providers.
  • Know and request access to and deletion of personal information: You have the right to request access to personal information collected about you and information regarding the source of that personal information, the purposes for which we collect it, and the third parties and service providers with whom we share it. You also have the right to request in certain circumstances that we delete personal information that we have collected directly from you. Please contact us to exercise these rights.

Sale of Personal Information of Minors Under 16 Years of Age

We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to the sale of personal information may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by contacting us.

If you have reason to believe that a child under the age of 13 (or 16) has provided us with personal information, please contact us with sufficient detail to enable us to delete that information.

California’s “Shine the Light” Law

Under California Civil Code Section 1798 (California’s Shine the Light law), California residents with an established business relationship with us can request information once a year about sharing their personal information with third parties for the third parties’ direct marketing purposes.

If you’d like to request more information under the California Shine the Light law, and if you are a California resident, you can contact us using the contact information provided below.

California Privacy Rights for Minor Users (California Business and Professions Code Section 22581)

California Business and Professions Code section 22581 allows California residents under the age of 18 who are registered users of online sites, services or applications to request and obtain removal of content or information they have publicly posted.

To request removal of such data, and if you are a California resident, you can contact us using the contact information provided below and include the email address associated with your account.

Be aware that your request does not guarantee complete or comprehensive removal of content or information posted online and that the law may not permit or require removal in certain circumstances.

 

Nevada Privacy Law

Residents of the State of Nevada have the right to opt out of the sale of certain pieces of their information to other companies who will sell or license their information to others.

If you are a Nevada resident and would like more information about our data sharing practices, please contact us.

Other Methods to Control Your Data Collection

Website

You can opt out of receiving ads that are personalized as served by our Service Providers by following our instructions presented on the Service:

The opt out will place a cookie on your computer that is unique to the browser you use to opt out. If you change browsers or delete the cookies saved by your browser, you will need to opt out again.

Mobile Devices

Your mobile device may give you the ability to opt out of the use of information about the apps you use in order to serve you ads that are targeted to your interests:

  • “Opt out of Interest-Based Ads” or “Opt out of Ads Personalization” on Android devices
  • “Limit Ad Tracking” on iOS devices

You can also stop the collection of location information from your mobile device by changing the preferences on your mobile device.

Do Not Track

Your browser or device may include “Do Not Track” functionality. The information collection and disclosure practices and the choices that we provide to you will continue to operate as described in this Privacy Policy, whether a Do Not Track signal is received.

If you are visiting a website that responds to DNT, you can set your preferences in your web browser to inform websites that you do not want to be tracked. You can enable or disable DNT by visiting the preferences or settings page of your web browser.

 

Links to Other Websites

Our Service may contain links to other websites that are not operated by us. If you click on a third-party link, you will be directed to that third party’s site. We strongly advise you to review the Privacy Policy of every site you visit.

We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

 

Changes to this Privacy Policy

We may update our Privacy Policy from time to time. We will notify you of any changes by posting the new privacy policy on this page.

We will let you know via email and/or a prominent notice on our Service, prior to the change becoming effective and update the “Last updated” date at the top of this Privacy Policy.

You are advised to review this Privacy Policy periodically for any changes. Changes to this Privacy Policy are effective when they are posted on this page.

 

Making a Request to Exercise Your Rights

Contact

Please contact us if you have questions or wish to take any action with respect to information to which this privacy policy applies.

Email: privacy@nectarinehealth.com

Telephone: +46 (0) 10 102 4140

Mail: info@nectarinehealth.com

Submitting requests

You may submit a request to exercise your rights by making a request using the contact information above.

If you are a California resident, you may authorize another individual or a business registered with the California Secretary of State, called an authorized agent, to make requests on your behalf.

We may have a reason under the law why we do not have to comply with your request, or why we may comply with it in a more limited way than you anticipated. If we do, we will explain that to you in our response.

Verification

We must verify your identity before responding to your request. We verify your identity by asking you to provide personal identifiers that we can match against information we may have collected from you previously. We may need to follow up with you to request more information to verify identity.

We will not use personal information we collect in connection with verifying or responding to your request for any purpose other than responding to your request.