- access or use the Site;
- register to become a Member; and/or
- use the Happify™ Offerings including, without limitation, the Services and/or Promotions.
Capitalized terms not defined herein shall have the meaning set forth in the Happify™ Website Terms and Conditions (“Terms and Conditions”).
We will only process your Personal Information in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is Happify, Inc., 51 E. 12th St., 5th Floor New York, NY 10003 (United States of America).
To review Happify™’s GDPR Commitment, click here.
You also have the right to object, the right to data portability, and the right to withdraw consent at any time. An individual who seeks access, or who seeks to correct, amend, object to or delete inaccurate data transferred to the United States under Privacy Shield or would like to exercise any other right under the European General Data Protection Regulation (the “GDPR”), should direct their query to firstname.lastname@example.org. We will respond to such requests within a reasonable timeframe, and in any case within one month of receipt of the request.
Individuals have a right to lodge a complaint with the appropriate European Supervisory Authority, in particular in the EU Member State of his or her habitual residence, place of work or of an alleged infringement of the GDPR.
You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en
1. Information We Collect
We collect three basic types of information and data: Personal Information, non-Personal Information, and aggregate data.
2. Personal Information Collected
- when you register to become a Member on the Site;
- when you access the Site and provide information in connection with your use of the Happify™ Offerings or Happify™ Health program; or
- when you register to become a Member, or otherwise utilize certain aspects of the Happify™ Offerings, through and/or in connection with an account that you already have with certain third-party social media websites (“Social Media Websites”), such as Facebook® and Twitter®.
In addition, when you access and/or use the Site and/or Happify™ Offerings, and based on our legitimate interest to improve the quality of the Happify™ Offerings, we may collect certain usage data, such as:
- the number of times that you visit the Site;
- the specific Happify™ Offerings accessed, as well as the frequency and duration of use associated with them; and
- other analyses and data associated with your access to, and use of, the Site and/or Happify™ Offerings (collectively, “Usage Data”).
We also may collect information and responses you provide when participating in activities on the Site, which may include activity postings, survey responses, assessment responses and any other data you generate in using the Site and/or Happify™ Offerings (“User Responses”).
3. Site Registration
The Personal Information that you must supply on the Site in order to obtain access to the Happify™ Offerings may include, without limitation:
- your full name;
- your e-mail address;
- your telephone number;
- your date of birth;
- your home address;
- your user name and password;
- a unique I.D. you receive from your healthcare company or health plan, your employee I.D. or other employer issued I.D.; and/or
- any and all other information requested on the applicable registration form (collectively, “Site Registration Data”).
4. Social Media Website Registration/Use
The Personal Information that you make available to Happify™ when you register via your Facebook® account, or utilize certain Happify™ Offerings in connection with your Facebook® account, may include, without limitation, depending on the privacy settings associated with your Facebook® account:
- all or some of the information that comprises Site Registration Data as set forth above;
- your Facebook® ID;
- your Facebook® profile name;
- your Facebook® profile picture;
- your education history (as included in your Facebook® account);
- your interests (as included in your Facebook® account);
- the Facebook® photographs included in your Facebook® account;
- gender; and
- any and all other information made available to Happify™ by and through your Facebook® account (collectively, “Facebook® Registration Data”).
The Personal Information that you make available to Happify™ when you register via your Twitter® account, or utilize certain Happify™ Offerings in connection with your Twitter® account, may include, without limitation, depending on the privacy settings associated with your Twitter® account:
- your Twitter® user ID;
- your Twitter® profile name;
- your Twitter® avatar; and
- any and all other information made available to Happify™ by and through your Twitter® account (collectively, “Twitter® Registration Data” and, together with the Site Registration Data and Facebook® Registration Data, the “Registration Data”).
5. Use of Personal Information
Based on our legitimate interest to improve the quality of the Happify™ Offerings, we may use your Usage Data, and share it with third parties:
- to assist us and such third parties in studying, evaluating and improving the Site and Happify™ Offerings;
- determine your preferences and tailor the Site and Happify™ Offerings to your needs; and
- so that we can promote the Site and Happify™ Offerings to third parties (using Usage Data on an aggregate and anonymous basis in that instance).
If you are a Happify Health Program Client, we may share your Usage Data and Personal Information with your Happify Health Program Company to enable them to assess the efficacy of the Happify Offerings and Services. If your employer uses a third-party vendor to administer its program, we may provide your Usage Data to the third-party vendor, but the third-party vendor will not receive your Personal Information unless the third party-vendor has signed an agreement limiting its use of Personal Information to analytics demonstrating the effectiveness of the program. We may provide limited Usage Data on an aggregate and anonymous basis to your employer for analytical purposes. If your employer administers its own incentive program, we may provide limited data to your employer in connection with the employer’s incentive program, consisting of total points earned for completion of activities or tracks during the incentive period. We do not provide individual results, outcomes or activities associated with your account. We may also notify your employer if you win a prize in a Sweepstakes that Happify sponsors. If you hire a personal care manager, coach or therapist (a “Health Care Professional”) or elect to use a Health Care Professional under a program or service offered by a Happify Health Program Company, the Health Care Professional will be permitted to access your Usage Data and User Responses. By electing to use a Health Care Professional, you are consenting to the disclosure of this information to the Health Care Professional with whom you are working. The Health Care Professional is under a duty to maintain the confidentiality of this information and any other Personal Information you share with the Health Care Professional, and the Health Care Professional may not disclose this information to anyone else unless under a legal requirement to do so. Happify also has entered into agreements with private health care practices to which it may disclose Usage Data on an aggregate and anonymous basis.
Other than in connection with the limited use of Usage Data and Personal Information as specified above, Happify™ will never sell, rent, exchange or barter your Personal Information to or with any third party for financial gain or marketing purposes. When you register as a Member, we use the Personal Information that you make available to personalize your experience with the Site, facilitate the delivery of the applicable Happify™ Offerings to you and for verification purposes. You also agree that, based on our legitimate interest referred to above, we may contact you at any time with updates and any other information that we may deem appropriate for you to receive in connection with your continued use of the Site and Happify™ Offerings, and to keep you informed of our other products and services. In addition, if you identify yourself to us by sending us an email or some other communication with questions or comments, we may use such information (including Personal Information) to respond to your questions or comments, and we may file your questions or comments for future reference. If you elect to participate in our coaching program, the coach will be permitted to access your user data, including happiness statistics, character strength assessment results, user posts and comments (public and private). By participating in the coaching program, you are consenting to the processing of your personal data, including special categories such as data concerning health, and to the disclosure of this information to any coach with whom you are working. The coach is under a duty to maintain the confidentiality of this information and any other Personal Information you share with the coach, and the coach may not disclose this information to anyone else unless under a legal requirement to do so.
The Personal Information that you submit to Happify™ remains your property, but by making the Personal Information available to Happify™, you grant Happify™ the right, subject to applicable law, to use that Personal Information to bring you certain promotional offers from Happify™ and its third party partners that Happify™ believes may be of interest to you. If you wish to withdraw your consent, object to the use of Personal Information based on our legitimate interest or to stop receiving future communications from us, please see the section below entitled “Managing Your Settings.”
We may permit our third-party agents, service providers, vendors and subcontractors (such as vendors and suppliers that provide us with technology, services, advertising and marketing assistance or content in connection with our operation and maintenance of the Site and Happify™ Offerings) to access Usage Data, but they are only permitted to do so in connection with performing services for us or to operate the Site and Happify™ Offerings. Third parties are not authorized to use your Personal Information for their own benefit. In addition, we may use, or permit third-party research partners to use, User Responses for research or data analysis purposes.
We may also supplement the information that we collect with information from public, third-party private, or internal sources to assist us in evaluating and improving the Site and Happify™ Offerings, and to determine your preferences so that we can tailor the Site and Happify™ Offerings to your needs.
We may report aggregate or de-identified information, which is not able to be identified back to an individual user of the Site other than in a tokenized manner, to third party partners.
Information that we collect about you also may be combined by us with other information available to us through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. This information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity or other information.
We reserve the right to release current or past Personal Information:
- in the event that we believe that the Site and/or Happify™ Offerings is/are being or has/have been used in violation of the Terms and Conditions or to commit unlawful acts;
- if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Information pursuant to a subpoena; or
- if Happify™ is sold, merged or acquired; provided, however, that if Happify™ is involved in a merger, acquisition or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on the Site of any change in ownership or uses of your Personal Information, as well as any choices that you may have regarding your Personal Information.
6. Interactive Services/Social Media Websites
If you post a Comment, Activity Post or otherwise provide Personal Information by and through the Interactive Services, the Site and/or any applicable Social Media Website, you should be aware that any Personal Information that you submit using such forums can be read, collected or used by other users of these forums (depending on your privacy settings, in the case of Social Media Websites), and could be used to send you unsolicited messages or otherwise contact you without your consent or desire. We are not responsible for the Personal Information that you choose to submit in these forums. If you mistakenly post Personal Information in our public forums and would like it removed, you can send us an email to email@example.com to request that we remove it. In some cases, we may not be able to remove such Personal Information.
The Social Media Websites operate independently from Happify™, and we are not responsible for such Social Media Websites’ interfaces or privacy or security practices. We encourage you to review the privacy policies and settings on the Social Media Websites with which you interact to help you understand those Social Media Websites’ privacy practices. If you have questions about the security and privacy settings of any Social Media Websites that you use, please refer to their applicable privacy notices or policies.
Further, by submitting Comments, Activity Posts and/or other material via the Interactive Services, the Site, the Services and/or Social Media Websites, you:
- represent and warrant that Happify™’s use of your submission does not and will not breach any agreement, violate any law, violate any Social Media Website’s terms of service or infringe upon any third party’s rights;
- agree that Happify™ is free to use in any manner all or part of the Comments, Activity Posts and/or other material on an unrestricted basis without the obligation to notify, identify or compensate you or anyone else; and
- grant Happify™ all necessary rights, including a waiver of all copyright, trademark, privacy and moral rights, to use all Comments, Activity Posts and/or other material, in whole or in part, or as a derivative work, without any duty by Happify™ to anyone whatsoever.
7. Other Information Collection and Use
We use the information that we collect to improve the design and content of the Site and to enable us to personalize your Internet experience. We also may use this information in the aggregate to analyze Site usage, as well as to offer you products and services.
When providing our Services, we may use the following types of cookies and tracking technologies for the purposes set out below.
To support our Services, we may use one or more of the following cookies for the purposes set forth below:
|Type of Cookie||Purpose|
|Analytics and Performance Cookies||These cookies are used to collect information about traffic to our Services and how users use our Services. The information gathered does not identify any individual visitor. The information is aggregated and therefore anonymous. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages that they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Services. We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Services work. You can find out more information about Google Analytics cookies here: Find out more information about Google Analytics cookies. You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our Services by downloading and installing the browser plugin available via this link: Google Analytics Opt-out Browser Add-on|
|Essential Cookies||These cookies are essential to provide you with services available through our Services and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Services and help the content of the pages you request load quickly. 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.|
|Functionality Cookies||These cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences, remembering your login details, remembering which polls you have voted in and in some cases, to show you poll results, and remembering the changes you make to other parts of our Services which you can customize. 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 visit our Services.|
|Social Media Cookies||These cookies are used when you share information using a social media sharing button or “like” button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook® or Twitter®. The social network will record that you have done this.|
You can find more information about cookies and how they work, what cookies have been set on your computer or mobile device and how to manage and delete them at http://www.allaboutcookies.org/ and www.youronlinechoices.com/uk.
We may also use “pixel tags,” which are small graphic files that allow us and third parties to monitor the use of the Services and collect Usage Data. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your computer.
We may use pixel tags, either provided by us or by our third party advertisers, service providers and ad networks, to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and Services and use them in combination with our cookies to provide offers and information of interest to you. Pixel tags may also enable ad networks to serve targeted advertisements to you when you visit the Services or other websites.
In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.
9. Location Information
When you use the Site, Happify™ Offerings, the Services, or Promotions, and based on our legitimate interest to improve them, we may collect location information either provided by a mobile device interacting with our Site or one of our applications, or associated with your IP address, where we are permitted by law to process this information.
10. Aggregate Data
Happify™ reserves the right to transfer and/or sell aggregate or group data about Happify™ users (including Usage Data not linked to Personal Information) for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Happify™ users as a group, without disclosing personally identifiable information.
11. Mobile Devices
12. Third-Party Websites
This Site may contain links to third-party owned and/or operated websites. Happify™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Happify™ has no responsibility or liability relating to them.
We endeavor to safeguard and protect our Members’ Personal Information. When Members make Personal Information available to us, their Personal Information is protected both online and offline (to the extent that we maintain any Personal Information offline). The privacy of your Personal Information is very important to us. When our registration process asks users to submit Personal Information (if any), and when we transmit such Personal Information, that information is encrypted and is protected with the appropriate current industry standard software that employs state-of-the-art, best-practice encryption methods and algorithms.
Access to your Personal Information is strictly limited, and we take reasonable measures to ensure that your Personal Information is not accessible to the public. The servers that we store Personal Information in are kept in a secure physical environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Information, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Information will be absolutely secure. Any transmission of data at or through the Site is at your own risk.
All of our Members’ Personal Information, not just the sensitive information mentioned above, is restricted in our offices. Only employees or third-party agents who need the Personal Information to perform a specific job are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all user Personal Information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws or other laws applicable to persons using our Offerings in foreign countries, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
14. Information from users outside the U.S.A.
Happify™ complies with the EU-U.S. Privacy Shield Framework and the Swiss-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information from European Union member countries, the United Kingdom, and Switzerland transferred to the United States pursuant to Privacy Shield.
With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Happify™ is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.
Pursuant to the Privacy Shield Frameworks, EU, UK and Swiss individuals have the right to obtain our confirmation of whether we maintain personal information relating to you in the United States. Upon request, we will provide you with access to the personal information that we hold about you. You may also correct, amend, or delete the personal information we hold about you.
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to firstname.lastname@example.org.
In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Happify™’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Happify™ remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process personal data on its behalf do so in a manner inconsistent with the Principles, unless Happify™ proves that it is not responsible for the event giving rise to the damage.
In compliance with the Privacy Shield Principles, Happify™ commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to Privacy Shield. European Union and Swiss individuals with Privacy Shield inquiries or complaints should first contact Happify™ by email at email@example.com.
Happify™ has further committed to refer unresolved privacy complaints under the Privacy Shield Principles to an independent dispute resolution mechanism, the BBB EU PRIVACY SHIELD. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed, please visit https://www.bbb.org/EU-privacy-shield/file-a-complaint/ consumers for more information and to file a complaint. This service is provided free of charge to you.
If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms. See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.
15. Exercising your right to Opt-Out of Receiving Communications
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Happify™ Offerings, as well as to respond to any inquiry or request made by you. To opt-out of receiving Happify™ Offerings-related and inquiry response-related messages from Happify™, you must cease requesting and/or utilizing the Happify™ Offerings and cease submitting inquiries to Happify™, as applicable.
16. Identifying, Deleting and Updating Your Information
At your request, we will inform you of what Personal Information we have on file for you. In addition, at your request, we will update, correct, modify or delete Personal Information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at firstname.lastname@example.org; provided, however, that we ask individual Members to identify themselves and the information requested to be accessed or updated before processing such requests. We will comply with your request as soon as reasonably practicable. However, we may maintain Personal Information whenever we are required to do so by law or regulations or as we believe is reasonably necessary to comply with applicable law or regulations, government requests, to detect or prevent fraud, to resolve disputes, to address problems with the Services, to assist with investigations, or to enforce our terms and conditions or other applicable agreements or policies. We may also need to retain certain information for recordkeeping purposes. We will retain your Personal Information for the period necessary to fulfil the purposes outlined in this Policy unless a longer retention period is required or permitted by law.
17. Data Retention
User information provided to Happify™ will be retained in accordance with the strictest application of the laws of the governing authorities for the user’s primary place of residence. In the absence of applicable laws governing data retention, Happify™ will not retain data for more than 7 years beyond the date the user last logs in to Happify™.
Happify™ is committed to children's privacy. Happify™ does not knowingly permit any person less than 16 years of age to register directly for the Happify™ Offerings.
19. Parental Controls
IF YOU ARE THE EMPLOYER OR THE HAPPIFY™ HEALTH PROGRAM COMPANY, AND YOU REGISTER AN ACCOUNT FOR A CHILD, YOU REPRESENT AND WARRANT TO HAPPIFY™ THAT YOU HAVE RECEIVED EXPRESS CONSENT FROM SUCH CHILD’S PARENT OR LEGAL GUARDIAN TO REGISTER THE CHILD FOR THE HAPPIFY™ OFFERINGS AND TO PROVIDE TO HAPPIFY THE INFORMATION YOU DISCLOSE IN CONNECTION WITH THE REGISTRATION OF SUCH CHILD. WITHOUT LIMITING THE FOREGOING, YOU FURTHER AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF SUCH CHILD. You hereby agree to indemnify, defend and hold harmless Happify™ against any and all claims, losses, liabilities and expenses (including reasonable attorneys’ fees) arising out of or related to
- your violation of any provision, representation or warranty in this Section;
- the use of the Happify™ Offerings by the Child;
- your failure to obtain proper parental or legal guardian consent;
- your registration of the Child; or
- any other action related to the Child.
- sending the modified policy to our Members via email; and/or
- by any other reasonable means acceptable under applicable state and federal law.
21. Contact Us
We have designated Rickert Rechtsanwaltsgesellschaft mbH as our representative in the European Union. If you would like to contact our representative, please e-mail email@example.com, or send a letter to: Kaiserplatz 7-9, 53113 Bonn, Germany.