TERMS OF SERVICE
Last Updated: July 25, 2017
1. Accessing our Services
1.1 Public Services
We make some Services available without registering or obtaining a password. We call these “Public Services.” You may make personal, non-commercial use of the Public Services so long as you comply with these Terms. This personal use includes linking to information appearing in the Public Services, provided you do not represent yourself as an employee, agent or representative of Strive Labs, Inc. Personal use also includes temporary caching by your browser or a proxy server.
If you operate a free, public search engine that has made a public commitment to adhering to the robots.txt protocol, together with our Sitemaps and Crawl-delay directive (collectively, the “Protocol”), you may crawl, index and publish hyperlinks (including so-called “deep links”) to the Public Services, so long as (i) you do so in compliance with the Protocol instructions published in applicable locations on our Services, (ii) you do not directly or indirectly receive remuneration in connection with the provision or display of said hyperlinks and cached pages, and (iii) if your user-agent is disallowed by us in our Protocol instructions or we otherwise notify you in writing, you shall cease all crawling of our Services. We call such a free, public search engine satisfying the requirements of clauses (i) through (iii), a “Public Search Engine,” and the Public Search Engine’s combined performance of clauses (i) through (iii), collectively, “Public Search Services.” We may revoke the foregoing authorizations at any time as indicated in our Protocol instructions.
We reserve all rights not expressly granted to you. This means that if you wish to use the Public Services in a way that is not authorized above, you must receive our permission prior to such use.
1.2 Protected Services
Some of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share using our Services. We call these “Protected Services.” One such safeguard is requiring each user to be properly authenticated by obtaining from us a unique, password, API key or other means of authorization (which we call, “Credentials”). In order to obtain Credentials, you must provide certain information about yourself. If you are registering for a Protected Service, or accessing or using, or attempting to access or use, a Protected Service on behalf of, or for the benefit of, someone other than yourself — such as your employer, client or customer (each, a “Principal”) — you must also identify and provide information about each Principal.
If you sign up for one of our Protected Services you may be asked to agree to a subscription agreement (your “Subscription Agreement”). In such cases, you will be asked to expressly consent to your Subscription Agreement, for example, by checking a box or clicking on a button with terms such as “Create my Account” or the like. In the event of a conflict between the terms of your Subscription Agreement and of these Terms, the terms of your Subscription Agreement shall control.
Your Credentials are unique to you. You should immediately notify us at firstname.lastname@example.org if your Credentials have been stolen or compromised. You are responsible for all activities that occur under your Credentials until you have properly notified us. Further, you represent, warrant and covenant that:
the information you submit in obtaining your Credentials is complete and accurate and identifies you and the name of each of your Principals;
- you will not share your Credentials with anyone else;
- you will not circumvent, or attempt to circumvent, any technical measures we have put in place to safeguard the Protected Services;
- you will not, without our prior written approval, access or use, or attempt to access or use, any portion of the Protected Services other than with (i) a commercial browser (such as Chrome, Internet Explorer or Mozilla Firefox), or (ii) an application made for mobile or handheld device(s) that is developed and distributed by us; and
- You will not access or use, or attempt to access or use, a Protected Service without validly-issued active Credentials.
- We reserve the right to suspend or terminate your access to any Protected Service at any time, with or without cause or notice. We shall not be liable to you in any way if we suspend or terminate your access to a Protected Service or our Services.
1.3 Additional Safeguards
To further protect the confidentiality, integrity and availability of the information housed and shared on our Services, as well as the stability of our Services, you agree to the following additional safeguards. Accordingly, you agree that you will not, nor will you attempt to:
- access, use or disseminate our Services, nor any information or files accessible via our Services, in a manner that violates any applicable law or regulation or the rights of any individual or entity;
- sell or transfer any information included in our Services or use such information to market any product or service — including by sending, or facilitating the sending of, unsolicited emails or SPAM;
- probe, scan or test the vulnerability of our Services, or of the system or network supporting our Services, or circumvent any security or authentication measures;
- disable, bypass, defeat, avoid, remove, deactivate or otherwise circumvent any technical measures we have implemented to safeguard the stability of our Services, or the confidentiality, integrity or availability of any information, content or data hosted or housed on our Services;
- introduce to our Services any software, code or other device that in any way (i) permits unauthorized access to our systems or any software, hardware, files or data located thereon, (ii) disables or damages or otherwise interferes with or adversely affects the operation of our systems or any software, hardware, files or data located thereon, or (iii) overburdens or interferes with the proper functioning of our Services;
- disassemble, decompile or reverse engineer our Services;
- harvest, retrieve, index or publish any portion of our Services unless you are a Public Search Engine engaging in Public Search Services;
- remove any copyright, trademark or other proprietary rights notices contained in or on our Services; or
- engage in any activity other than those expressly permitted in these Terms and your Subscription Agreement(s).
1.4 Use of the Services by and on behalf of Minors
You are not eligible to use our Services (including obtaining a Credential or entering into a Subscription Agreement) unless you are at least 13 years old and otherwise have the legal capacity to enter into a binding contract in your jurisdiction. If you are an unemancipated minor over the age of 13, you may only use our Services if such use has been approved of by your parent or legal guardian, you use our Services under his or her supervision, and he or she has agreed to these Terms (and, if applicable, your Subscription Agreement) on your behalf.
If you are the parent or guardian of an unemancipated minor, you may use the Services and enter into a Subscription Agreement on behalf of such minor. By doing so, you represent and warrant that you have the legal capacity to act on behalf of such minor; and you acknowledge and agree, in such capacity, that all provisions of these Terms (and Subscription Agreement, if applicable) that applicable to you are equally applicable to such minor.
Under no circumstances may our Services be used by a child under 13 years old.
1.5 United States Only
Access to our Services is administered in the United States (“US”) and is intended for users in the US. You may not use our Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful.
2. Nature of the Content Appearing on our Services
Our Services may include text, data, graphics, images, video or other content (collectively, “Content”) created by us or third parties, including other users, professionals, partners, sponsors, consumers and governmental agencies. The Content is provided for general informational purposes, but should not be relied upon for personal, professional, medical or regulatory decisions. And we cannot ensure the completeness, timeliness or accuracy of the Content.
2.2 Blog Posts; Ratings; Surveys; Comments; User-Submitted Content
Our Services allow you to access blogs, chat and messaging services, surveys and other forums where various users can share information, opinions, chats and other Content. We generally do not pre-screen or monitor user-submitted Content, and such Content may simply represent a user’s opinion or Content a user finds interesting.
2.3 Links to Other Sites
Our Services may contain hyperlinks to websites operated by third parties, or to materials or information made available by third parties. Such links do not constitute or imply our endorsement of such third parties, or of the content of their sites, or the suitability, efficacy, safety or quality of their products or services, or the information privacy or security practices of their websites.
2.4 No Medical Advice
Some Content may include health- or medical-related information. Such Content is provided for general informational purposes only. We do not directly or indirectly practice medicine, render medical advice, or dispense medical services via our Services or otherwise, and nothing contained in our Services should be intended to be a medical diagnosis or treatment. No medical professional/patient relationship is created by your use of our Services or the Content. Always seek the advice of your physician or other qualified health professional with any questions you may have regarding a medical condition, and never disregard professional medical advice or delay seeking treatment based on any Content or other information included in the Services. If you think you may have a medical emergency, call your healthcare professional or your local emergency number (usually 911) immediately.
2.5 No Legal or Regulatory Advice
Some Content may include regulatory related information pertaining to you or your business. Such Content is provided for informational purposes only. We are not providing legal or regulatory advice and no attorney/client relationship is created by your use of our Services or the Content. Accordingly, always seek the advice of your attorney or advisors with any questions you may have regarding a law, regulation, or dispute.
3. Your Interactions and Communications with Us and Our Services
3.1 Visiting Our Websites; Signing-Up for Our Services; Emailing Us
As part of providing our Services to you, we may need to provide you with certain communications, such as service announcements and administrative messages. Such communication may be by email, instant message, a posting on our Services or some other mechanism. You consent to receive such communications from us electronically. If you have registered for one or more of the Protected Services, our Service announcements and administrative messages we provide you are considered part of the Protected Services themselves, which you may not be able to opt-out from receiving until you cease using, or deactivate your Credentials to, such Protected Services.
You agree that all agreements, notices, authorizations, disclosures and other communications that we provide to you electronically, as well as any acceptances, agreements, consents or authorizations that you provide to us electronically, satisfy any and all legal requirement(s) that such communications be in writing.
3.2 Your Participation in Our Public Forums
We may offer one or more forums for the exchange of information among our users. You acknowledge that any text, data, graphics, images, video or other content (“Content”) that you submit in any of our forums (including discussion groups, blogs, surveys, ratings, comment forms, or message boards, collectively, “Public Forums”) is available to the public. Notwithstanding the foregoing, we are under no obligation to display any of your Content that you submit, and we reserve the right to remove or edit your Content at any time, for any or no reason.
It is important that you act responsibly when submitting Content to a Public Forum. You acknowledge that any Content that you submit in a Public Forum is available to the public. You are solely responsible for any Content that you post on the Public Forums or transmit to other users of our Services. You acknowledge that any information you post in a Public Forum may be available to the public, and may result in your receiving communications from others outside our Services.
Your participation in our Public Forums is contingent on your acknowledgment and agreement with the following:
You will only disclose information about yourself on a Public Forum that you consider suitable for public disclosure. Do not disclose information that personally identifies you unless you intend for that information to be disclosed publicly. We strongly recommend that you refrain from disclosing any sensitive information about yourself on a Public Forum, including information about any medical condition.
You will not violate the privacy rights of others, including disclosing information about anyone else’s medical or financial condition or any other sensitive subjects.
You will ensure that any Content that you submit to Public Forums is accurate.
You will not post any Content that you do not have the right to post; you will not violate any person’s or entity’s intellectual property or proprietary rights, including copyrights, trademarks or trade secret rights.
We will not be liable to you for any Content you submit to any Public Forum.
3.3 Community Standards
Without limiting the generality of the foregoing, when you use any of our Services (including the Public Forums), you will adhere to the following “Community Standards”:
- You will not threaten, harass, defame, disparage, menace, stalk or abuse any user, individual or entity.
- You will not use any language that is racist, sexist or degrading to any religion, ethnicity, sexual orientation, gender or nationality.
- You will not engage in, or advocate engaging in, any fraudulent, violent or other illegal conduct.
- You will not submit pornographic, obscene or sexually suggestive Content.
- You will not impersonate any person or entity, including any of our employees. You will only submit Content that you believe to be true and you will not purposely provide false or misleading information.
- You will not submit any unauthorized or unsolicited advertising, including website links not authorized by Strive Labs, Inc.
- You will not submit spam or mass-emails to any of our Services nor any other user or any individual or entity identified on our Services.
- You may not state or imply that any product, service, individual, or entity is sponsored or endorsed by Strive Labs, Inc.
- You will not infringe, misappropriate or otherwise violate any copyright, trademark or other proprietary right of any individual or entity.
3.4 Removal of Content
You understand and agree that we may, but are not obligated to, monitor, edit or remove any Content for any or no reason at any time. We are not responsible, however, for any delay or failure in removing any Content.
3.5 Reporting Violations
We may provide you with tools with which to report violations of the Community Standards or other provisions of these Terms. Notwithstanding the availability of such tools, you acknowledge and agree that we are under no obligation to take any action with respect to any such report.
3.6 Copyright Policy
We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information:
- A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner, if someone other than you, of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner; and
- Your contact information, including your address, telephone number, and email address.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Strive Labs, Inc. will also terminate a user’s account if the user is determined to be a repeat infringer.
Our designated copyright agent for notice of alleged copyright infringement is:
Strive Labs, Inc.
Attention: Privacy Officer
177 Tremont Street, 3rd Floor,
Boston, MA 02111
Except for your Content, as between you and us, all right, title and interest in and to our Services, the Content, and the structure, organization and arrangement thereof, are and remain the exclusive property of us and our licensors. Except for the limited specific rights we grant you above, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, exploit or otherwise use our Services or any Content.
We reserve the right to monitor any and all use of our Services, and investigate any activity we suspect violates these Terms, a Subscription Agreement, our rights or interest, or the rights or interests of any person or entity.
We reserve the right, to the fullest extent permitted under law, to cooperate with any governmental authority or third party investigating conduct that may be illegal or harm any individual or entity or violates their respective rights. If, for example, a user threatens to physically harm another user or any other individual, we reserve the right to fully cooperate with law enforcement authorities and the threatened individual. You hereby consent to our cooperation in such investigation.
You will indemnify, defend and hold harmless Strive Labs, Inc. and any of its affiliates, officers, directors, employees, agents, representatives, partners and licensors from and against any and all claims, actions, proceedings, suits, liabilities, damages, settlements, penalties, fines, losses, or expenses, including attorneys’ fees, costs and disbursements, arising out of or in any way connected with your use of our Services.
4.4 Disputes; Governing Law; Jurisdiction
The interpretation of these Terms and the resolution of any disputes arising under these Terms shall be governed by the laws of the State of Massachusetts, without regard to its conflict of laws provisions. These Terms shall not be governed by the United Nations Convention on Contract for the International Sale of Goods, the application of which is expressly disclaimed. If any action or other proceeding is brought on or in connection with these Terms, you agree to submit to the personal jurisdiction of the state and federal courts located in the City of Boston, Suffolk County, in the State of Massachusetts, and agree not to bring any of action relating to the use of our Services or to these of these Terms in any court in any jurisdiction other than the state or federal courts located in Suffolk County, State of Massachusetts. We shall have the right to commence and prosecute any legal or equitable action or proceeding before any US or non-US court of competent jurisdiction to enforce these Terms or to protect our or any third party’s rights in our Services or any data, information or other content made available via our Services. You hereby waive any right to a jury trial. You also agree that we may bring suit in court to enjoin any violation of these Terms without the posting of a bond or security, in addition to whatever remedies we might have at law. In any dispute between you and us where we prevail, we shall be entitled to recover our reasonable attorney fees, court costs, disbursements, and other legal expenses.
You agree and acknowledge that we may suspend or terminate your authorization to access any of our Services, with or without notice or cause, for any or no reason, and without any liability to you. Sections 4.1 through 4.14 shall survive any termination or expiration of these Terms.
4.6 Disclaimers and Limitations on Liability
ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREON IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WE HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR WITHOUT BREACHES OF SECURITY AND YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE ON OUR SERVICES OR THE INFORMATION IN OUR SERVICES, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. WE EXPRESSLY DISCLAIM ANY LIABILITY WITH RESPECT TO ANY INJURY CAUSED BY ANY USER, OR ANY DAMAGE SUFFERED BY ANY USER, AS A RESULT OF THE ACTIONS OR INACTIONS OF ANY OTHER USER. IF YOU ARE DISSATISFIED WITH OUR SERVICES OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING AND ACCESSING OUR SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO IN THESE JURISDICTIONS THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO THE USER.
4.7 Risks You Assume
WITHOUT LIMITING ANY OF THE OTHER RISKS WE HAVE DISCLOSED TO YOU IN THESE TERMS, YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF OUR SERVICES, INCLUDING ANY CONTENT YOU SUBMIT TO USE AND YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE AND ACCESS TO OUR SERVICES AND THE INFORMATION AND CONTENT CONTAINED THEREIN, AND ANY SITES LINKED THROUGH OUR SERVICES AND ANY DATA TRANSMITTED THROUGH OUR SERVICES IS AT YOUR SOLE RISK. ACCORDINGLY, WE DO NOT ASSUME ANY LIABILITY TO YOU FOR OR RELATING TO ANY OF YOUR ACTIONS, INCLUDING THE PUBLICATION OF ANY CONTENT YOU SUBMIT OR OUR EXERCISE OF THE RIGHTS YOU GRANT TO US WITH RESPECT THERETO.
4.8 Limitation of Liability
IN NO EVENT SHALL WE OR ANY OF OUR SUBSIDIARIES OR AFFILIATES, OR OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “STRIVE LABS ENTITIES”) BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR REVENUES, LOSS OF USE, LOSS OF GOODWILL OR LOSS OF INFORMATION, HOWEVER CAUSED AND WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER THEORY OF LIABILITY, EVEN IF WE HAVE BEEN APPRISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING IN THESE TERMS TO THE CONTRARY, OUR AGGREGATE LIABILITY IN RESPECT OF ANY CLAIM OR ACTION YOU MAY BRING AGAINST US OR ANY OF THE STRIVE LABS ENTITIES, REGARDLESS OF FORM OF ACTION OR THEORY OF LIABILITY, SHALL BE LIMITED TO THE GREATER OF (1) ONE HUNDRED UNITED STATES DOLLARS (US $100), AND (2) THE AGGREGATE FEES ACTUALLY PAID BY YOU TO US FOR THE SIX (6) MONTH PERIOD PRECEDING THE EVENT FIRST GIVING RISE TO SUCH CLAIM OR ACTION. YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW WHICH STATES (OR HAS SIMILAR PROVISIONS TO),
If any provision of these Terms is held to be deemed invalid or unenforceable, then (a) that provision shall be construed to the extent necessary to make it valid and enforceable in such a manner as comes closest to preserving the intentions of such provision, and (b) the remaining provisions shall remain in full force and effect.
4.10 No Waiver
Our failure at any time to require performance by you of any provision of these Terms shall in no way affect our right to enforce such provision, nor shall the waiver of any breach by you of any provision herein constitute a waiver of any succeeding breach or the provision itself.
For the purpose of these Terms, “you” means the individual user of our Services. If your access or use of our Services is, directly or indirectly, on behalf of one or more third parties (such as, without limitation, your employer or client, or your employer’s client, if your employer has been engaged to access our Services (any such employer, client or other third party, a “Principal”)), then “you” also refers to such Principal. If you are using our Services on behalf of a Principal, (a) you represent and warrant that you have the authority to bind, and have bound, such Principal to these Terms; and (b) you agree to be jointly and severally liable for any breach of these Terms by Principal.
“Strive Labs,” “we,” and “us” means, collectively, Strive Labs, Inc. and our current and future subsidiaries and affiliates. In addition, the words “include,” “includes” and “including” shall be deemed to be followed by the phrase “without limitation.” The word “will” shall be construed to have the same meaning and effect as the word “shall.” The word “or” shall be construed to have the same meaning and effect as “and/or.” The words “herein,” “hereof” and “hereunder,” and words of similar import, shall be construed to refer to these Terms. The headings used in these Terms are used for convenience only and are not to be considered in construing or interpreting these Terms.
These Terms, together with your Subscription Agreement(s), constitute the entire agreement between you and Strive Labs, Inc. regarding any services accessed via our Services, and supersede all previous communications, representations, or understandings, either oral or written, relating to the subject matter hereof; provided, however, (a) in the event of an express conflict between any specific provision included in these Terms and an express provision in a Subscription Agreement, the provision set forth in Subscription Agreement shall prevail, and (b) these Terms shall cover all rights, obligations, terms and conditions not expressly addressed in such Subscription Agreement.
4.12 Electronic Contracting
Your use of our Services includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THE SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
We may update or change our Services or the provisions set forth in these Terms from time to time and recommend that you review these Terms on a regular basis. You understand and agree that your continued use of our Services after these Terms have been updated or changed constitutes your acceptance of the revised Terms. Without limiting the foregoing, if we make a change to these Terms that materially affects your use of the Services, we may post notice or notify you via email or our website(s) of any such change. The most current version of the Terms shall govern and supersede all previous versions.
Last Updated: September 25, 2017
2. Information Collected by our Services
Information You Submit:
When you use our Service, you can submit information by:
- Typing-in data (such as when you register for our Services, or type a message to send to us or another user, or type a search request, or complete an optional form).
- Uploading a document, image or other data file.
Engagement Tools and Data:
Our Service also gathers information whenever you visit, log in or otherwise interact with them. As with other websites and interactive services, whenever you interact with our Service, your computer, mobile phone or tablet (a “Device”) and its software transmits a “request” to us. That request includes non-personal information received from your Device (and its software) necessary for us to identify and appropriately route the information your Device is requesting. These “requests” and “replies” are the backbone of all websites and Internet services. Therefore, whenever you:
- Visit and navigate through our Services
- Click on a link
- Open a webpage or web form
- Open a web-enabled email sent by us
- Send a message via our interactive chat or instant message feature
Otherwise take an action or interact with elements of our Services or its pages, content or features your Device and its software are sending non-personal information to us.
In addition to managing the appropriate routing of information, we use so-called “cookies,” “web beacons,” “server logs” and other Engagement Tools to enhance the quality of the service and content you receive. For example, we use Engagement Tools to:
- Save user preferences;
- Preserve session settings and activity;
- Help authenticate users;
- Allow users to auto-fill sign-in pages of websites they frequently visit; and
- Analyze the performance of our Services and its various features and content.
Therefore, even if you do not register with us or submit any personal information on our Services, our Engagement Tools automatically receive information about your Device and the software running on it. We call such data “Engagement Data.”
Engagement Data often includes elements such as the date and time a “request” is made, the model of the Device making the “request,” the type and version of operating system running on a Device (e.g., Mac OS or Microsoft Windows), the browser making the request (e.g., Internet Explorer, Chrome or Firefox), routing information, IP address, the Device’s geographic location, search terms a user enters, what URL a Device most recently visited, and, if a mobile application is used, an anonymous unique number. Engagement Data generally does not personally identify a Device’s user. However, it can be combined with personal information. If so, we treat such combined information the same way we treat personal information. Additionally, in the event that our Engagement Tools collect data elements that contain personal information, we treat those data elements as personal information.
You have the ability to control how certain Engagement Tools operate by modifying the settings on your Device or its software. Most browsers, for example, allow you to refuse accepting cookies, and many mobile Devices allow you to disable the sending of location information. In some cases, doing these things could diminish the performance of our Services or render them inoperable. To learn more about Engagement Tools and how we use Engagement Data please see our Engagement Tools sections below entitled “Engagement Tools” and “How Information is Used.”
Third Party Tools:
We work with certain third parties who deploy their own engagement tools on our Services. In some instances they do so exclusively on our behalf. In other instances, they may retain and use the data they collect pursuant to publicly available privacy policies. These Third Party Tools are frequently deployed by companies providing online advertising services or analytics, but they may be deployed in other contexts as well, such as social media plug-ins. We treat personal and non-personal information that we receive from these Third Party Tools the same way we treat personal and non-personal information that we directly collect from our Services. We, however, do not control how these third parties manage the information they gather. Please see the section below entitled “Third Party Services” for more information.
Personal and Non-Personal Information: Information you submit to us that identifies you or can be used to contact you (e.g., email or mailing address) is your “personal information.” This includes identifiers that a governmental authority, financial institution or insurance carrier may use to uniquely identify you (e.g., a Social Security, credit card or ACH account number). When we combine non-personal information with personal information, or non-personal information with other non-personal information in a way that renders the combined information personal information, we treat that combined information the same way we treat personal information. When we combine personal information with information from third party sources, we also treat that combined information the same way we treat personal information.
3. Engagement Tools:
Our Services use engagement tools described below to deliver and enhance the quality of the services and content you receive. This information is intended to help you understand more about these tools and how they are used.
We may automatically collect and store certain information in server logs when you attempt to access or use our Services. These server logs will typically include the following information:
- Date and time your Device accesses our Services
- URL of services your Device is requesting and the referring web pages
- Internet Protocol addresses, domain servers and mobile carriers your Device is connecting through
- Your Device type and operating system
- Browser type (if your Device is accessing our Services via web browser) or application identifier (if access is through our mobile application)
- Identity of cookies (discussed below) we may have placed on your Device
- Device GPS location (if this function is enabled on your Device) and
- Event and routing information.
We may collect and store information (including personal information) locally on your Device using mechanisms such as browser web storage (including HTML5) and application data caches.
Cookies may also be sent to your Device to collect information. A “cookie” is a small data file sent from a website and stored on your hard drive to identify your computer and allow for an enhanced personalized user experience based on your previous activity on the website. Several types of cookies are used to store and record this information:
A “session cookie” enables us to recognize you during a particular use of our Services. Session cookies are temporary and expire after a short time after your use or when you close your web browser.
A “persistent cookie” is used to help us remember your information and settings when you use our Services resulting in an enhanced user experience. When you first log on to your account, our Services will be presented in a default mode. During your visit, you may select certain preferences that may be remembered and stored through the use of persistent cookies. These preferences will then be remembered the next time you log on to your account.
A “flash cookie” is used when our Services utilize Adobe Flash Player (all versions) and Macromedia’s Flash Player (version 6 and above). Like other types of cookies, flash cookies work to store information for a better user experience. However, flash cookies differ in that they are saved in a different location on your hard drive. To manage your flash cookie settings, please visit the Macromedia Website Privacy Settings panel located at: www.macromedia.com.
Although most web browsers automatically accept cookies, you may opt-out on receiving these cookies by configuring your web browser so as to not accept them or to announce when a cookie is being placed. Should you decline the placement of a cookie on your hard drive, please be aware that you may not be able to utilize or access some of our Services. If you are using different web browsers or devices, you may choose to have different preferences for each of them.
An “anonymous identifier” is a random string of characters that may be used to store and collect information and it works similarly to cookies. Anonymous identifiers may be used for certain mobile devices where cookie technology is not available.
Pixel Tag (also known as “Gif” or “Web Beacon”):
A “pixel tag” is an invisible tag placed on pages throughout our Services; this tag is not placed on your computer. If you visit one of these tagged pages, the pixel tag will generate a generic notice of your visit to that particular page. A pixel tag may also be placed within the body of an email to track when an email has been opened or accessed.
Local Data Cache and Auto-Fill:
Your Device may be configured to store data locally in your web browser or application data caches. This enables your Device to quickly access our Services by auto-filling user-IDs and passwords during log-in, and reducing the delivery of data or image files that have already been delivered to the device. You can set your web browser to refuse allowing us to do this. However, it would likely impact how quickly and efficiently you can access our Services.
Through Your Mobile or Tablet Device:
We also offer applications for your mobile or tablet Device. You are required to download and install the application on to your hardware. When you use the application, we will collect your Device information and a unique identifier for the purpose of providing you with the most up to date application and features. If you use our Services through our application component, we will track your actual location, by using GPS signals sent by your Device or by using sensor data from your Device. We will not share this information with third parties for any purpose and will only use this information for the sole purpose of fulfilling your request. If you desire to no longer allow our application to use your location, you must turn this off on your Device.
4. How Information is Used
We use personal and non-personal information (including Engagement Data) for the following purposes:
- Operating, maintaining, managing and administering our Services, including processing registrations and payments, and providing customer support;
- Responding to questions and communications, which we retain in the ordinary course of business;
- Administrative announcements about features, functionality, terms or other aspects of our Services; and, if applicable, informing you about offers for services or products we believe may be of interest (for further information, see also “Service Emails and other Communications” below);
- Safeguarding and protecting our Services, the information they safeguard, the rights of third parties and in response to legal process, in each case, as more fully described below in “The Importance of Protecting our Services and the Information they Safeguard;” and
- Any other purpose described in this Policy or your Subscription Agreement.
We use non-personal information for the following purposes:
- Auditing, research, measurement and analysis in order to maintain, administer, enhance and protect our Services, including analyzing usage trends and patterns and measuring the effectiveness of content, advertising, features or services;
- Creating new features and services;
- Health and medical research; public health and service activities; healthcare- and medical-related services; and
- Other purposes described in this Policy or your Subscription Agreement.
We may also use non-personal information to prepare aggregate reports for current or future advertisers, sponsors or other partners to show trends about the general use of our Services. Such reports may include age, gender, geographic, demographic or other general user information, but do not include personal information.
5. Consents and Authorizations:
From time to time, we may request your consent or authorization (your “consent”) in connection with the use or sharing of your information. In some instances, this will be because your Subscription Agreement, this Policy or applicable law or regulations requires us to obtain such consent. In other instances, such consent will be for informational purposes. In the latter case, the request to obtain your consent should not be interpreted as narrowing the scope or applicability of your Subscription Agreement or this Policy – by entering into your Subscription Agreement or using the applicable Services, you have accepted and agreed to our information handling practices in the manner described in your Subscription Agreement and this Policy.
In cases where you consent or “opt-in” to the use or sharing of your personal information in a manner that is not otherwise provided for in your Subscription Agreement or this Policy, unless otherwise explicitly stated in such consent, you will have the ability to rescind your consent and “opt-out” of our use or sharing of such information in the future. In that event, we will refrain from our use or sharing of such information, but we may not be able to require the removal of such information from the databases of the recipients with whom such information has been shared.
6. How our Services Allow Users to Share Information:
Our Services can be used to facilitate one-on-one communications between both Healthcare Provider and Patient users.
In any one-on-one communication, users are sending information to one another. Depending on the message, this could include contact and other personal information. See also “Service Emails and other Communication” below.
You should be aware that this Policy covers only the information you submit through our Services. If you contact or exchange information with another user in person or through a means other than our Services, such activity is not covered by this Policy.
Confidentiality of Health Information:
Some of our users – such as healthcare providers – are subject to laws and regulations governing the use and disclosure of health information they create or receive. Included among them is the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Health Information Technology for Economic and Clinical Health of 2009 (“HITECH”), and the regulations adopted thereunder. When we store, process or transmit “individually identifiable health information” (as such term is defined by HIPAA) on behalf of a health care provider who has entered a Healthcare Provider Subscription Agreement, we do so as its “business associate” (as also defined by HIPAA). Under this agreement, we are prohibited from, among other things, using individually identifiable health information in a manner that the provider itself may not. We are also required to, among other things, apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information we store and process on behalf of such providers. To see our Healthcare Provider Subscription Agreement, and to specifically review our business associate obligations, please review Sections 7 of that agreement. We are also subject to laws and regulations governing the use and information of certain personal and health information, including HIPAA, when we operate as a business associate of a healthcare provider.
Service Emails and other Communications:
Our Services allow users to communicate with others through our in-product messaging services. Communications that are sent by or on behalf of a user are indicated as being “From” that user. Communications that are sent by us are indicated as being from us or one of our account or support specialists assigned to assist you. Either type of communications may be “real time” communications or communications triggered automatically upon the occurrence of certain events or dates.
Email communications received from users and our administrative announcements are often transactional or relationship messages, such as workout reminders and message notifications, or other service notifications. You may not be able to opt out of receiving certain messages, although our Services may provide a means to modify the frequency of receiving them. In cases in which we believe user emails are not primarily transactional or relationship messages, it will include the capability to opt-out of receiving further e-mails. If you sign-up to receive marketing or informational announcements from us, such emails will include capability to opt-out of receiving such e-mails in the future.
Emails and other communications from individuals who are not users of our Services, or that are being sent in connection with business, agreements or subject matter other than your Subscription Agreement or your use of our Services, are not covered by this Policy. If, for example, you contact us regarding a job opening, that communication to us is not covered by this Policy even though that job opening may have been posted on our Services. Likewise, if you submit to us any ideas, suggestions or proposals (collectively, “Suggestions”) relating to our Services or other products or services by any means – such as through “Contact Us,” by email or other communication channels, one of our communities or user forums, or to our customer support or other personnel – such Suggestions are not governed by this Policy.
7. Sharing of Information
We will not share personal information you submit except under the following circumstances:
- When you choose to share such information through our Services. Under certain circumstances this may require a specialized consent before our Services complete certain such transmissions;
- When you are otherwise notified at the time we collect such information or we otherwise have your express consent;
- When your account has been issued by an account administrator with administrative rights over your account, your account administrator will have access to your account information, including your personal information. Your account administrator may: (i) receive and retain your account information (ii) suspend or terminate your account access, or (iii) access or retain information you submit or otherwise stored as part of your account for any purposes required or permitted under applicable law;
- When we share such information with our current and future affiliates;
- When we share such information with trusted service providers operating on our behalf consistent with the terms of this Policy and your Subscription Agreement. Such service providers shall be bound by appropriate confidentiality and security obligations, which may include, as applicable, business associate contract obligations. We will not sell, rent or trade your personal information with any third parties for their promotional or marketing purposes;
- When we protect our Services, the information they safeguard, the rights of third parties and in response to legal process, as more fully described below in “The Importance of Protecting our Services and the Information they Safeguard;”
- In connection with a sale, merger, transfer, exchange, reorganization or other disposition (whether of assets, stock, or otherwise) of all or a portion of the business conducted by the services to which this Privacy applies. If such a transaction occurs, the acquiring company’s use of your personal information will remain subject to this Policy; and
- Any other purposes described in this Policy or your Subscription Agreement.
- It is important for you to understand that other users who submit to, or receive from, our Services personal information about you, may share that information with other persons, even without separately notifying you or seeking your consent.
8. The Importance of Protecting our Services and the Information they Safeguard:
Many of our Services are protected by technical measures intended to safeguard the confidentiality, integrity and accessibility of sensitive information our users store and share on our Services. Further, certain regulations require us to investigate potential or suspected threats on our Services or the confidentiality, integrity or availability of the information they safeguard. Accordingly, we may preserve, use and disclose information – including personal and non-personal information – when we have a good faith belief it is necessary or advisable to:
- We may also preserve, use and disclose such information in response to a search warrant, court order, subpoena, judicial proceeding or other legal process if we have a good faith belief that the law requires us to do so. Such legal process may prohibit us from notifying the users or other individuals or entities identified by such information or take such other actions as would otherwise be a violation of your Subscription Agreement or this Policy. When we preserve information pursuant to this section, it may be for extended periods of time, as we in good faith believe are necessary or appropriate under the circumstances, and may include the preservation of information from accounts that have been disabled.
The security of our Services and the information they store, process and transmit is a top priority. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of the information we collect, we deploy a wide range of technical, physical and administrative safeguards, including: Secure Socket Layer (SSL) encryption, firewalls, system alerts and other information system security technologies; housing health data in secure facilities that restrict physical and network access; and regular evaluation and enhancement of our information technology systems, facilities, and information collection, storage and processing practices. Under our Healthcare Provider Subscription Agreement and applicable law, we are required to apply reasonable and appropriate measures to safeguard the confidentiality, integrity and availability of individually identifiable health information (as such term is defined by HIPAA) residing on and processed by our Services. It is important to remember, however, that no system can guarantee 100% security at all times. Accordingly, we cannot guarantee the security of information stored on or transmitted to or from our Services.
Steps You Can Take:
If we learn of a security vulnerability or risk, we may attempt to notify you and provide information on protective measures you may take. There are, however, some precautions that you can proactively take to improve your system security and reduce the likelihood of unintended disclosure of personal information:
- Install malware detection programs that regularly scan your system and incoming traffic for malicious code – such as computer viruses, worms, Trojan Horses and spyware. Because viruses and malware are continuously created and modified, regular malware protection software typically requires frequent updates.
- Use a firewall to prevent unauthorized access to your Device.
- Because malware often targets vulnerabilities in existing operating systems, browsers, plug-ins and other programs, software vendors frequently update their products with security patches to guard against known or commonly exploited vulnerabilities. Vendors often try to alert their users and recommend immediate installation of these security patches.
- Use a strong password using a combination of letters and numbers that are not easily guessed. Do not share your password with others.
- If you use a shared Device, always close all active programs and log out before leaving it unattended.
- Avoid using a public wireless network, if possible. If you do use a public network, use the most restrictive wireless network settings on your Device.
- If you use file-sharing programs, be sure to restrict all other folders or directories to “no share.”
- Be very cautious with any email requesting you to share personal information. On websites, look for the lock symbol on or near your browser’s address bar which signifies a secure website before supplying personal information.
- When participating in one of our communities, blogs, forums, surveys or other open communication platforms, exercise care in selecting what information you share, particularly personal or health information.
10. Children under 13
Our Services are not intended for or designed to attract children under the age of 13, and we do not knowingly collect personal information from such children. If we learn that we have inadvertently obtained personal information from a child under the age of 13, we will delete that information as soon as practicable. If you become aware that your child has provided us with personal information without your consent, please contact us immediately at the contact information below. Should this policy change, we would comply with the Children’s Online Privacy Protection Act, which requires us to notify and obtain consent from a parent or guardian before we collect, use and disclose the personal information of children who are under 13 years of age.
Without limiting the generality of the foregoing, our Services do allow users above the age of 18 years old – such as healthcare providers, parents and guardians – to submit personal information about others, including minors. Such users assume full responsibility over their submission, use and transmission of such information.
11. United States Only
Access to our Services is administered in the United States (“US”) and are intended for users in the US. You may not use our Services in any jurisdiction where offering, accessing or using our Services would be illegal or unlawful. If you are located outside of the United States, please note that the information you submit to us will be transferred to the US. By using our Services, you consent to this transfer. You also consent to the transfer to and processing of any personal information by us or any of the other parties described in the section “Sharing of Information” above, whether located in the US or any other countries, for the purposes described in this Policy, or for any other specific purposes to which you consent. If you are located in a country other than the US, you should note that, at present, the laws of the US and certain other countries have not been approved by the European Commission or privacy authorities in certain other countries as providing “adequate protection” for personal information within the meaning of the European Union Data Protection Directive or applicable laws of other countries.
12. Third Party Services
This Policy applies only to our Services. It does not apply to services offered by third parties, including websites and other online services that our Services may display links to or advertisements for. When you click on such links or advertisements, you will be visiting websites or interactive services operated by third parties, who have their own information collection practices and may also collect information through the use of tracking tools, such as cookies, web beacons, server logs and the like. When you click on or interact with an ad appearing in our Services, the advertiser or sponsor may infer that you meet targeting criteria that they may have used in connection with the sponsoring such ad. This may lead to similar ads being targeted to you on our Services or elsewhere. We do not have control over how any third party gathers or uses information, so you should review their privacy policies to learn of their information gathering and handling practices.
Web Analytics Providers:
We use the following web analytics providers to create a better user experience on our Sites.
- Google Analytics
Online Survey/Form Tool:
We use the following online survey tool to collect feedback from our users related to our Sites and Services, as well as to improve the user experience. Participation in surveys that are sent out to users of our Services is voluntary.
- Survey Monkey
We use the following email analytics providers to ensure that our communications to you are received in your email inbox every time and to provide you with a more customized communication.
Other Third Party Tools:
We will use a variety of other third party tools that we may not fall into any of the above categories. The following are some other third party tools that may collect information from users.
- Google Maps
- YouTube, by Google
13. Changes to this Policy
We work hard to continuously improve and enhance our Services. Some of these improvements and enhancements may result in changes to this Policy. We will post such changes along with their effective date on this page, and if the changes are significant, we will provide a more prominent notice. Because our Policy can change at any time, we encourage you to reread it periodically to see if there have been any changes that affect you. If you disagree with any changes to this Policy and do not wish your information to be subject to the revised Policy, you will need to deactivate your account before the new Policy becomes effective. Your use of our Services following any such change constitutes your agreement that all information collected from or about you through our Services after the revised Policy is posted will be subject to the terms of the revised Policy.
14. Viewing, Updating and Deactivating Information
Our Services aim to provide you with access to the personal information you submit and the means to update it. This can be accomplished by logging into our Services or contacting us using the contact information below. Under certain circumstances, we may ask you to verify your identity before your request is processed. This will be done free of charge except where it would require a disproportionate effort. We may reject requests that are unreasonably repetitive, require disproportionate technical effort (for example, developing a new system or fundamentally changing an existing practice), risk the privacy of others, or would be extremely impractical (for instance, requests concerning information residing on backup tapes).
If you desire to deactivate your account please contact us using the contact information below. Upon your request, your account will be deactivated and your personal information and Records will be securely archived. We retain archived information for a period of five years (or longer if required by law) as necessary to comply with legal obligations, resolve disputes and enforce our agreements and other authorized uses under this Policy.
Please note that, unless you are an administrator who has administrative rights over another user’s account pursuant to a Healthcare Provider Subscription Agreement, you are not entitled to review the content of another user’s account. Accordingly, if you have used our Services to share personal information with another user or other party, you will not be able to access, update or delete that shared information pursuant to this Policy or your Subscription Agreement. Please also note that other users may submit personal information that identifies you. You will also not be able to access, update or delete that information pursuant to this Policy or your Subscription Agreement. In either case, certain users – such as healthcare providers – may be required under HIPAA and other applicable laws or regulations to retain such information for extended periods of time. This means that until our Subscription Agreement with such user(s) terminate(s), we will continue to retain such information on their behalf. HIPAA grants patients certain rights to access and correct certain health information their healthcare providers retain about them. Patients should submit requests to access or correct their health information directly to their healthcare providers.
You should also be aware that we store indefinitely non-personal information, including Engagement Data and de-identified health information, as well as all information that you have share on any of our public forums, blogs, communities, surveys and the like.
15. Contact Us
You may contact us at:
Strive Labs, Inc.
Attention: Privacy Officer
177 Tremont St, 3rd Floor,
Boston, MA 02111