Privacy Policy (archived)

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Effective as of February 23, 2019

We are committed to respecting your data privacy and providing transparency about our data practices. This Privacy Policy (this “Privacy Policy”) explains how Flo Health, Inc. (“Company” or “we” or “us”) collects, stores, uses, transfers and discloses Personal Data from our users (“you”) in connection with the Flo™ mobile application and related services (collectively, the “App”).

We reserve the right to and may change this Privacy Policy from time to time. If we make any material changes, we will notify you by email (sent to the email address specified when you register), through the App, or by presenting you with a new version of this Privacy Policy for you to accept, if we, for example, add new processing activities or collect some additional Personal Data from you.

Your continued use of the App after the effective date of an updated version of the Privacy Policy will indicate your acceptance of the Privacy Policy as modified. In some cases, you will have to explicitly accept changes to Privacy Policy to continue using the App. We encourage you to periodically review our website and the App for the latest information on our data privacy practices. If you do not accept the terms of the Privacy Policy, we ask that you do not use the App. Please exit the App immediately if you do not agree to the terms of this Privacy Policy. 

Personal data you provide to us 

When you sign up to use the App, we may collect Personal Data about you such as:

1. Full name;
2. Email address;
3. Gender;
4. Date of birth;
5. Password;
6. Place of residence;
7. ID (for the purposes stipulated in Section 2 and Section 3 of this Privacy Policy).

When you use the App, you may choose to provide personal information about your health such as: 

1. Weight;
2. Body temperature;
3. Menstrual cycle dates;
4. Symptoms related to your menstrual cycle;
5. Location information;
6. Other information about your health and activities (collectively, “Personal data”).

You will also have an option to permit us to import into the App data from third-party services such as Apple HealthKit and Google Fit, among others. Such imported information may include: sports activities, weight, calories burnt, heartbeat rate, number of steps/distance travelled, and other information about your health.

Permitting us to access third party information can help you to maximize your App experience, and we will handle any such third-party information in full accordance with this Privacy Policy. 

Information we collect automatically

When you access or use the App, we may automatically collect the following information:

1. Device Information: We collect information about the mobile device you use to access the App, including the hardware model, operating system and version, unique device identifiers and mobile network information. 
2. Location Information: We collect your IP address, time zone, and information about your mobile service provider, which allows us to infer your general location.
3. Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information about your use of the App, such as frequency of use, which areas and features of our App you visit and your use patterns generally, engagement tracking with particular features, etc. To collect this information, we may send cookies to your mobile device or computer. Cookies are small data files stored on your hard drive or in device memory. 

If the information covered by this Section is aggregated or de-identified so it is no longer reasonably associated with an identified or identifiable natural person, we may use it for any business purpose. To the extent information covered by this Section is associated with an identified or identifiable natural person and is protected as personal data under applicable data protection laws, it is referred to in this Privacy Policy as “Personal Data”. We use pseudonymization for particular types of Personal Data. Please bear in mind that provisions of Section 3 do not apply to pseudonymized Personal Data. 

YOUR CONSENT. By creating a profile in the App, you explicitly consent that: 

I. WE MAY STORE AND PROCESS YOUR PERSONAL DATA YOU PROVIDE THROUGH THE USAGE OF THE APP AND THROUGH THE ACCOUNT CREATION PROCESS SOLELY FOR THE PURPOSE OF PROVIDING SERVICES TO YOU, TO IMPROVE OUR SERVICE FEATURES AND OTHER PURPOSES INDICATED IN SECTION 2 OF THIS PRIVACY POLICY. SUCH SERVICES MAY INCLUDE SENDING YOU INFORMATION AND REMINDERS THROUGH THE APP OR TO THE EMAIL ADDRESS YOU PROVIDED TO US. 

II. PERSONAL DATA YOU PROVIDE TO US THROUGH THE ACCOUNT CREATION PROCESS INCLUDES PERSONAL DATA YOU ENTER INTO THE APP, SUCH AS YOUR ACCOUNT DATA (E.G. YOUR NAME AND EMAIL ADDRESS), AND YOUR HEALTH DATA (E.G. BODY MEASUREMENTS, PHYSICAL ACTIVITY AND OTHERS). DEPENDING ON THE DATA YOU PROVIDE, IT MAY ALSO CONTAIN INFORMATION ABOUT YOUR GENERAL HEALTH (E.G. WEIGHT, BODY TEMPERATURE, AND OTHERS). 

III. WE WILL NOT TRANSMIT ANY OF YOUR PERSONAL DATA TO THIRD PARTIES, EXCEPT IF IT IS REQUIRED TO PROVIDE THE SERVICE TO YOU (E.G. TECHNICAL SERVICE PROVIDERS), UNLESS WE HAVE ASKED FOR YOUR EXPLICIT CONSENT. 

We may use your information, including your Personal Data, for the following purposes:  

1. to analyze, operate, maintain and improve the App, to add new features and services to the App;
2. to customize content you see when you use the App;
3. to provide and deliver the products and services you request, process transactions and send you related information, including confirmations and reminders;
4. to customize product and service offerings and recommendations to you, including third-party products and offerings (except data from Apple HealthKit and Google Fit);
5. to verify your identity;
6. to send you technical notices, updates, security alerts and support and administrative messages;
7. for billing (invoicing), account management and other administrative purposes, if applies;
8. to respond to your comments, questions and requests and provide customer service;
9. to monitor and analyze trends, usage and activities in connection with our App;
10. solely with respect to information that you mark for sharing, for Company promotional purposes (except data from Apple HealthKit and Google Fit);
11. to link or combine with information we get from others or (and) from you to help understand your needs and provide you with better service (to use in training of neural networks, artificial intelligence, as well as for any other automated decision-making processing);
12. for scientific and academic research purposes; and
13. for any other purposes disclosed to you at the time we collect Personal Data or any other purposes indicated in this Privacy Policy. 

We will not use the information gained through your use of the HealthKit and Google Fit framework for advertising or similar services, or sell it to advertising platforms, data brokers, or information resellers. 

We will not process Personal Data in a way that is incompatible with the purposes for which it has been collected or subsequently authorized by you in accordance with Section 2 of this Privacy Policy or collect any Personal Data that is not required for the mentioned purposes. For any new purpose of processing we will ask your separate explicit consent. To the extent necessary for those purposes, we take all reasonable steps to ensure that Personal Data is reliable for its intended use, accurate, complete, and current. We also undertake to collect only such amount and type of Personal Data that is strictly required for the purposes mentioned in this Section of the Privacy Policy (“data minimization principle”). 

Modification, correction and erasure

You are able to modify, correct, erase, and update your Personal Data by writing us at support@owhealth.com. 

Access 

You have a right to access your Personal Data you insert into the App and ask us about what kind of Personal Data we have about you. You can do this by using the app settings or by writing us at support@owhealth.com. 

EU residents

Individuals residing in the countries of the European Union have certain statutory rights in relation to their personal data introduced by the General Data Protection Regulation (the “GDPR”). Subject to any exemptions provided by law, you may have the right to request access to Personal data (including in a structured and portable form), as well as to seek to update, delete or correct Personal data: 

1. Rectification of Personal Data and Restriction of Processing. You are responsible for ensuring the accuracy of your Personal Data that you submit to Flo. Inaccurate information will affect your experience when using the Flo Web Sites and tools and our ability to contact you as described in this Privacy Policy. If you believe that your Personal Data is inaccurate, you have right to contact us and ask us to correct such Personal Data by contacting us at support@owhealth.com. You shall also have the right to request restriction of processing of your Personal Data, if you contest the accuracy of the Personal Data and we need some time to verify its accuracy. 
2. Access to your Personal Data and Data Portability. The App gives you the ability to access and update Personal Data within the App and your account settings. You shall have the right to request information about whether we have any Personal Data about you, to access your Personal data (including in a structured and portable form) by simply writing us at support@owhealth.com.
3. Erasure of your Personal Data. If you believe that your Personal Data is no longer necessary in relation to the purposes for which it was collected or otherwise processed, or in cases where you have withdrawn your consent or object to the processing of your Personal Data, or in cases where the processing of your Personal Data does not otherwise comply with the GDPR, you have right to contact us and ask us to erase such Personal Data as described above. You can simply write us at support@owhealth.com. Please be aware that erasing some Personal Data inserted by you may affect your possibility to utilize the App and its features. Erasure of some Personal Data may also take some time due to technical reasons. 
4. Right to object processing of your Personal Data. You can object processing your Personal Data and stop us from processing your Personal data, simply write us at support@owhealth.com. Please be aware that erasing some Personal Data inserted by you may affect your possibility to use the App and its features. 
5. Notice about automated decision-making. We use automated decision-making tools (e.g. neural networks) that process your Personal Data in order to provide you proper Services (for example, predictions of your cycle). Normally, such automated decision-making works more precisely, if you insert more Personal Data about your cycle, symptoms, physical activities that our neural networks can work with. Our neural networks process this information in order to track particular dependencies and correlations in your cycles and symptoms and provide you more personalized information about your cycle and its predictions. 
6. Notification requirements. We commit to notify you within reasonable period of time and your data protection authority within the timeframe specified in applicable law (72 hours) about any personal data breaches in the App. 
7. Data Protection Authorities. Subject to GDPR, you also have the right to (i) restrict our use of Personal Data and (ii) lodge a complaint with your local data protection authority about any of our activities that you deem are not compliant with GDPR. 

Please keep in mind that in case of a vague access, erasure, objection request or any other request in exercise of the mentioned rights we may engage the individual in a dialogue so as to better understand the motivation for the request and to locate responsive information. In case this is impossible, we reserve the right to refuse granting your request. 

Following the provisions of GDPR we might also require you to prove your identity (for example, by requesting an ID or any other proof of identity) in order for you to invoke the mentioned rights, specifically if you exercise them in respect to special categories of Personal Data like data about health. This is made to ensure that no rights of third parties are violated by your request, and the rights described in this section are exercised by an actual Personal Data subject or an authorized person. 

Please note that we will grant your request within 30 days after receiving it, but it may take us up to 90 days in some cases, for example for full erasure of your Personal Data stored in our backup systems - this is due to the size and complexity of the systems we use to store data. 

1. Personal Data We Share with Third Parties. We will never share your Personal Data with any third parties. ​

2. Aggregated Information. We may share aggregated, anonymized or de-identified information, which cannot reasonably be used to identify you, including with our partners or research institutions. For example, we may share, including, without limitation, in articles, blog posts and scientific publications, general age demographic information and aggregate statistics about certain activities or symptoms from data collected to help identify patterns across users. 

3. Special Circumstances. We will not share any of your Personal Data to any third party except as otherwise stated in this Privacy Policy and in the following circumstances: (i) in response to subpoenas, court orders or legal processes, to the extent permitted and as restricted by law (including to meet national security or law enforcement requirements); (ii) when disclosure is required to maintain the security and integrity of the App, or to protect any user’s security or the security of other persons, consistent with applicable laws; (iii) when disclosure is directed or consented to by the user who has input the Personal Data; (iv) in the event that we go through a business transition, such as a merger, divestiture, acquisition, liquidation or sale of all or a portion of its assets, your information will, in most instances, be part of the assets transferred. 

4. Information Posted by User. The App features several community areas and other public forums where users with similar interests or medical conditions can share information and support one another or where users can post questions for experts to answer. We also offer online discussions which may be moderated by healthcare experts. Our communities are open to [the public/the App community] and should not be considered private. 

Any information (including Personal Data) you share in any online community area or online discussion is by design open to the public and is not private. You should think carefully before posting any Personal Data in any public forum. What you post can be seen, disclosed to, or collected by third parties and may be used by others in ways we cannot control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, the information you post may also show up in third-party search engines. 

If you mistakenly post Personal Data in our community areas and would like it removed, you can send us an email as listed below to request that we remove it. In some cases, we may not be able to remove your Personal Data, e.g. for technical reasons. 

5. Third party (onward) transfers and Privacy Shield compliance. In the context of an onward transfer, if you provided us your explicit consent for such transfer, we have responsibility for the processing of Personal Data we receive under the Privacy Shield (See Section 11 of this Privacy Policy) or generally from the EU and Swiss residents and subsequently transfer to a third party acting as an agent on our behalf. We remain liable under the Principles (as defined below) and GDPR if our agent processes such Personal Data in a manner inconsistent with the Principles and GDPR, unless we prove that we are not responsible for the event giving rise to the damage. For any onward transfer we commit to execute a formal agreement with any receiving party or processor acting on our behalf. 

If we receive Personal Data subject to our certification under the Privacy Shield and then transfer it to a third-party service provider acting as an agent on our behalf, we have certain liability under the Privacy Shield if both (i) the agent processes the Personal Data in a manner inconsistent with the Privacy Shield and (ii) we are responsible for the event giving rise to the damage. 

We will retain your Personal Data as long as your account is active or needed to provide you services, and only for as long as it serves purposes of processing identified in Section 2 of this Privacy Policy. At any time, you can remove your Personal Data as specified in Section 3 of this Privacy Policy.

You should be aware that we may retain certain Personal Data and other information after your account has been terminated in an aggregated, anonymized form. Any posts or comments you submit may remain visible if and after you delete your account. We are not obligated to remove your posts or comments. We reserve the right to use your information in any aggregated data collection after you have terminated your account, however we will ensure that the use of such information will not identify you personally. We will also retain your Personal Data as necessary to comply with legal obligations, resolve disputes and enforce our agreements.

If you remove data from your account, you will no longer see it in the App, but some backups of the data may remain in our archive servers for a reasonable period of time due to technical solutions we use. However, we undertake to delete any such backups within a reasonable period of time. 

If you choose to delete the App, deactivate your account, we retain your Personal data for as long as your account is active and a reasonable period thereafter in case you decide to re-activate the Services. We also retain some of your information as necessary to comply with our legal obligations, to resolve disputes, to enforce our agreements, to support business operations, and to continue to develop and improve our Services. Where we retain information for Service improvement and development, we take steps to eliminate information that directly identifies you, and we only use the information to uncover collective insights about the use of our Services, not to specifically analyze personal characteristics about you. 

You can direct us to share data from the App with other parties. For example, you can permit us to share data with other health apps and services like Google Fit and Apple HealthKit. Once you direct us to share your data with a third party, that third party will have their own privacy policy and we do not control how the third party uses or handles the information. You can revoke your consent to share information with such a third party at any time in your App account settings. 

We take reasonable steps in order to ensure compliance of such third parties with any applicable laws that might govern processing of your Personal Data. For example, for the EU residents’ Personal Data we make reasonable efforts to ensure that such third parties are GDPR compliant and have GDPR compliant privacy policies in place. 

We take all reasonable and appropriate measures to protect all collected Personal Data from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction, taking into account the nature of the Personal Data that we process and risks associated with special categories of Personal Data we collect (information about health). Among others, we utilize the following information security measures to protect your Personal Data: 

1. Pseudominization and tokenization of certain categories of your Personal Data;
2. Encryption of your Personal Data in transit and in rest;
3. Systematic vulnerability scanning and penetration testing;
4. Protection of data integrity;
5. Organizational and legal measures. For example, our employees have different levels of access to your Personal Data and only those in charge of data management get access to your Personal Data and only for limited purposes required for the operation of the App. We impose strict liability on our employees for any disclosures, unauthorized accesses, alterations, destructions, misuses of your Personal Data.
6. Conducting periodical data protection impact assessments in order to ensure that the App fully adheres to the principles of ‘privacy by design’, ‘privacy by default’ and others. We also commit to undertake privacy audit in case of Company’s merger or takeover. 

Please understand that you can help keep your information secure by choosing and protecting your password appropriately, not sharing your password and preventing others from using your mobile device. Please understand that no security system is perfect and, as such, we cannot guarantee the absolute security of the App, or that your information won’t be intercepted while being transmitted to us. If we learn of a security systems breach, we may either post a notice, or attempt to notify you by email and will take reasonable steps to remedy the breach as specified in this Privacy Policy. 

We process information in a way that is compatible with and relevant for the purpose for which it was collected. To the extent necessary for those purposes, we take reasonable and appropriate steps to ensure that any information in our care is accurate, complete, current and reliable for its intended use. 

General age limitation. We are committed to protecting the privacy of children. The App is not intended for children and we do not intentionally collect information about children under 13 years old. The App does not collect Personal Data from any person the Company actually knows is under the age of 13. If you are aware of anyone under 13 using the App, please contact us at support@owhealth.com and we will take required steps to delete such information and (or) delete her account.

Age limitation for EU residents. Due to requirements of the GDPR you shall be at least 16 years old in order to use the App. To the extent prohibited by applicable law, we do not allow use of the App by the EU residents younger than 16 years old. If you are aware of anyone younger than 16 using the App, please contact us at support@owhealth.com and we will take steps to delete such information and (or) delete her account. 

Although the App may contain links to third party websites or services, we are not responsible for the privacy policies and/or practices on those third-party websites or services. Please understand that this Privacy Policy applies only to information we collect from you. Where we have linked to a third-party website or service, you should read the privacy policy stated on that third-party website or service. 

We may contact you from time to time via email to communicate with you about products, services, offers, promotions, rewards, and events offered by us and others, and provide news and information that we think will be of interest to you. You can always opt out of receiving emails by unsubscribing via the “Unsubscribe” link contained in the email. Opting-out of these emails will not end transmission of important service-related emails that are necessary to your use of the App. If applicable laws prescribe so, certain exclusions may apply to the residents of some countries regarding an active opt-in for any email communications from us. We may ask such users at the registration screen to provide their consents for any such communications.

This Privacy Policy does not apply to information, content, business information, ideas, concepts or inventions that you send to the Company by email. If you want to keep content or business information, ideas, concepts or inventions private or proprietary, do not send them in an email to the Company. 

General. The Company is based in the United States and the information we collect is governed by U.S. law. Please be advised that U.S. law and laws of other countries may not offer the same protections as the law of your jurisdiction.

In addition, you agree that information collected through the App may be stored and processed in Canada, where the Company rents servers, or in any other country in which the Company or its affiliates, subsidiaries or agents maintain facilities, and by using the App, you consent to any such transfer of information outside of your country.

EU and Swiss residents. Please bear in mind that we may transfer your Personal Data to the United States which data protection is not deemed adequate under applicable data protection law.

However, we comply with the EU-U.S. Privacy Shield Framework and 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 transferred from the EU and Switzerland to the United States. We have certified to the Department of Commerce that we adhere to the Privacy Shield Principles. If there is any conflict between the terms in this Privacy Policy and the Privacy Shield Principles (the “Principles”), the Privacy Shield Principles shall govern. To learn more about the Privacy Shield program, and to view our certification (we certified under our old business name — OWHealth, Inc.), please visit privacyshield.gov. 

1. Complaints and Dispute Resolution. In compliance with the Privacy Shield Principles, we commit to resolve complaints about our collection or use of your personal information. EU and Swiss individuals with inquiries or complaints regarding our Privacy Shield policy should first contact us at dpo@flo.health or mailing address:

Flo Health Inc. 1013 Centre Road, Suite 403‑B Wilmington, DE 19805

We have further committed to refer unresolved Privacy Shield complaints to JAMS, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit the following link for more information or to file a complaint. The services of JAMS are provided at no cost to you.

2. Arbitration. You may also be able to invoke binding arbitration for unresolved complaints but prior to initiating such arbitration, a resident of a European country participating in the Privacy Shield must first: (1) contact us and afford us the opportunity to resolve the issue; (2) seek assistance from JAMS; and (3) contact the U.S. Department of Commerce (either directly or through a European Data Protection Authority) and afford the Department of Commerce time to attempt to resolve the issue. If such a resident invokes binding arbitration, each party shall be responsible for its own attorney’s fees. Please be advised that, pursuant to the Privacy Shield, the arbitrator(s) may only impose individualspecific, non-monetary, equitable relief necessary to remedy any violation of the Privacy Shield Principles with respect to the resident. The arbitration option may not be invoked if the individual’s same claimed violation of the Principles (1) has previously been subject to binding arbitration; (2) was the subject of a final judgment entered in a court action to which the individual was a party; or (3) was previously settled by the parties.

3. U.S. Federal Trade Commission Enforcement. Our Privacy Shield compliance is subject to the investigatory and enforcement powers of the U.S. Federal Trade Commission (FTC). 

To communicate with our Data Protection Officer, please email at dpo@flo.health. 

If you have any questions or concerns about your privacy, any provisions of this Privacy Policy or any of your rights, you may contact us at:

Flo Health Inc. ​

1013 Centre Road, Suite 403‑B Wilmington, DE 19805

Email: support@owhealth.com or dpo@flo.health

Our EU representative: 

DPOEU LTD

Office 902, Oval, Krinou 3, Ayios Athanasios, 4103, Limassol, Cyprus

Email: info@dpoeu.eu