Privacy Policy

Last modified: July 17th, 2024

LifeSpeak Inc. (“LifeSpeak”, “we”, “us”, “our”, including all LifeSpeak Entities, as defined below), are committed to protecting and using your Personal Information (as defined below) responsibly. We are guided and governed by applicable federal, provincial, and state privacy legislation.

This privacy policy describes how LifeSpeak collects, uses, and discloses your Personal Information. It applies to all Personal Information that you provide to us, including on the websites of LifeSpeak Entities (collectively, the “Websites”), and on applications provided by LifeSpeak Entities (collectively, the “Apps”).

Please read this policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personal Information.

Summary

• Use of your Personal Information: We use your data to provide you with our products and services, as well as for limited internal purposes described in this policy (e.g., to improve our services). We will also use your profile class play data to make personalized class and program recommendations to you, should you opt into this service.
• Sharing your Personal Information with your Employer/Sponsor: In limited cases, we share certain Personal Information with your employer/sponsor, such as for the purpose of verifying whether you are eligible for an incentive payment. We do not share more information than is required, and in most cases, this information is limited to your name, class play minutes and number of class plays.
• Access to your Personal Information by Third Parties: In limited cases, we share some of your Personal Information with our service providers for the purposes of providing our products and services to you. They can only use that information to provide you with our products and services. We require that these service providers have substantially similar controls in place to protect your Personal Information from unauthorized access, use, and disclosure. We do not sell or rent your data to third parties.
• Security of your Personal Information: We take the privacy and data security very seriously. We improve our systems continually to improve the security of our systems.
• Deletion of your Personal Information: You can submit a request for us to delete your Personal Information from our systems at any time by submitting a request at member.support@lifespeak.com. Please be aware that the deletion of your Personal Information from our systems will result in the deletion of your user account, and you will not be able to use our products or services until you create a new account.

LifeSpeak Entities

This privacy policy applies to our collection, use, and disclosure of information across all LifeSpeak Entities, which include:

• LifeSpeak Inc. (“LifeSpeak”, including the website www.lifespeak.com);
• Wellbeats, Inc. (“Wellbeats”, including the website www.wellbeats.com);
• EnCompass Education Solutions, Inc. dba Torchlight (“Torchlight”, including the
  website www.torchlight.care);
• ALAViDA Health Ltd. (“ALAViDA”, including the website www.alavida.com); and
• Lift session Inc. (“Lift session”, including the website www.liftsession.com).

LifeSpeak does not provide health care or other professional medical services. As such, it does not act as a “health information custodian” (or equivalent, as defined under your jurisdiction’s health privacy legislation) of your Personal Information.

Personal Information

In this privacy policy, “Personal Information” refers to information that identifies you as an individual alone or in combination with other data, and is provided to or collected by us. Personal Information includes, for example:

• Personal identifiers and contact information, such as your name, email address, mailing address, phone number, and Internet Protocol (IP) addresses. It also includes other identifiers necessary to conduct “know your client” activities (for example, information about named beneficiaries and/or spouses and partners).
• Information about your dependent(s), like their name(s) and date(s) of birth.
• Health information, that you choose to provide to us when completing a product profile or similar forms. This information is not required to use our products but will assist us in providing you with a better, more tailored experience. .
• Demographic data, that your or your sponsor choose to share with us.
• Internet or other electronic network activity information, such as browser type, Internet service provider (ISP), referring/exit pages, pages viewed on our site.

Collecting personal information

We may collect your personal information

• Directly from you (e.g., via our Websites or our products and products, via email, when you enter into one of our contests, such as “Watch and Win”, or when you register for one of our newsletters);
• From professionals who use our products and services to deliver you services;
• In limited cases, from your employer;
• In limited cases, from third-party sources, like certain cookies.

Your professional(s) may record Personal Information in our systems, such as their interactions with you, their evaluations, records and notes and other information related to your health and/or health care.

Using personal information

We use your Personal Information to:

• Deliver our products and services to you, including customer support and to deliver personalized class and program recommendations;
• Communicate with you;
• De-identify and/or anonymize your Personal Information;
• Understand how you access and utilize features and services on our Websites and in our Apps in order to troubleshoot, enhance, improve and optimize our products and services;
• Carry out our obligations and enforce our rights arising from any contracts (including our Terms of Service, with you or to comply with our legal obligations;
• Screen for potential patterns of misuse and/or fraudulent use of our systems;
• Estimate our audience size and usage patterns and analyze trends and track movements around our Websites and our systems;
• Gather demographic information about the users of our Websites and our systems;
• Assess the performance of our staff for continuing quality improvement;
• Fulfill any other purpose with your consent.

Please note that we may also use your personal information for research and development purposes, in which case information is de-identified and aggregated, meaning it does not personally identify you. We may also share de-identified or anonymized data with your employer/sponsor.

Sharing Personal Information

LifeSpeak may disclose your Personal Information for purposes for which it was collected or as required by applicable law. LifeSpeak may also disclose your Personal Information to:

• Carry out our obligations;
• Our partners, vendors or others who help us operate our services or assess your interest or satisfaction with our services and products, our organization, provided they have contractually agreed to adhere to this Policy;
• Defend and enforce our rights, including those arising from any contracts (such as our Terms of Service) with you;
• Respond to cease and desist letters, legal proceedings, criminal and civil subpoenas, and any court orders;
• Comply with our legal obligations;
• Pursue available remedies or limit any damages that we may sustain; or
• Fulfill any other lawful purpose, with your consent.

If you are using our Service through a third party or employer that contracts with us to provide Service to you, we may also share aggregate information with that third party or employer. We will only share your identifiable data with your employer when your employer offers you incentives for participation. The information shared with you employer is limited to the amount of data needed in order for your employer to pay you the incentive you have earned.

LifeSpeak Employees and Service Providers

In providing products and services to you, LifeSpeak may be required to share Personal Information with its employees. All LifeSpeak staff are required to keep user Personal Information private and confidential.

LifeSpeak may transfer Personal Information to our service providers, agents, vendors or other organizations that provide services to us, for the purposes set out in this policy. These include delivering communications and or products to you, storing your data and similar types of other data processing.

Our service providers are given only the information necessary to perform the required service and are subject to regulatory requirements imposing data security obligations on the ways in which they process Personal Information. Specifically, we require our service providers and data processors to have appropriate security procedures and controls in place to protect Personal Information in a manner that is consistent with our Privacy Policy and the security practices and regulations applicable in their country of jurisdiction.

When we store your Personal Information or engage a service provider, they may operate in a jurisdiction that is different than the one in which you are located, and thus your Personal Information may be stored, processed, accessed, or used in another country. In that case, your Personal Information may be subject to the law of the jurisdiction in which it is used or stored, including any law permitting or requiring the disclosure of the information to a government, government agency, court, or law enforcement agency of that jurisdiction. LifeSpeak stores data on servers in both Canada and the United States. The countries in which our service providers operate are in both Canada and the United States.

For Quebec residents: Please note that your information may be transferred outside of Quebec.

LifeSpeak may also share your Personal Information where we believe, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group, including exchanging information with other companies and organizations for the purposes of fraud protection. This includes disclosing your Personal Information if necessary to protect against a clear and imminent risk of serious harm to any individual.  For example, LifeSpeak may share your Personal Information if:

1. You appear to be impaired as the result of alcohol or drugs, and then attempt to operate a motor vehicle, go to a safety-sensitive job, or take any other action in which such impairment could put yourself or others at risk of significant harm. In such cases, we may also warn law enforcement authorities and/or your employer or professional regulator, that you may be at risk of putting yourself and/or others in danger.
2. LifeSpeak believes that you are at imminent risk of suicide;
3. LifeSpeak believes that you are at risk of committing homicide.
4. Disclosure is necessary to protect an identifiable child, consistent with applicable law.
5. Disclosure is necessary to protect a vulnerable adult who by virtue of condition or circumstance is unable to seek support or assistance for abuse or neglect, consistent with applicable law.

Consent

When you use our services or visit our Websites, you consent to us collecting, using, and disclosing your Personal Information in accordance with this privacy policy. In some cases, your consent may be “implied” (i.e., your permission is assumed based on your action or inaction at the point of collection, use or sharing of your Personal Information).

We will generally obtain consent when we want to use or disclose your Personal Information for a new purpose or for purposes other than those stated at the time of collection. You may withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice.

Protecting Personal Information

Your Personal Information is protected by reasonable administrative, physical, and technical security safeguards that are commensurate with the sensitivity and volume of the information that we collect, use, and disclose. These include:

• Restricting access to Your Personal Information to a limited number of people;
• Encryption;
• Multi-factor authentication;
• Logging and monitoring software.

Please note no computer system is perfectly secure and our security measures can only serve to help minimize risk to your Personal Information.

Retention of Personal Information

Personal information will be retained only as long as necessary to fulfill the purposes for which it was collected, except where otherwise required or permitted by law. Once no longer required, your Personal Information will be securely destroyed or anonymized (so the information no longer identifies you).

Your Privacy Rights

• Access and rectification: With some limited exceptions, you have the right to access and update Personal Information held by LifeSpeak. You may also request that LifeSpeak correct Personal Information that LifeSpeak holds.
• For Quebec residents: You may request an explanation of a decision rendered exclusively via the automated processing of your Personal Information (where applicable). You may also request that your Personal Information be provided to you in a structured, commonly used technological format.
• Exercising your rights: Some of the Personal Information we hold about you is accessible via your online account(s). You can also update or correct your Personal Information via your account(s).

For further assistance, including to request the deletion of your data, please send us an email to the contact listed below. For security purposes, we may require that you authenticate your identity before we provide you with access to or make changes to your Personal Information.

For United States Residents

If you are a United States resident, you may have additional rights to your Personal Information. For more information regarding these rights, please review our U.S. Privacy Disclosure.

Updates

We may make changes to this policy from time to time. Any changes we make will become effective when we post a modified version of the policy on this webpage. If we make any significant changes to the policy, we will post a notice on our Websites. By continuing to use our services and our Websites after the modified version of the policy has been posted, you are accepting the changes to the policy, subject to any additional requirements which may apply. If you do not agree to the changes in our policy, it is your responsibility to stop using our services, our Websites, and our Apps. It is your obligation to ensure that you read, understand and agree to the latest version of this policy. The “Effective Date” at the top of the policy indicates when it was last updated.

Contact Us

If there are any questions regarding this policy or our collection, use or disclosure of your Personal Information, you may contact us using the information below:

• Privacy questions should be directed to: privacy@lifespeak.com
• Information Security questions should be directed to: security@lifespeak.com
• For product support or general question: support@lifespeak.com

U.S. Privacy Disclosure

LifeSpeak Inc. (the “Company”, “we”, “us” and “our”, including all LifeSpeak Entities, as defined below) is committed to protecting the information of visitors and consumers who use our products and services. This U.S. Privacy Disclosure (“Disclosure”) outlines how Company collects, uses, and discloses the personal information of United States residents, including California, Colorado, Connecticut, Florida, Oregon, Texas, Utah, and Virginia consumers covered by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Florida Digital Bill of Rights, the Oregon Consumer Privacy Act, the Texas Data Privacy and Security Act, the Utah Consumer Privacy Act, and the Virginia Consumer Data Protection Act (collectively, the “U.S. State Privacy Laws”). The words “you” and “your” refer to you as a user of the Websites (defined below), either as a visitor, registered customer, or employee of a Company customer; “consumer” shall mean the natural person who is a resident in California, Colorado, Connecticut, Florida, Oregon, Texas, Utah, and Virginia, or as further defined under the U.S. State Privacy Laws.

LifeSpeak Entities

This Disclosure applies to our collection, use, and disclosure of information across all LifeSpeak Entities, which include:

• LifeSpeak Inc. (“LifeSpeak”, including the website www.lifespeak.com);
• Wellbeats, Inc. (“Wellbeats”, including the website www.wellbeats.com);
• EnCompass Education Solutions, Inc. dba Torchlight (“Torchlight”, including the website
  www.torchlight.care);
• ALAViDA Health Ltd. (“ALAViDA”, including the website www.alavida.com); and
• LiftSession Inc. (“LiftSession”, including the website www.liftsession.com).

The websites above shall be collectively referred to herein as “Website(s)”.

Personal Information We Collect

To ensure that we provide you with the best possible experience, we will store, use, and disclose personal information about you in accordance with this Disclosure. Personal information is information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular user, household or device (“Personal Information”). We may collect the following categories of Personal Information from visitors and users of the Websites. Additionally, the “Disclosed” column below details what categories of Personal Information have been disclosed in the past 12 months and to which category of third parties.

We obtain the categories of Personal Information listed above from the following categories of sources:

• Directly from you. For example, when you:
  • complete an optional profile from within one of our products;
  • subscribe to one of our e-newsletters;
  • review or comment on one of our products;
  • submit a job application; or
  • otherwise communicate with us, such as contacting us for more information or requesting support related to one of our products you use.
• Indirectly from you. For example, through information we collect from you in the course of
  providing our services to you.
• Directly and indirectly from activity on our Websites. For example, from Website usage details that are collected automatically. For more information on automatic information collection, please review our Privacy Policy and Cookie Policy.

Important Information Relating to Health Information

We may offer services on our Websites that may involve the use of “Protected Health Information” (as defined in 45 C.F.R. § 160.103) that is subject to the federal privacy regulations issued pursuant to the Health Insurance Portability and Accountability Act of 1996 and the Health Information Technology for Economic and Clinical Health Act, as amended from time to time (collectively, “HIPAA”). With respect to the Websites, any Personal Information that constitutes Protected Health Information shall be governed by the terms of any applicable business associate agreement (“Business Associate Agreement”) between the Company and the contracting company responsible for providing Protected Health Information on the Websites. When applicable, this Policy may be superseded by specific terms in the Business Associate Agreement. If you are an employee, contractor, or agent of a Company customer, you agree to use any Protected Health Information in accordance with your organization’s HIPAA policies and procedures.

Use of Personal Information

We do not sell or lease your Personal Information to any third party. We will only disclose your Personal Information in order for us to deliver our products or services to you. For information about what categories of Personal Information are disclosed by the Company and to which third parties, please see the “Personal Information We Collect” section above and our Privacy Policy for more information.

Duration. The length of time Company intends to retain each category of Personal Information, including sensitive personal information, if any, is for as long as reasonably necessary to carry out Company’s intended business purpose for such information.

Your Choices and Selecting Your Privacy Preferences

We want to provide you with relevant information that you have requested. When possible, we will always provide options as to what information we collect and how you can manage any preferences that pertains to such information.

If we provide subscription-based services, such as email newsletters, we will allow you to make choices about what information you provide at the point of information collection or at any time after you have received a communication from us while you are subscribed. Transactional or service-oriented messages, such as delivery confirmation messages, are usually excluded from such preferences, as such messages are required to respond to your requests or to provide goods and services and are not intended for the purposes of marketing.

From time to time, we may send you email communications that your sponsor wants us to send to you. You may opt out of them at any time by selecting the “unsubscribe” link at the bottom of each email. Please note that by opting out or unsubscribing you may affect other services you have requested we provide to you, in which email communication is a requirement of the service provided. Even if you opt-out of receiving marketing material, we may still need to contact you with important information about your account or responding to your requests or questions.

Text Messaging

You may have the opportunity to receive SMS or “text” messages. Such messaging may be used to authenticate your identity or mobile device, as well as provide you informational updates about services or products you may have requested. In providing your mobile device number or cell phone number to the Company, you knowingly consent to such communications from the Company or for the Company to use your cell phone number or mobile device number. In providing your number, you represent that you have the authority to agree to receive text messages at the telephone number that you provide to the Company, or from which you sent the text message request to us. You further acknowledge that: (a) no purchase is required to opt into this service; (b) you may opt out at any time by following the instructions provided in our communications to you; and (c) your receipt of text messages may result in separate charges from your mobile provider.

Any such communications you receive from us will be administered in accordance with your preferences and this Disclosure and the Privacy Policy.

Your Rights Under State Law

California

• Shine the Light law. Pursuant to California Civil Code Section 1798.83, we will not disclose or share your Personal Information with third parties for the purposes of third-party marketing to you without your prior consent.
• Do Not Track Signals. Other than as disclosed in this Disclosure, the Websites do not operate any differently when it receives Do Not Track signals from your internet web browser.
• WE DO NOT SELL OR SHARE YOUR PERSONAL INFORMATION.

Nevada

Under Nevada law, Nevada residents may opt out of the sale of certain “covered information” collected by operators of websites or online services. We currently do not sell covered information, as “sale” is defined by such law. In accordance with Nevada law, you may still submit to us a verified request instructing us not to sell your covered information. Such requests can be submitted in accordance with the instructions provided in the “Contact Us” section of this Disclosure.

Your Consumer Rights

The U.S. State Privacy Laws, as provided in the introductory paragraph above, provide consumers with additional rights with respect to their personal information (also known as “personal data”), as those terms are defined under the U.S. State Privacy Laws. Any personal information we collect is collected for the commercial purpose of effectively providing our products and services to you, as well as enabling you to learn more about, and benefit from, our services. If you are a California, Colorado, Connecticut, Florida, Oregon, Texas, Utah, and Virginia consumer, you may exercise each of your rights as identified below, subject to our verification of your identity.

1. Access. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
2. Correction. You can correct what personal data our Website database currently contains by accessing your account directly, or by contacting us to request that we correct or rectify any personal data that you have provided to us.
3. Limit Use and Disclosure of Sensitive Personal Information. If we collect any sensitive personal information, you have the right to request that we limit the use of the sensitive personal information to that use which is necessary to perform the services or provide the goods reasonably expected by an average consumer who requests those goods or services.
4. Portability. Upon request and when possible, we can provide you with copies of your Personal Information. When such a request cannot be honored, we will advise you accordingly. You can then choose to exercise any other rights under this Disclosure.
5. Deletion. You have the right to request that we delete any of your Personal Information, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
6. Opt-out of Processing. You have the right to request that we do not sell your Personal Information, use your Personal Information for Targeted Advertising, or use your Personal Information for profiling.
7. Non-Discrimination. If a consumer exercises his or her rights under applicable U.S. State Privacy Laws, we shall not discriminate against that consumer by denying our goods or services, charging different prices or rates to similarly situated consumers, providing a different level or quality of our goods or services, or taking any other adverse action.
8. Exercising your rights. If you are a consumer that has rights under applicable U.S. State Privacy Laws, who chooses to exercise the rights listed above, you can:
9. Submit a request via email at member.support@lifespeak.com

Only you, or someone legally authorized to act on your behalf, may make a request related to your Personal Information. If an authorized agent makes a request on your behalf, we may require proof that you gave the agent permission to submit the request.

Responding to Your Request. Upon receiving your request, we will confirm receipt of your request by sending you an email confirming receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the Personal Information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.

We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing.

In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Information for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

Information of Minors

We do not knowingly collect or use information from individuals under the age of eighteen (18) without parental or guardian consent. We do not target the Websites to minors, and would not expect them to be engaging with the Websites or our services. We encourage parents and guardians to provide adequate protection measures to prevent minors from providing information unwillingly on the internet. If we are aware of any Personal Information that we have collected about minors under the age of eighteen (18), we will take steps to securely remove it from our systems.

Changes to this Disclosure

This Disclosure may be amended from time to time and we shall post the revised Disclosure on our Website. Changes will be effective upon posting.

Contact Us

We value your opinions and welcome your feedback. To contact us about this Disclosure or your Personal Information, please contact us using the information below:

• Privacy questions should be directed to: privacy@lifespeak.com
• Information Security questions should be directed to: security@lifespeak.com
• For product support or general questions: member.support@lifespeak.com