Privacy Policy

Last Revised: 12/13/2021

Introduction

We, DarioHealth, also doing business as Labstyle Innovation Ltd., Upright, and Dario powered by wayForward, (collectively, “us”, “we” or the “Company”) respect and are committed to protecting your (“user” or “you”) privacy.

This Privacy Policy describes our practices with respect to collecting, using, and sharing your information through the use of our websites (“Site”), mobile applications (“App”), devices, and other services made available by us (collectively, the “Services”).

Health Plan and Employee Assistance Plan Users:  Please note, if your use of our Services is sponsored by your health plan or employee assistance plan, information, including personal information, provided to us by your health plan or employer is subject to contractual restrictions we have agreed to with your health plan or employee assistance program.

The Privacy Policy is subject to our Terms of Use  and is incorporated therein by reference. Capitalized terms used in this Privacy Policy but not defined here have the meanings ascribed to them in the Terms of Use.

We encourage you to read the Privacy Policy carefully prior to using our Services. By using our Services, you agree to the terms of this Privacy Policy.

What types of information we collect

We collect two types of information from our users.

The first type of information is non-personal information, which is information that does not identify you and may include information such as aggregated usage information and technical information transmitted by your device

The second type of information we collect is information that identifies or can be used to identify you (“Personal Information”). This includes:

  • Registration information: In order to use our certain parts of our Services, you may be required to register to the Services. As part of the registration process, we may collect your full name, gender, height, weight, e-mail address, phone number,birth date, and information about your health related to your use of the Services, such as information about your diagnoses (as described below). If you register for our Services via your social network account (e.g. Facebook account) we may have access to basic information about you from such account, such as your name, email address, photo, as well as any other information you made publicly available on such account.
  • Financial information: In order to make purchases through our Services, you may be required to share payment information, including your PayPal account or credit or debit card information necessary to process your payment.  This information is collected and stored by our third party payment processors. We may collect some limited information, such as your postal code, mobile number, and details of your transaction history in connection with your purchases. In addition, our payment processors generally provide us with some limited information related to you, such as a unique token that enables you to make additional purchases using the information they’ve stored, including recurring payments if you become a subscriber, and your card’s type, expiration date, and certain digits of your card number.
  • Health information: As part of the registration process for certain Services, you may be required to share certain health information related to your use of the Services,  such as condition-specific diagnosis information and the types of services that you are seeking. Additionally, for certain parts of our Services, you may optionally provide us with additional information related to your health such as blood tests (i.e. last HbA1c), blood pressure test, medicines (e.g. insulin, oral medication), nutrition, carbohydrate consumption, exercise activity and motion (e.g. steps, cardio activity, kcal, type and intensity), as well as physical, mental, and emotional health status, other conditions and lifestyle habits. You may manually upload your health information to our Site or App, or allow us to collect such information automatically by performing synchronization to the results of a Device measurement or App questionnaire or to the information available through your HealthKit account (see detailed information below, under “Information shared through HealthKit”). Some of this information may constitute Protected Health Information (“PHI”) under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”). We will take all necessary steps to protect your PHI as required under HIPAA.
  • Additional Voluntary information: We may collect additional information that you provide us voluntarily. For example, when you respond to communications from us, post a comment on a blog post, enroll in our rewards programs, contact our support, communicate with us via email or the Services or share additional information about yourself or about others through your use of the Services.
  • Device Information: We may collect Personal Information from your device (e.g. geolocation data, IP address) and information on your activity on the Services (e.g. pages viewed, online browsing, clicks, actions, etc.).
  • Third parties’ SDKs: Within our App, we may use Software Development Kits (SDK) provided by third parties. If you grant us your explicit consent to such use and integration (through the App), we may gather additional Personal Information about your activities, location and behavior, such as Wi-Fi, Bluetooth, accelerometer, gyroscope, GPS, etc. For additional information about SDKs, we advise you to visit the applicable third parties’ website(s). In our App, we use an SDK from Facebook. The Facebook SDK allows you to login to our App using your Facebook login.
  • Health Plan and Employee Assistance Plan Information:  We may periodically obtain Personal Information about you from employers or employee assistance plans or health plans that provide you with access to our Services where necessary to administer the Services. This information may include information about your employment status, employee identification number or identifier, job title, benefits information, and your primary work site (place of work). We use this informaiton only as directed or permitted by those third parties and we are subject to contractual obligations to keep such information confidential. We may also receive information about you from third parties for the purposes of referring you to a participating provider.
  • Dario powered by wayForward Services Communication.  If you use our Dario powered by wayForward Services, we may also collect records of communications between you and your coach or mental health service provider.
  • Upright Services:  If you use our Upright Services, we collect the following additional types of information from you:
    • Training Plan:  Information about your gender, weight, height, age, photo (optional), location, information relating to your use of the device (number of hours you sit and move each day, pain levels you experience, your postures and progress), information about your habits, work environment, fitness routines and training preferences, back pain level, and posture level (Mandatory information)
    • Upright Go Device Sensors: Posture score, movement level, accelerometer values, and smooth angle.
  • Product or Service Reviews.  If you write a customer review about our products or services, we collect your name, email address, photos that you provide, and any other information that you decide to provide us.  Please note that any information that you provide to us in connection with your review may be made public on our Services, including on our public-facing Sites. If you write a review, please do not share or include any information that you do not want to be made public.
  • Careers.  If you apply for a position through our Sites or social media accounts (e.g. LinkedIn), we collect you name, email address, cover letter, and any other information that you decide to provide us.

By providing sensitive Personal Information to us (including health information and PHI), you explicitly consent to the collection, use and sharing of your sensitive Personal Information in accordance with this Privacy Policy.

If we combine Personal Information with non-personal Information, the combined information will be treated as Personal Information.

We may anonymize, aggregate or de-identify any information, including Personal Information, collected by the Services or via other means so that the information cannot, on its own, identify you. Our use and sharing of such aggregated or de-identified information is not subject to any restrictions under this Privacy Policy, and we may use and share it with others without limitation and for any purpose. Unless we de-identify PHI in accordance with HIPAA requirements, it will continue to be PHI subject to HIPAA’s privacy and security requirements, as described in this Privacy Policy.

You may refuse to disclose certain information to us, but please bear in mind that this may result in preventing you from using certain features or functions of the Site and Services, and in some cases may result in your inability to use the Site and Services.

Cookies

A cookie is a small data file that is sent to your device when you first visit a website. Cookies usually include an identification number that is unique to the device you are using. Such identifier can help us better understand our users and how they are using the Site and the Services. Cookies also enable recognition of a user when they re-visit the Site, keeping their settings and preferences and ability to offer customized features.

The Services may implement the following types of cookies: (i) cookies implemented by us for the purposes described above (“First Party Cookie”); and (ii) third party cookies which are set by other online services who run content on the page you are viewing, for example by third party analytics companies who monitor and analyze our web access or online advertisers on our Services. Ads appearing on our Site and/or through the Services may be delivered to users by advertising partners, who may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer.  Among other things, this information allows ad networks to deliver targeted advertisements that they believe will be of most interest to you. These interest-based ads may be presented to you while you are browsing our Site or third-party sites not owned by us. This Privacy Policy covers the use of cookies by us alone and does not cover the use of cookies by any advertisers.

You may remove the cookies by following the instructions of your device preferences; however, if you choose to disable cookies, some features of our Services may not operate properly and your online experience may be limited.

Analytics

We may use third parties, such as Google Analytics, Tableau, Amplitude, Flurry, or other analytics providers, to analyze traffic to and optimize our Site or Services. Our analytics may include cookies, clear GIFs, pixel tags, and other similar technologies. Our analytics partners do not create individual profiles for visitors and only collect aggregate data. To disable Google Analytics, for example, please download the browser add-on for the deactivation of Google Analytics provided by Google at http://tools.google.com/dlpage/gaoptout?hl=en. To learn more about privacy of our analytics partners, please consult information provided by such analytics partners. You may have the option to opt out of analytics partners’ use of cookies by changing your browser settings.

How we use the information we collect

We use and share Personal Information, including PHI, in the manners described in this Privacy Policy. In addition to the purposes listed above, the Personal Information we collect is used for the following purposes:

  • To set up your account and to provide our Services;
  • To optimize the Site, our Services and your experience using them;
  • Analyze your use of the Services, including analyzing information generated through devices that you use in connection with our Services, and to provide recommendations to you based on our analyses;
  • If you use our Dario powered by wayForward Services, your coach or mental health service provider may use your information to provide their services;
  • To allow you to obtain relevant information about your health and provide you tools to manage it;
  • To personalize our recommendations for better management of your health and wellness (including through our community learning tools, Apple’s HealthKit, etc.);
  • To send you reminders based on your location and activity (including through SDKs);
  • To allow you to make purchases through the Services and carry out transactions you request;
  • To identify and authenticate your access to certain features of the Services;
  • To communicate with you in order to keep you informed of our latest updates and features;
  • To assess your candidacy for a position that you applied to and to facilitate your employment application;
  • To provide rewards programs to you when you enroll in them;
  • To perform research or to conduct analytics in order to improve and customize our Services to our users’ needs and interests;
  • To market our products and services to you (to the extent permitted under HIPAA where applicable);
  • To detect and prevent illegal activity or any other type of activity that may jeopardize or negatively affect the integrity of the Services;
  • To support and troubleshoot our Services, to respond to your queries and communicate with you;
  • To comply with our obligations under HIPAA; and
  • To investigate violations and enforce our policies, and as required by law, regulation or other governmental authority, or to comply with a subpoena or similar legal process or respond to a government request.

If you are a registered user of our Services and have provided your email address or phone number, we may occasionally send you an e-mail or contact you via your phone number, including automatically generated  SMS, telephone call or push notifications in order to provide you with our Services (for example, for the purpose of sending you a verification code to confirm user login, tracking info on shipping a package, and a link to download the App). These will be transactional or informational messages related to Services you requested or subscribed to. If we wish to send marketing communications, we will seek separate express written consent to do so through email or your online Account. You hereby consent and authorize us to contact you in accordance with the above.

You may unsubscribe from informational or marketing text messages at any time by replying STOP or a similar command to a message you receive from us related to your services. We may, however, continue to send you transactional messages such as tracking information or verification codes if you subscribe to additional products and provide your phone number. Standard text messaging rated may apply.

Notwithstanding any of the above, with respect to PHI, we typically use or share PHI for treatment. This includes providing our Services, allowing you to obtain relevant information about your health and providing tools to manage it, personalizing our recommendations for better management of your health and wellness (including through our community learning tools, Apple’s HealthKit, etc.) or sending you reminders based on your location and activity (including through SDKs).  We may also use or share your PHI to run our organization.  This includes setting up your account, identifying and authenticating your access to certain features of the Services, communicating with you in order to keep you informed of our latest updates and features and performing research or conducting analytics in order to improve and customize our Services to our users’ needs and interests.  We can also use and share your PHI to bill for your services.

With whom we share the information we collect

We do not rent, sell or share your Personal Information with third parties except as described in this Privacy Policy.

We may transfer or share Personal Information, including PHI, to our subsidiaries, affiliated companies, subcontractors, your coach or mental health service provider (if you use our Dario powered by wayForward Services); SDKs or such other trusted third parties and/or service providers or partners (who may be located in various countries across the world) to perform services for us on our behalf.

In addition, under your specific acknowledgment and consent, we may share your Personal Information and PHI with third party service providers in the healthcare ecosystem, such as hospitals, physicians, insurance companies, coaching services providers and others to allow them to obtain a holistic view of your needs and interests. Please note that under such consent, we may disclose to third party service providers in the healthcare ecosystem all relevant Personal Information and PHI that you share with us on an ongoing basis through the Services.

Please note: When we share PHI with third parties, such information is either anonymized or encrypted (as required by applicable laws) in order to effectively protect personal and/or health related information of users.  To the extent PHI is shared with third parties, the third parties must first agree to be bound by HIPAA privacy and security protections.

We may also share Personal Information, including PHI, or any information you submitted via the Services, if we have a good faith belief that the sharing of such information is helpful or reasonably necessary to: (i) comply with any applicable law, regulation, legal process or governmental request; (ii) enforce our policies (including our Agreement), including investigations of potential violations thereof; (iii) investigate, detect, prevent, or take action regarding illegal activities or other wrongdoing, suspected fraud or security issues; (iv) establish or exercise our rights to defend against legal claims; (v) prevent harm to the rights, property or safety of us, our users, yourself or any third party; or (vi) collaborate with law enforcement agencies or in case we find it necessary in order to enforce intellectual property or other legal rights.

With respect to PHI, you have both the right and choice to tell us to share information with your family, close friends or others involved in your care and to share information in a disaster relief situation.  If you are unable to tell us your preference (for example, if you are unconscious), we may go ahead and share your PHI if we believe it is in your best interest.  We may also share your PHI when needed to lessen a serious and imminent threat to health or safety.  We will never share your PHI for marketing purposes or sell your PHI, unless you give us written permission.

We are allowed or required to share your PHI in other ways that contribute to the public good (such as public health and research), provided we meet many conditions under HIPAA before doing so.  These disclosures include those that help with public health and safety issues (such as preventing disease, helping with recalls, reporting adverse reactions, suspected abuse, neglect or domestic violence or preventing or reducing a serious threat to anyone‘s health or safety).  We can also share your PHI for health research or if state or federal laws require it, to respond to court or administrative orders or to address workers’ compensation, law enforcement and other government requests.  In addition, we may share your PHI to respond to organ and tissue donation requests or to work with a medical examiner, coroner or funeral director.

Information shared through HealthKit

You may instruct us to share information (including Personal Information and PHI) with systems such as Apple Inc.’s HealthKit and to access and collect information from those systems, for the purpose of improving the Services which we provide to you. If you grant our App access to HealthKit, our App can add information such as glucose measures and carbs, amongst other data, to HealthKit. Dario is in no way responsible for the protection of data and information stored within the Apple HealthKit database. It is strongly recommended that you review Apple’s applicable policies and procedures before synching and backup your Apple HealthKit data (e.g. Apple’s privacy policy can be found here). You can remove access at any time either inside our App or inside the Apple Health app.

We do not use or share with third parties any information gained through the use of the HealthKit for advertising or similar services, other than for purposes of improving health or for purposes of health or medical research and, with respect to PHI, only to the extent permitted under HIPAA.

Third party collection of information

Our policy only addresses the use and sharing of information we collect from you. To the extent that you share your information with other parties via our Services (e.g. by clicking on a link to any other website or location) or via other sites throughout the internet, different rules may apply to their use or sharing of the information that you disclose to them.  We shall have no liability whatsoever with respect to such third party sites and services and your usage of them.

User Rights and Choices

You can access, update, and delete certain Personal Information by logging into your user account. If you have questions about Personal Information we have about you, please email us at dpo@mydario.com or call us at 1-800-895-5921. You can opt-out of receiving marketing and promotional e-mails from Dario by using the opt-out or unsubscribe feature contained in the e-mails. Please note that even if you unsubscribe from our marketing mailing list, we may continue to send you Service-related updates and notifications. If you wish to unsubscribe from marketing text message communications, you may respond to any marketing message from us with a STOP or similar command.

EEA users:

This section applies to all Personal Information (or “personal data”) collected by us from users and customers in the European Economic Area (“EEA”), the United Kingdom, and Switzerland. The processing of Personal Information is governed by the General Data Protection Regulation (“GDPR”) in the EEA, and similar data privacy laws in the United Kingdom and Switzerland. These laws require us to provide certain information regarding our processing of your Personal Information.

  • Our Processing of Personal Information: Unless otherwise stated, we are the data controller of Personal Information you provide to us, and the purposes of our processing of Personal Information are described in this Policy and outlined below.  We may also process Personal Information on other bases permitted by the GDPR and applicable laws. In general, we process Personal Information on the following legal grounds:
    • Providing our products and services to you or performing a contract we have with you: In certain circumstances, we need your Personal Information to comply with our contractual obligation to deliver products you order from us and to provide our Services. For example, if you buy our products from us, we must collect certain information, including Personal Information from you. Similarly, we need your name and contact details so that we can communicate with you and deliver the products to you. In this case, your Personal Information is necessary to provide you with the Services.
    • When the processing is necessary for purposes of our legitimate business interest in conducting our business: For example, we have a legitimate interest in communicating information about our company and (subject to marketing authorizations) our commercial products, events, and company initiatives; and improving our website content and functionality. We take into account any risks to your fundamental rights and freedoms in assessing these purposes (including your right to privacy);
    • When the processing is necessary for us to comply with our legal obligations; and
    • When you give us the consent to process your Personal Information.
  • Categories of Personal Information: All categories of Personal Information collected and processed by us are described in this Policy.
  • Health and other Special Categories of Personal Information: To the extent that Personal Information we collect is health data or another special category of personal data subject to the GDPR, we ask for your explicit consent to process such data. We obtain this consent separately when you take actions leading to our obtaining the data, for example, when you pair your device to your account. You may be able to use your account settings and tools to withdraw your consent at any time, including by stopping use of a feature, removing our access to a third-party service, unpairing your device, or deleting your data or your account.
  • Recipients of Personal Information: We use various service providers to manage our website, help us fulfill product orders, and assist us as described in this Policy.  Our service providers change from time to time.  Note that we require our service providers to treat your Personal Information in a manner that is consistent with this Policy. If you would like specific information about our service providers who have received your Personal Information, please contact us at dpo@mydario.com and we will provide that information to you.
  • Transfers of Personal Information outside of the EEA: We are based in the U.S. and that’s where we process Personal Information.  When you provide Personal Information to us, we transfer that Personal Information to the U.S. We treat the Personal Information of EEA users in accordance with this Policy.  We take appropriate steps to protect your privacy and implement reasonable security measures to protect your Personal Information in storage. We also enter into contracts with our data processors that require them to treat Personal Information in a manner that is consistent with this Policy.
  • Personal Information retention: We retain Personal Information so long as it is necessary for the purpose for which it was collected, and delete Personal Information after it is no longer needed for these purposes.  This does not affect your right to request that we delete your Personal Information before the end of its retention period.  We may archive Personal Information (which means storing it in inactive files) for a certain period of time prior to its final deletion, as part of our ordinary business continuity procedures.
  • Your rights:
    • You have the right to access to your Personal Information, to have it corrected if the Personal Information we have is incorrect, to request that we restrict or delete your Personal Information, and to object to our processing of your Personal Information. Your rights may be subject to various limitations under applicable privacy laws.  If you wish to exercise any of these rights, or if you have any concerns about our processing of your Personal Information, please contact us at dpo@mydario.com.
    • You have the right to file a complaint concerning our processing of your Personal Information with your national data protection authority.
    • You have the right to file a complaint with a competent data protection supervisory authority, in particular in the EU Member State where you reside, work or the place of the alleged infringement. You have the right to do so if you consider that the processing of Personal Information relating to you infringes applicable data protection laws.
  • Workplace Options:

Some of our global users may have access to services provided by WorkPlace Options LLC (“WPO”).  Please note that WPO is an independent third party.  If you provide Personal Information to WPO, WPO is an independent data controller of that information, and Dario has no control over WPO’s use of your information or Personal Information. Please read WPO’s privacy policy carefully for information about how WPO’s uses your Personal Information. If you wish to exercise of your rights under applicable data protection laws with respect to Personal Information that you have provided to WPO, please contact WPO to exercise those rights.

California residents:

If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, visit the Privacy Notice for California Residents.

How to Exercise Your Rights; Complaints:

If you wish to exercise any of your rights with respect to your Personal Information, or raise a complaint regarding how we have handled your Personal Information or PHI, please contact us at dpo@mydario.com.

In addition, if you believe your privacy rights with respect to PHI have been violated, or if you are dissatisfied with our privacy practices or procedures regarding your PHI, you may file a complaint with the U.S. Department of Health and Human Services by sending a letter to U.S. Department of Health and Human Services Office for Civil Rights, 200 Independence Avenue, S.W., Washington, D.C. 20201, calling 1-877-696-6775 or visiting www.hhs.gov/ocr/privacy/hipaa/complaints/. We will not retaliate against you for filing a complaint.

Other State-specific Disclosures

California residentsWe do not respond to Do Not Track requests or signals at this time.  California’s “Shine the Light” law (Civil Code Section 1798.83 permits California residents to request certain information regarding our disclosure of “personal information” (as defined in the Shine the Light law) to third parties for their direct marketing purposes. We do not share your “personal information” with third parties for their own direct marketing processes.

Nevada residents:   Nevada residents can opt out of the sale of their Personal Information.   We do not sell Personal Information today, and we do not have plans to sell Personal Information in the future.   However, Nevada residents have the legal right to opt out of the sale of their Personal Information, even if their information is not currently being sold.  You may opt out by emailing a request to dpo@mydario.com.  In your request, please specify that you wish to “Opt-out of Sale of Personal Information in Nevada.”   Please allow 60 days for a response.

Retention

We will retain your personal information for the duration required to provide our services, and as necessary to comply with our legal obligations, resolve disputes and enforce our policies. Retention periods will be determined taking into account the type of information that is collected and the purpose for which it is collected.

How do we safeguard and transfer your information?

We take great care in implementing and maintaining the security of the Services and your Personal Information in accordance with the requirements of all applicable laws (including with requirements under HIPAA). We have implemented appropriate administrative, technical, and physical security procedures to help protect the Personal Information you provide to us.  However, the Internet is not a risk-free environment, and we cannot guarantee the security of information you submit via our Services while it is in transit over the Internet, and any such submission is at your own risk.

As an additional safeguard to your Personal Information, the Company employs a Data Protection Officer (“DPO”).  The DPO also serves as our HIPAA privacy officer.

Since we operate globally, we may be required to transfer your Personal Information to countries outside of the United States. The data protection and other laws of these countries may not be as comprehensive as those in the United States − in these instances we will take steps to ensure that a similar level of protection is given to your Personal Information. You hereby consent to transfer of your Personal Information to countries outside the United States.

Affiliates and corporate transaction

We may share your information, including your Personal Information and PHI, with any subsidiaries, joint ventures, or other companies under our common control (collectively, “Affiliated Companies”). We may share Information, including Personal Information and PHI, in the event of a corporate transaction (e.g. sale of a substantial part of our business, merger, consolidation or asset sale) or steps taken in anticipation of such events (e.g., due diligence in a transaction). In the event of the above, our Affiliated Companies or acquiring company will assume the rights and obligations as described in this Privacy Policy and, with respect to PHI, under HIPAA.

Minors

The Services are not designed for the use by children under 13 years of age.  However, users in the EEA must be 16 years of age, and users of our Dario powered by wayForward and Upright services must be at least 18 years of age. If you have reason to believe that a child under the age of 13 (or under the age of 16 in the EEA) has provided Personal Information to us through the use of any of the Services without the consent of their parent or legal guardian, you should immediately contact us and we will endeavor to delete that information from our records.

Additionally, no information should be submitted to or posted to any of the Services by users under 18 years of age without the consent of their parent or legal guardian. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide Personal Information and PHI on any of the Services without their permission.

Updates or Amendments to the Privacy Policy

We may revise this Privacy Policy from time to time. We will make the revised Privacy Policy accessible through the Site or our Services, so you should review the Privacy Policy periodically. You can know if the Privacy Policy has changed since the last time you reviewed it by checking the “Last Revised” date included at the beginning of the document. If we make a material change to the Privacy Policy, we will provide you with notice in accordance with legal requirements.  Your use of the Services following any such change constitutes your acceptance of the revised Privacy Policy.

How to contact us

If you have any general questions about the Services or our privacy practices in general, please contact us at

DarioHealth
Customer Support
142 W. 57th Street, 11th Floor
New York, NY 10019

Email: dpo@mydario.com .

Toll-Free: 1-800-895-5921

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