Lively, Inc. Privacy Policy

Version 3.0

Last Revised: April 1, 2019

At Lively, Inc. (“Lively”, “we”, or “us”), your privacy is important to us. We have prepared this Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our website, located at https://livelyme.com/, our mobile application (“Application”), and our widgets (collectively, the “Site”) and online services (“Services”). By using our Site and Services, you consent to this Privacy Policy, including your consent to our use and disclosure of information about you in the manner described in this Privacy Policy.

  1. Questions; Contacting Lively; Reporting Violations. If you have any questions or concerns or complaints about our Privacy Policy or our data collection or processing practices, or if you want to report any security violations to us, please contact us:

    Lively, Inc.

    Attn: Legal

    301 Howard St. #550,

    San Francisco, CA 94105

    Phone: 1-888-576-4837

  2. User Consent. By submitting Personal Data through our Site or Services, you agree to the terms of this Privacy Policy and you expressly consent to the collection, use and disclosure of your Personal Data in accordance with this Privacy Policy. A Note About Children. We do not intentionally gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Lively and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at support@livelyme.com.

  3. A Note About Children. We do not intentially gather Personal Data from visitors who are under the age of 13. If a child under 13 submits Personal Data to Lively and we learn that the Personal Data is the information of a child under 13, we will attempt to delete the information as soon as possible. If you believe that we might have any Personal Data from a child under 13, please contact us at support@livelyme.com.
  4. A Note to Users Outside of the United States. If you are a non-U.S. user of the Site, by visiting the Site and providing us with data, you acknowledge and agree that your Personal Data may be processed for the purposes identified in the Privacy Policy. In addition, your Personal Data may be processed in the country in which it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. By providing your Personal Data, you agree to such transfer, storing or processing.
  5. Purposes of Processing.

    What is Personal Data?

    We collect information about you in a range of forms, including Personal Data. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, telephone number, e-mail address, as well as any other non-public information about you that is associated with or linked to any of the foregoing data. For purposes of this Privacy Policy, “Personal Data” also includes Non-Public Information, as that term is defined in the Gramm-Leach-Bliley Act of 1999 (“NPI”) and Protected Health Information, as that term is defined in the Health Insurance Portability and Accountability Act of 1996 (“PHI”). “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not, by itself, permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.

    Why do we need your Personal Data?

    We will only process your Personal Data in accordance with applicable data protection and privacy laws. We need certain Personal Data in order to provide you with access to the Site and/or the Services. If you registered with us, you will have been asked to check a tick box indicating your agreement to provide this data in order to access our Services and view our content. This consent provides us with the legal basis we require under applicable law to process your Personal Data. You maintain the right to withdraw such consent at any time. If you do not agree to our use of your Personal Data in line with this policy, please do not use our Site or Services

  6. Types of Data We Collect.

    (a) Information You Provide to Us.

    • We may collect the following data, which may include Personal Data, from you when you create an account to log in to our network (“Account”):
    • Name
    • Physical Address
    • Mailing Address
    • Social Security
    • Number Employer Identification Number (EIN)
    • Date of Birth
    • Email Address
    • Phone Number
    • Gender
    • Health plan information
    • Beneficiary Information
    • Dependent information
    • Receipts for medical expenses, which may contain PHI
    • Existing Health Savings Account information (for rollover purposes)
    • HSA-related investment account information
    • Personal bank account information
    • If you use our Services on your mobile device, including through our Application, we may collect your phone number and the unique device id number.
    • If you tell us where you are (e.g., by allowing your mobile device to send us your location), we may store and use that information to provide you with location-based information and advertising. If you want to deactivate this feature, you can deactivate GPS on your mobile device.
    • Our Site may let you store preferences like how your content is displayed, your location, safe search settings, and favorite widgets. We may associate these choices with your ID, browser or the mobile device, and you can edit these preferences at any time.
    • When connecting to our Services via a service provider that uniquely identifies your mobile device, we may receive this identification and use it to offer extended services and/or functionality.
    • Certain Services, such as two-factor authentication, may require our collection of your phone number. We may associate that phone number to your mobile device identification information.
    • We retain information on your behalf, such as files and messages that you store using your Account.
    • If you provide us with feedback or contact us via e-mail, we will collect your name and e-mail address, as well as any other content included in the e-mail, in order to send you a reply.
    • When you post messages on the message boards of our Site, the information contained in your posting will be stored on our servers and other users will be able to see it.
    • When you participate in one of our surveys, we may collect additional profile information.
    • We also collect other types of Personal Data that you provide to us voluntarily, such as your operating system and version, product registration number, and other requested information if you contact us via e-mail regarding support for the Services.
    • We may also collect Personal Data at other points in our Site that state that Personal Data is being collected.

    (b) Information Collected via Technology.

    • Information Collected by Our Servers. To make our Site and Services more useful to you, our servers (which may be hosted by a third party service provider) collect information from you, including your browser type, operating system, Internet Protocol (“IP”) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
    • Log Files. As is true of most websites, we gather certain information automatically and store it in log files. This information includes IP addresses, browser type, Internet service provider (“ISP”), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to analyze trends, administer the Site, track users’ movements around the Site, gather demographic information about our user base as a whole, and better tailor our Services to our users’ needs. For example, some of the information may be collected so that when you visit the Site or the Services again, it will recognize you and the information could then be used to serve advertisements and other information appropriate to your interests. Except as noted in this Privacy Policy, we do not link this automatically-collected data to Personal Data.
    • Cookies. Like many online services, we use cookies to collect information. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the website. We may use both session Cookies (which expire once you close your web browser) and persistent Cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our Site. This type of information is collected to make the Site more useful to you and to tailor the experience with us to meet your special interests and needs.
    • Pixel Tags. In addition, we use “Pixel Tags” (also referred to as clear Gifs, Web beacons, or Web bugs). Pixel Tags are tiny graphic images with a unique identifier, similar in function to Cookies, that are used to track online movements of Web users. In contrast to Cookies, which are stored on a user’s computer hard drive, Pixel Tags are embedded invisibly in Web pages. Pixel Tags also allow us to send e-mail messages in a format users can read, and they tell us whether e-mails have been opened to ensure that we are sending only messages that are of interest to our users. We may use this information to reduce or eliminate messages sent to a user. We do not tie the information gathered by Pixel Tags to our users’ Personal Data.
    • Collection of Data by Advertisers. We may also use third parties to serve ads on the Site. Certain third parties may automatically collect information about your visits to this and other websites, your IP address, your ISP, the browser you use to visit our Site (but not your name, address, e-mail address or telephone number). They do this by using Cookies, Pixel Tags, or other technologies. Information collected may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage and visitation of our Site and the other sites tracked by these third parties. This policy does not apply to, and we are not responsible for, Cookies or Pixel Tags in third party ads, and we encourage you to check the privacy policies of advertisers and/or ad services to learn about their use of Cookies and other technologies. You may opt out of receiving interest-based advertising from some of our partners by emailing support@livelyme.com. If you would like more information about this practice and to know your choices about not having this information used by these companies, click here: http://www.aboutads.info/choices or http://www.networkadvertising.org.
    • How We Respond to Do Not Track Signals. We do not currently respond to “do not track” signals or other mechanisms that might enable Users to opt out of tracking on our Site.
    • Mobile Services. We may also collect non-Personal Data from your mobile device. This information is generally used to help us deliver the most relevant information to you. Examples of information that may be collected and used include your geographic location, how you use the Site and Services, and information about the type of device you use. This information is sent to us as aggregated information and is not traceable to any individual and cannot be used to identify an individual.
    • Analytics Services and Interest-Based Advertising. In addition to the tracking technologies we place, other companies may set their own cookies or similar tools when you visit our Site. This includes third party analytics services, including but not limited to Google Analytics (“Analytics Services”), that we engage to help analyze how users use the Site, as well as third parties that deliver content or offers. We may receive reports based on these parties’ use of these tools on an individual or aggregate basis. We use the information we get from Analytics Services only to improve our Site and Services. The information generated by the Cookies or other technologies about your use of our Site and Services (the “Analytics Information”) is transmitted to the Analytics Services. The Analytics Services use Analytics Information to compile reports on user activity. The Analytics Services may also transfer information to third parties where required to do so by law, or where such third parties process Analytics Information on their behalf. Each Analytics Services’ ability to use and share Analytics Information is restricted by such Analytics Services’ Terms of Use and Privacy Policy. By using our Site and Services, you consent to the processing of data about you by Analytics Services in the manner and for the purposes set out above. For a full list of Analytics Services, please contact us at support@livelyme.com. We may also partner with ad companies to support out marketing efforts, including by serving you ads better tailored to your likely interests. If you don’t want to take advantage of these services, you may be able to opt-out by visiting http://www.aboutads.info/ or http://networkadvertising.org/choices/ , or if you are located in the EU, http://www.youronlinechoices.eu/.

    (c) Information Collected from Third Party Companies. We may receive Personal and/or Anonymous Data about you from companies that provide our Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our Site. These third party companies may supply us with Personal Data. We may add this information to the information we have already collected from you via our Site in order to improve the Services we provide.

    (d) Information Collected from Employers, Payroll Companies or Health Plans. If your Account was established by your employer or your health plan, they may have requested that we set up a communication channel whereby you can log into Lively’s portal (known as single sign on) or access your Account information through their site without entering your user name and password again. Your employer or health plan also may have contracted with another vendor that provides additional services, such as personal health care costs management, that allows you to log into Lively’s portal or access your Account through that vendor’s website, also without entering your Lively username and password. When you use those websites to sign into Lively’s portal or access your Account, you are authorizing Lively’s system to pass on certain information, such as your account balances, to those systems.

    (e) Location Information. When you use our Site and Services, we may collect and process location information. If you do not want this information collected by us, you can disable location services on your phone.

  7. Use of Your Personal Data

    (a) General Use. We use and retain your Personal Data in order to provide products and services and may, from time to time, provide such information to nonaffiliated third party service providers to perform services for or functions on behalf of us, to effect, administer, or enforce transactions authorized by you; for example,

    • To verify your identity, open and administer your Accounts and provide other financial services under the USA PATRIOT Act;
    • To open and administer your Accounts and provide other financial services;
    • To make payments to medical service providers;
    • To provide you any health insurance information, if applicable;
    • To help us protect you and us from financial loss;
    • To prepare account statements; and
    • To prepare annual tax reporting information, if applicable.

    In addition, we will collect and store the following:

    • Names and other identifying information of the dependents that are covered by your Account;
    • Names and other identifying information of people authorized by you to use your Account
    • Names and other identifying information of people authorized by you to access your Account; and
    • Transactions with us such as your Account balance, fees, payments, withdrawals, deposits/contributions and the identity of persons to whom you make payments, including health care providers.

    (b) User Testimonials and Feedback. We often receive testimonials and comments from users who have had positive experiences with our Services. We occasionally publish such content. When we publish this content, we may identify our users by their first and last name and may also indicate their home city. We obtain the user’s consent prior to posting his or her name along with the testimonial. We may post user feedback on the Site from time to time. We will share your feedback with your first name and last initial only. If we choose to post your first and last name along with your feedback, we will obtain your consent prior to posting you name with your feedback. If you make any comments on a blog or forum associated with your Site, you should be aware that any Personal Data you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the personally identifiable information you choose to submit in these blogs and forums.

    (c) Creation of Anonymous Data. We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to analyze request and usage patterns so that we may enhance the content of our Services and improve Site navigation. We reserve the right to use Anonymous Data and aggregated and other de-identified information for any purpose and disclose Anonymous Data to third parties in our sole discretion.

  8. Financial Institution Data. Lively uses Plaid Technologies, Inc. (“Plaid”) to gather your data from financial institutions. By using our service, you grant Lively and Plaid the right, power, and authority to act on your behalf to access and transmit your personal and financial information from the relevant financial institution. You agree to your personal and financial information being transferred, stored, and processed by Plaid in accordance with the Plaid Privacy Policy https://plaid.com/legal

  9. Disclosure of Your Personal Data. We disclose your Personal Data as described below and as described elsewhere in this Privacy Policy.

    (a) Third Parties Designated by You. When you use the Services, the Personal Data you provide will be shared with third parties that you or your employer designate to receive such information. Depending on the type of access you or your employer grant to such third parties, they may also be permitted to edit the information you have provided to us and to designate others to access and edit such information. You may change your settings at any time as to who has access to your information by contacting us at support@livelyme.com. We will use commercially reasonable efforts to honor your requests.

    (b) Employers. We will share your Personal Data with your employer solely for the purpose of providing the Services.

    (c) Third Party Service Providers. We may share your Personal Data with third party service providers, including reputable reference sources or reporting agencies, to: provide you with the Services that we offer you through our Site; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; for risk management and to maximize the accuracy of your information; and/or to provide other services to Lively. These third party service providers are required not to use your Personal Data other than to provide the services requested by Lively.

    (d) Affiliates. We may share some or all of your Personal Data with our parent company, subsidiaries, joint ventures, or other companies under a common control (“Affiliates”), in which case we will require our Affiliates to honor this Privacy Policy.

    (e) Corporate Restructuring. We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires our company, business, or assets, that Lively will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy.

    (f) Disclosure to Third Party Companies. We may enter into agreements with companies that provide our Services by way of a co-branded or private-labeled website or companies that offer their products and/or services on our website (“Third Party Companies”). A Third Party Company may want access to Personal Data that we collect from its customers. As a result, we may disclose your Personal Data to a Third Party Lively; however, we will not disclose your Personal Data to any Third Party Lively for the Third Party Lively’s own direct marketing purposes. The privacy policies of these Third Party Companies may apply to the use and disclosure of your Personal Data that we collect and disclose to such Third Party Companies. Because we do not control the privacy practices of Third Party Companies, you should read and understand their privacy policies.

    (g) Other Disclosures. Regardless of any choices you make regarding your Personal Data (as described below), Lively may disclose Personal Data if it believes in good faith that such disclosure is necessary (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas or warrants served on Lively; (c) to protect or defend the rights or property of Lively or users of the Site or Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Use.

  10. Third Party Websites. Our Site may contain links to third party websites. When you click on a link to any other website or location, you will leave our Site and go to another site, and another entity may collect Personal Data or Anonymous Data from you. We have no control over, do not review, and cannot be responsible for, these outside websites or their content. Please be aware that the terms of this Privacy Policy do not apply to these outside websites or content, or to any collection of your Personal Data after you click on links to such outside websites. We encourage you to read the privacy policies of every website you visit. The links to third party websites or locations are for your convenience and do not signify our endorsement of such third parties or their products, content or websites.

  11. Your Choices Regarding Information. You have several choices regarding the use of information on our Service:

    (a) Email Communications. We will periodically send you free newsletters and e-mails that directly promote the use of our Site or Services. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the e-mail you receive or by contacting us directly (please see contact information below). Despite your indicated e-mail preferences, we may send you service related communications, including notices of any updates to our Terms of Use or Privacy Policy.

    (b) Cookies. If you decide at any time that you no longer wish to accept Cookies from our Service for any of the purposes described above, then you can instruct your browser, by changing its settings, to stop accepting Cookies or to prompt you before accepting a Cookie from the websites you visit. Consult your browser’s technical information. If you do not accept Cookies, however, you may not be able to use all portions of the Service or all functionality of the Service. If you have any questions about how to disable or modify Cookies, please let us know at the contact information provided below.

    (c) Changing or Deleting Your Personal Data. Users may make changes to their Personal Data through their Accounts. For Personal Data that cannot be changed via your Account, you may contact us at support@livelyme.com to request the change. We will use commercially reasonable efforts to honor your requests. We will never delete your Personal Data unless you contact us and ask us to do so. If you completely delete all of your Personal Data, then your Account may become deactivated. We may retain an archived copy of your records as required by law or for legitimate business purposes.

    (d) Security of Personal Data and Bank Account Information. We have developed policies and procedures to keep your Personal Data confidential and secure. We restrict access to those employees and other persons who must use that information to provide services on our behalf. We maintain physical, electronic and procedural safeguards, in compliance with applicable laws, regulations and industry standards, to protect the confidentiality of the Personal Data we obtain. We require our service providers to maintain the same level of confidentiality and security that we do. We continually update and improve our security standards and procedures to help protect against anyone gaining unauthorized access to your Personal Data and to fraud.

  12. Changes to This Privacy Policy. This Privacy Policy is subject to occasional revision, and if we make any material changes in the way we use your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. Any changes to this Privacy Policy will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Service. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your Account with us. Continued use of our Site or Service, following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.