PRIVACY POLICY

Last Updated: November 18, 2020

Previous versions are available here.

Verv Inc. and its affiliates (“Verv” or “we” or “us”),  has created this privacy statement in order to fully disclose its data practices for the Verv Website (“Website”), any Verv mobile applications (“App”), and the products and services offered and provided through the Website (“Products”).

If and as applicable, your use of any Verv Website, App, and Products is subject to this Verv Privacy Policy (“Privacy Policy”) . By using the Verv Website, App, and/or Products, You ACCEPT the practices set forth in the Privacy Policy and the Terms of Service. For this reason, please frequently refer to the Privacy Policy to ensure Your continued ACCEPTANCE of all Verv practices relating to Your Personal Data. Your continued use of any portion of the Website, App, and/or Products following the posting of an updated Privacy Policy will constitute Your full ACCEPTANCE of any changes.

TABLE OF CONTENTS

1. CHANGES TO PRIVACY POLICY

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 (if you provide us with an email address), through the Website, 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. All Personal Data that Verv collects will be handled in accordance with the Privacy Policy in effect at the time such information is collected. If the Privacy Policy changes in any significant respect in the meantime, Verv will not (without your permission) use your Personal Data in a manner that is inconsistent with the Privacy Policy in effect at the time your information is collected. 

2. PERSONAL DATA WE COLLECT ABOUT YOU

We collect the following Personal Data from you:

General Personal Data

• Contact information such as name, user ID and email address, including when you sign in with the App.
• Preferences information you provide such as product or content interests, or communication or marketing preferences.
• Usage activity about how you interact with us such as purchase history, what content you viewed, and which areas of our app you visited.
• Device and usage Information that may include data specific to your mobile device (e.g., id, make, model, type, operating system, advertising identifier and similar information); information about your use of features, functions, or notifications on the device; and signal strength relating to Wi-Fi or Bluetooth functionality, temperature, battery level, and similar technical data; mobile service carrier.
• Demographic information such as age and gender.
• Your IP address and cookies when you visit the Website. 

Personal Data about your fitness and wellbeing

• Fitness or wellbeing  information such as your weight, height, consumption of water, step count and other similar data.
• Data from third-party services such as HealthKit.

You will also have an option to permit us to import and export the App data from third-party services such as Apple HealthKit, among others. Such information may include: weight, gender, height, heartbeat rate, number of steps/distance travelled, and other information about your health. We do not use the information obtained via the HealthKit framework for advertising or similar purposes. We do not disclose any information obtained via HealthKit to third parties without your express permission. We do not sell information obtained via HealthKit to advertising platforms, data brokers or information resellers. Permitting us to access third party information can help you to maximize your App experience. 

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”. 

3. HOW WE USE YOUR PERSONAL DATA

We may use your information, including your Personal Data, and by accepting this Privacy Policy you provide us with your explicit consent, for the following purposes:

• to analyze, operate, maintain and improve the App and marketing activities, to add new features and services to the App

Example: We may process your Personal data to provide you our core functionality.

• to assess your needs to determine suitable products or services

Example: We may analyze your usage patterns to get better understanding of what kind of features you like the most.

• to send product updates or warranty information;

Example: We may use some of your contract data to notify you about our product updates.

• to respond to your comments, questions and requests and provide customer service;

Example: If you send us an email, we may use your Personal data to reply.

• to send you push notifications, both internal and external. 

Example: We may use your Personal data to inform about some changes in the App.

Note: You can disable this function in your phone settings.

• to send you marketing communications via various channels like email, pushes, pop-ups, etc.;

Example: We may use some of your contact data to send you a discount offer.

Note: You can disable this by sending us an email at support@verv.com.

• to improve our App and marketing efforts; 

Example: We may learn from your Personal data and build new features based on it.

• to conduct research and analysis, including for scientific and academic research purposes;

Example: We may use some of your data (in de-identified form) to perform academic and scientific studies.

• for any other purposes disclosed to you at the time we collect Personal Data or any other purposes indicated in this Privacy Policy.

4. YOUR PRIVACY RIGHTS

We are committed to grant you vast privacy rights, no matter where you reside and what country you are from.

Rectification of Personal Data. You are responsible for ensuring the accuracy of your Personal Data that you submit to the App. Inaccurate information will affect your experience when using the App 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@verv.com.

Restriction of Processing. You have the right to restrict processing if you contest the accuracy of the Personal Data and wish to restrict processing for a period enabling Verv to verify the accuracy of the Personal Information; you believe that the processing is unlawful and opposes the erasure of the Personal Data and instead request the restriction of the use of such data; you believe we no longer need the Personal Data for the purposes of processing, but you require the data for the establishment, exercise, or defense of legal claims; or you  object to processing pending the verification whether legitimate grounds to process the Personal Data exist and override your right to erasure. 

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 be entitled to request information about whether we have any Personal Data about you and receive a copy thereof, to access your Personal data (including in a structured and portable form, e.g. .json format).

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 applicable laws, you have right to contact us and ask us to erase such Personal Data. 

Right to object processing of your Personal Data. In some cases you may object to processing of your Personal Data. Please be aware that erasing some Personal Data inserted by you may affect your ability to use the App and its features.

Notification requirements. If required by applicable laws, we commit to notify you within a reasonable period of time and your data protection authority within the timeframe specified in applicable law about any personal data breaches in the App.

Data Protection Authorities. You may also have the right to lodge a complaint with your local data protection authority about any of our activities that you deem are not compliant with applicable law.

How to exercise your rights?

Simply reach us out at support@verv.com.

Please keep in mind that in case of a vague access, erasure, or objection request or any other request in exercise of the mentioned rights we may engage you 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.

We might also require you to prove your identity (for example, by requesting an ID or any other reasonable proof of identity, or requesting that your confirm certain data points about yourself) 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.

5. SHARING YOUR PERSONAL DATA AND INFORMATION

We will share your Personal Data and information with third parties only in the ways that are described in this Privacy Policy.

General cases. We may disclose your Personal Data:

• as required by law, such as to comply with a subpoena, or similar legal process.
• when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request.
• if we are involved in a merger, acquisition, or sale of all or a portion of its assets, you will be notified via email and/or a prominent notice on our Web site of any change in ownership or uses of your personal information, as well as any choices you may have regarding your personal information.
• to any other third party with your prior explicit consent to do so.

Sharing to make the App run. We may share some of your Personal Data with third-party service providers and processors who commit to comply with applicable laws concerning their usage of your Personal Data (for example, GDPR for the EU residents). Our third-party service providers and processors may share your Personal Data with their own third-party service providers and processors, granted they have appropriate data protection safeguards in place and they process your Personal Data consistently with the original purpose.

Here is the list of such third-party service providers and processors:

• Appsflyer. Appsflyer is a mobile marketing platform. We may share certain non-identifiable information about you and some Personal Data in order to carry out marketing activities and provide you with better and more targeted service. We share the following data with Appsflyer: your IDFA or Android advertising ID, IP address, your user sessions, device information (model, location, OS version, CPU, screen size, etc.), application information (version, build number, etc.), information on launching, updating, installing the App. Once data is collected, it is not merged with any other data for personal identification purposes. You may choose at any time that such data shall no longer be collected in the future. If so, please simply use the opt-out option of Appsflyer.
• MoPub. Mopub is a subsidiary of Twitter, Inc. and a monetization platform. We may share non-identifiable information about you and some Personal Data (but never any data related to health without your explicit consent) in order to carry out marketing and adds activities. Learn more about MoPub opt-out information here.
• FB Marketing Partner. We use FB marketing partner as our advertising partner to display advertising in our App or to manage our advertising on other sites. We are using the following Facebook services: Ads manager, Lookalike audience, Campaign Planner, Creative Hub, Business Manager, Page Posts, Ads Reporting, Monetization Manager, Pixels, Audience Insights. We use Facebook’s Software Development Kit (SDK) within our apps in order to link various Facebook services with our apps. For example, this enables users to share content from our apps within their Facebook timeline. Further information about the Facebook SDK within iOS can be found here; for Android here. We may share certain non-identifiable information about you and some Personal Data (but never any data related to health without your explicit consent) for the purposes described above, including to carry out marketing activities and provide you with better and more targeted service. We share the following data with Facebook: your IDFA or Android advertising ID, your user sessions, device information (model, location, OS version, CPU, screen size, etc.), application information (version, build number, etc.), information on launching, updating, installing the App and attribution source. Learn more about Facebook ads here. 
• Zendesk. We use Zendesk as an intermediary for user support services. Zendesk may collect some of your Personal data (like contact information) in order to connect us with you.. See more about Zendesk and its Privacy Policy.
• Firebase. Firebase is an analytics product from Google, Inc. that allows us to track crashes of the App, monitor events in the App, provide us stats regarding the use of the App. To track and analyze behavior of our App’s users (in particular, how they react to changes of the App structure, text or any other component), we also use Firebase Remote Config. Firebase Remote Config is an A/B testing and configuration service provided by Google, which also enables us to tailor the content that our App’s users see (for example, it allows us to show different onboarding screens to different users). Firebase may collect certain device identifiers in order to understand on what devices and under which circumstances particular incidents and events happen. We share the following data with Firebase: your IDFA or Android advertising ID, data on installing the App, your actions in the App (for example, tapping particular buttons like whether to receive notifications or not), including actions with additional parameters, opening particular screens, starting and cancelling a trial period, starting and cancelling subscription, passing the onboarding screen, completing registration, different technical events (for example, whether you have read a manual or not). Read about Privacy and Security in Firebase here.
• Amplitude. We use Amplitude, an analytics and marketing platform, for analytical purposes as well as to increase the efficiency of our marketing campaigns. We share the following data with Amplitude: [our IDFA or Android advertising ID, data on installing the App, your actions in the App (for example, tapping particular buttons like whether to receive notifications or not), including actions with additional parameters, opening particular screens, starting and cancelling a trial period, starting and cancelling subscription, passing the onboarding screen, completing registration, different technical events (for example, whether you have read a manual or not). You may access Amplitude privacy policy here.
• RockMyRun. We partner with RockMyRun, a music provider to integrate music services into the App. At the App start, we initialize RockMyRun’s SDK to check if it works properly. We also transmit data about your music preferences to be able to create best-matching popular music lists for your motivation. Read more info here.

Opt-out options. You can use your device settings in iOS or Android in order to stop sharing your IDFA or Android advertising ID with any third parties. In any case, unless otherwise is provided by this Section, sharing of your IDFA or Android advertising ID does not result in any advertising that might be shown to you by the above services. The use of these identifiers is strictly limited to the purposes indicated in this Section of the Privacy Policy.

You may also opt-out by sending as an email at support@verv.com. Please note that if you opt-out, this may affect your App experience.

No sale of Personal Data. Please note that we will never sell, rent, assign, transfer for consideration, loan or otherwise make available your Personal Data to third parties for any sort of consideration, whether monetary or not. We commit to transfer your Personal Data only to third parties acting on our behalf and following our instructions as service providers.

Aggregated Information. We may also share aggregated, anonymized or de-identified information, which cannot reasonably be used to identify you. 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.

6. DATA SECURITY

Security of your Personal Data is important to us. When you provide your Personal data that is considered to be sensitive or falls under “categories of special data” under applicable laws to us, we encrypt the transmission of that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Data submitted to us, both during transmission and once we receive it.

Among others, we utilize the following security measures to protect your Personal Data:

• Pseudonymization and tokenization of certain categories of your Personal Data;
• Protection of data integrity;
• Encryption of your Personal Data in transit and in rest;
• Systematic vulnerability scanning and penetration testing;
• 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.
• 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 other internationally accepted data protection principles. We also commit to undertake privacy audit in case of Company’s merger or takeover.
• Resetting your password or credentials in case we suspect a security incident or performance of other reasonable actions as may be required to mitigate any suspected security incident.

Bear in mind that no method of transmission, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our App, you can contact us at support@verv.com.

7. RETENTION AND STORAGE OF YOUR PERSONAL DATA

We will retain your Personal Data for as long as the application is installed on your mobile device or as needed to provide you service. If you remove the application from your phone or (and) deactivate your subscription, we will remove all your Personal Data within 12 months and use copies of your Personal Data only as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We retain your Personal data for the indicated period of time in order for you to be able to restore all your information and settings, if you like to return to the App. If you wish to cancel your account or request that we no longer use your information to provide you services, or wish to delete all your information and Personal Data permanently, contact us at support@verv.com.

In some cases, after we may anonymize your Personal Data in such a way that it will never identify you, actually or potentially. We may use such anonymized data for various purposes like training our AI built into the App.

We use our own servers located in the European Union (Germany) to transfer, process, and store your Personal Data.

8. CHILDREN’S PRIVACY

The Verv Website, App, and any Products available are not directed at or intended for children under 13 years of age. However, Verv recognizes that children under the age of 13 may potentially access the Website and subscribe to the newsletter, purchase software and Products, or download the Application. Parents and Legal Guardians may request Verv to review, delete or stop the collection of any personally identifiable information of their child(ren). You may do so by contacting 508 Software by email at dpo@508software.com. 

Please also note that Verv Website, App, and any Products are not directed at or intended for children from the European Union under 16 years of age. Verv Website, App, and any Products do not collect Personal Data from anyone from the EU who are under 16. If you know anyone from the EU under 16 years of age who is using Verv Website, App, and any Products, let us know at support@verv.com and we will delete such user and all Personal Data accordingly.

Please note that different age restrictions may apply depending on a country you come from.

9. DATA PROTECTION OFFICER

To communicate with our Data Protection Officer, please email at trust@verv.com.

10. CONTACTING US

General contact details. 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:

Verv Inc.

3773 Howard Hughes Parkway, South Tower, Suite 500, Las Vegas, NV 89169-6014

Email: support@verv.com

Our EU representative:

ANGOLIACO INVESTMENTS LTD

Karaiskaki, 38 KANIKA ALEXANDER CENTER, 1st floor, Office 113B

BLOCK 1, 3032, Limassol, Cyprus

E-mail: angoliaco.investments@gmail.com

11. COPYRIGHT

Copyright © 2020 Verv Inc. All rights reserved. The Website, App, Products, and all documentation are the copyrighted property of Verv Inc. and/or its licensors and protected by copyright laws and international intellectual property treaties. Verv® and related logo(s), and all related Product, App, and service names, design marks and slogans are the trademarks and/or registered trademarks of Verv Inc. and/or its affiliates. Any use of the Verv Inc. or third-party trademarks or logos without the prior written consent of Verv Inc. or the applicable trademark owner is strictly prohibited.