Last Updated: August 6, 2024

Limber is committed to protecting and respecting your privacy.

This Privacy Policy describes how we collect, use, protect and share information about you, as an individual, that we obtain when you access and use our Platform (defined below), including when you register for and use the App, submit information and updates about your condition, participate in contests or promotions, or submit questions or feedback. This privacy policy also governs the collection and use of information when you use our website or any of our Apps, as a part of our Platform, although we may provide additional notice and choice options within the App itself.

In addition, this Privacy Policy applies to information that we obtain when you communicate or interact with us outside of the Platform, including by e-mail, telephone and otherwise.

For purposes of this Privacy Policy, the following defined terms mean:

“App” refers to the downloadable application entitled “Limber Health Home Exercise” (including a mobile application) owned or operated by us. References to the “App” include any and all features, functionality, tools and content available on or through each such application.

“Content” refers to any and all information, videos, text, photos and other content provided or made available by Limber Health, Inc. on or through the Platform, including information, videos, text, photos and other content relating to physical conditions and/or exercise regimens.

“Limber” “we,” or “us” refer to Limber Health, Inc. and our officers, directors, employees, contractors and agents. To the extent applicable, they also refer to our affiliates, service providers and licensors, and their respective officers, directors, employees, contractors and agents.

“Platform” refers, collectively, to any and all Websites, Apps and Content made available to you by Limber, including any related services and promotions, and any software and technology used to provide any of the foregoing.

“Users” means any and all persons that access or use the Platform. References to “access” and/or “use” of the Platform (and any variations thereof) include the acts of accessing or browsing the Platform, and accessing or using the Content.

“Website” refers to any website owned or operated by Limber (including the websites currently located at ). References to the “Website” include any and all features, functionality, tools and content available on or through each such website.

Please read this Privacy Policy carefully to understand how we will treat your information before you access or use our Platform or communicate with us outside of the Platform.

BY ACCESSING OR USING OUR PLATFORM OR COMMUNICATING WITH US OUTSIDE OF THE PLATFORM, YOU ARE ACCEPTING AND CONSENTING TO THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY, WHICH MAY BE UPDATED AND AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THE TERMS OF THIS PRIVACY POLICY, YOU MUST NOT ACCESS OR USE OUR PLATFORM OR COMMUNICATE WITH US.

HOW WE COLLECT INFORMATION

Information You Provide to Us:

We collect and store information in an electronic format that you provide directly to us, including when you register for the App, submit information and updates about your condition, when you respond to a survey, contact us with questions or comments, or provide other feedback. This information includes first and last name, email address, and date of birth.

If you do not provide us with information, you will be unable to access and use the Platform.

We will not ask for or request information such as government identifiers, or financial information, except in connection with payment. Please do not provide this information to us, including through emails, feedback forms or otherwise.

Information Collected While Using Our Platform:

We also collect and store certain technical information when you access, browse and use our Platform. This technical information helps us operate our Platform and provide access to you, and includes standard information about visits and system capabilities, such as:

information about the device(s) you use to access our Platform, including MAC address, IP address, browser type and version, location, time zone setting, browser plug-in types and versions, operating system and platform, device type, and device identifiers;
information about your visits to the Platform and Content, including the full URL clickstream to, through, and from the Platform (including date and time);
information we need and use to facilitate your use of our Platform (including to provide access to third-party websites and services), such as URL requests, destination IP addresses, or device configuration details;
pages you view, Content you select to view, length of time viewing content; and
page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), your engagement with certain variable/dynamic elements of a page and methods used to browse away from the page.

We may also collect information using cookies and beacons. (See Cookies and Beacons below.)

Information Collected from Other Sources:

On occasion, we may combine or compare data we have collected from you with information collected from other third-party sources and add it to the information you have provided.

Third parties that are unaffiliated with us may also collect information about you, including tracking your browsing history, when you use our Platform. We do not have control over these third-party collection practices and advise you to adjust the settings of your browsers or install plug-ins and add-ins if you wish to minimize these third-party collections.

HOW INFORMATION MAY BE USED

We collect and may use and disclose any of your information we collect, to:

allow us to operate our Platform, including payment processing, Platform administration, internal operations, troubleshooting, data analysis, testing, research, statistical and survey purposes;
manage your access to our Platform;
send you information that enables you to use our Platform;
contact you directly about activity on your account;
create reports for our affiliates, licensors, service providers and Users or prospective Users that may include aggregate information about the use of various aspects of the Platform;
comply with laws and regulations;
carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including billing and collection;
notify you about changes to our Platform;
protect the integrity and maintain the security of our Platform, including secured areas of the Platform;
in any other way that we describe when you provide the information;
other third parties with your express consent. For example, Limber may make use of and/or allow you to connect your Limber account with third party apps, such as the Apple Health App (“HealthKit”) and Google Fit. You can choose to connect and share information with these third party apps and allow Limber to read health activities information (e.g. steps) within your HealthKit and Google Fit accounts. Limber uses this information to better understand your activity levels, so that your health provider can help guide better health outcomes. You can remove access to your HealthKit or Google Fit account at any time by uninstalling the Limber app. You can also remove access by managing your connections in HealthKit or Google Fit; and
for any other purpose for which you may provide consent.

In some cases, how we treat and use information will depend on the type of information. Some of the information we collect through your use of our Platform or communications with us, such as your name, phone number, e-mail address may personally identify you. We will treat this information as “Personally Identifiable Information.” We will also treat as Personally Identifiable Information any non-identifiable information that is combined with Personally Identifiable Information.

We may use your information, including Personally Identifiable Information, to:

respond to your requests, feedback or questions, including by telephone, text (SMS) or email;
provide you with information about Content, products or services, from us or third parties, that may interest you; and send you emails about updates, information, or alerts regarding our Platform; and
as otherwise permitted under any applicable laws.

We may use technical information or non-Personally Identifiable Information to:

evaluate and improve our Platform and present content in the best way for you and for your device(s);
serve advertisements on or through our Platform; and
measure or understand the effectiveness of advertising we serve to you and other Users like you, and to deliver relevant advertising to you and other Users like you.

We may also combine technical information or non-Personally Identifiable Information about your use of our Platform with similar information that we obtain from other Users to use in an aggregate or anonymous manner for similar purposes.

We may use your Personally Identifiable Information and/or non-Personally Identifiable Information for research purposes. The use of information for research, may utilize de-identified forms of your Personally Identifiable Information and/or non-Personally Identifiable Information. The research may be designed to improve healthcare quality, identify trends or patterns, or other purposes identified in the design of the study. By using our Platform, you consent to the use of your information for these purposes. Any use of information for research will be done in accordance with applicable legal or regulatory requirements.

HOW INFORMATION MAY BE SHARED

We will not sell your Personally Identifiable Information to or share your Personally Identifiable Information with third parties for the third party’s own direct marketing purposes without your express consent.

We may share information, including Personally Identifiable Information, with our licensors, service providers and agents to the extent reasonably necessary to operate and provide our Platform to you. For example, we use a third-party provider for email and cannot communicate with you by email without disclosing your email address to our third-party email provider. We do not permit these third parties to use any information we share for any purpose other than to support us and our efforts to operate and provide our Platform to you.

We may share any information, including Personally Identifiable Information with:

our subsidiaries and affiliates;
our service providers and subcontractors to the extent reasonably necessary to enable us operate and provide our Platform to you;
a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personally Identifiable Information held by us about our Users is among the assets transferred;
you, upon your written request

We may also disclose your Personally Identifiable Information:

to comply with any court order, law or legal process, including to respond to any government or regulatory request;
to investigate potential unauthorized access or misuse of our Platform or otherwise enforce our Terms of Use or other agreements; to protect our assets or rights, including for billing and collection purposes;
if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Limber, our Users or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction; and
for any other purpose disclosed by us when you provide the information.

We may share non-Personally Identifiable Information, aggregate or anonymous data:

with analytics, search engine, or other service providers that help us improve or assess the performance (including the commercial performance) of, our Platform;
with other Users or prospective Users of the Platform; and
to advertisers and advertising networks to select and serve relevant advertisements.
In the event that we receive a request from a governmental entity to provide it with your Personally Identifiable Information, we will make reasonable attempts to notify you of such request, to the extent reasonably possible and legally permissible.

COOKIES AND BEACONS

We may use cookies, beacons and similar technologies, now or in the future, to support the functionality of our Platform. This provides a better experience when you visit our Platform and allows us to improve our Content and Platform.

Browser Cookies. A browser cookie is a small file placed on the hard drive of your computer. That cookie then communicates with servers, ours or those of other companies that we authorize to collect data for us, and allows recognition of your personal computer. We associate cookies with Personally Identifiable Information only if you use the automatic recognition capabilities on restricted areas of the Platform, view Content, use the personalization services available as part of the Platform, or ask us to contact you with additional marketing information. We do not otherwise collect Personally Identifiable Information from browser cookies and we do not associate browser cookies with your Personally Identifiable Information.

You may use the tools available on your computer or other device to set your browser to refuse or disable all or some browser cookies, or to alert you when cookies are being set. However, if you refuse or disable all browser cookies, you may be unable to access certain parts or use certain features or functionality of our Platform.

You may choose whether to activate automatic recognition when you register for an account. After registration, you may disable the persistent cookie that supports recognition using the tools in your browser. If you choose to disable the cookies that support automatic recognition, you will need to re-enter your User ID and password each time you access a gated portion of the Platform.

Unless you have adjusted your browser settings so that it refuses all cookies, we may use cookies when you direct your browser to our Platform.

Our Platform and e-mails may contain small electronic files known as beacons (also referred to as web beacons, clear GIFs, pixel tags and single-pixel GIFs) that permit us to, for example, count Users who have visited those pages or opened an e-mail and for other website-related statistics. Beacons in e-mail marketing campaigns allow us to track your responses and your interests in our content, offerings and web pages. You may use the tools in your device to disable these technologies as well.

YOUR CHOICES

You may have the opportunity to receive certain communications from us related to our Platform, including marketing communications. If you provide us with your e-mail address in order to receive communications, you can opt out of marketing emails at any time by following the instructions at the bottom of our emails and adjusting your email preferences. Please note that certain emails may be necessary for the operation of our Platform. You will continue to receive these emails, if appropriate, even if you unsubscribe from our optional communications.

Some browsers support a “Do Not Track” feature, which is intended to be a signal to websites that you do not wish to be tracked across different websites you visit. Our Platform does not currently change the way they operate based upon detection of a Do Not Track or similar signal.

Please note that we cannot control how third-party websites or online services you visit through our Platform respond to Do Not Track signals. Check the privacy policies of those third parties for information on their privacy practices.

The accuracy of the information we have about you is very important. Users may update, review, or correct their information at any time by contacting us at support@limberhealth.com.

SECURING YOUR INFORMATION

The security of your information is important to Limber, and we have established reasonable administrative, technical, and physical safeguards designed to protect Personally Identifiable Information against alteration, loss, unauthorized access, use, modification or disclosure. Unfortunately, no system can guarantee complete security of your information. As a result, Limber cannot ensure or warrant the your information, including your Personally Identifiable Information, is secure from unauthorized third parties. Thus, your use of the Platform and communication with us about them is at your own risk.

You are responsible for protecting your User ID(s) and password(s) and for the security of information that you transmit to us over the internet.

CHILDREN

Our Platform is intended for use by individuals 13 years of age or older. We do not knowingly collect information from individuals under the age of 13 years without parental consent. However, if you are a parent, legal guardian, or personal representative of a minor child, you may, in compliance with the Terms of Use, use our Platform on behalf of such minor child. Any information you provide us on behalf of your minor child will be treated in accordance with this Privacy Policy. If we learn that we have received any information from an individual under the age of 13 without parental consent, we will take steps to remove the data as permitted by law. If you believe an individual under 13 years of age has provided us with Personally Identifiable Information without parental consent, please contact us at support@limberhealth.com or by postal mail at the contact information listed in the Contact section.

LINKS TO THIRD-PARTY SITES

Our Platform may contain links to third-party websites and services, including those of our partners. Please note that these websites and services may have their own privacy policies. This Privacy Policy applies to Limber and our Platform only. We do not accept any responsibility or liability for the policies or practices of any third parties. If you choose to access any websites or services linked from our Platform, please check the applicable policies before you use or submit any personal data to such website or service.

ADDITIONAL TERMS FOR USERS IN AUSTRALIA

These additional terms apply only to Australian users of the Platform. To the extent this section is in conflict or inconsistent with other provisions contained in this Privacy Policy, this section will prevail. For Australian users, we comply with the requirements of the Privacy Act 1988 (Cth) (Privacy Act) (including the Australian Privacy Principles (APPs”)) with respect to your personal information (as defined in the Privacy Act) and applicable state law.

TGA registration in Australia is sponsored by Honeysuckle Health Pty Limited, Level 1, 6 Newcomen Street, Newcastle, NSW 2300.

Health information:

We also collect and use your health information to enable your use of the Platform. The health information may be considered protected health information as defined by the Health Insurance Portability and Accountability Act of 1996 and its implementing regulations as each may be modified from time to time (“HIPAA”). We will only use your health information that is subject to HIPAA as allowed under HIPAA, as permitted in an agreement with an applicable customer, or as explained in this Privacy Policy. For one example, we may collect and use the health information you provide us when you complete the initial assessment in order to customize your program. You consent to us using your health information for these purposes and any related purposes as explained in this Privacy Policy or through your use of the Platform.

We will only collect health information directly from you or from a third party when requested by you. We will not use any health information you have provided us for marketing purposes.

To the extent that we need to comply with HIPAA, we do. However, not every use of our Platform may be subject to HIPAA. Even if HIPAA does not apply to a particular use of our Platform, we will follow the terms of this Privacy Policy and respect your rights as set out in this Privacy Policy

Access to and Correction of Your Personal Information:

You can request access to the information we hold about you. You can also ask for corrections to be made if you believe that any of your personal or health information is inaccurate, out of date, incomplete, irrelevant or misleading. You may also request information regarding whether we hold health information relating to you, the nature of that information and the main purposes for which the information is used. To do so, please contact us using the details shown below.

Where we have amended your health information, we will notify you of the amendments we have made.

Disclosures of Your Personal Information:

We may disclose your personal information and your health information to our partner Honeysuckle Health Pty Limited (Honeysuckle Health) for the following purposes:

customer support, including telephone support;

care navigation and coaching, including monitoring your adherence to sessions.

You consent to us disclosing your personal and health information to Honeysuckle Health for these purposes and for any other reasonably related purpose.

Disclosures outside of Australia:

Personal information collected from users through the Platform will be stored on servers in Australia. Before disclosing personal information to an overseas recipient, we will require the recipient to comply with the Privacy Act and APPs or we will obtain your express informed consent prior to any such disclosure.

Complaints:

If you have a question or complaint about how your personal information is being handled, please contact us first by using the contact details provided below. We will acknowledge your complaint as soon as we can after receipt of your complaint. We will respond to your complaint in a reasonable period of time (usually within 30 days). If your complaint is taking longer, we will let you know what is happening and a date by which you can reasonably expect a response.

If you are not satisfied with our response you can contact or make a complaint to the Office of the Australian Information Commissioner (OAIC) about the way we handle your personal information. If you disagree with our decision, you may refer your complaint to the OAIC. The OAIC can be contacted at:

Office of Australian Information Commissioner

GPO Box 5218

Sydney NSW 2001

Phone: 1300 363 992

Email: enquiries@oaic.gov.au

CHANGES TO OUR PRIVACY POLICY

We may change this Privacy Policy from time to time to align with changes to our business practices and/or changes to our legal requirements. If we make any changes, we will change the Last Updated date above.

Your continued use of the Platform or communication with us after the updated Privacy Policy has been posted (or any other indication of your consent) will constitute your acceptance of the updated Privacy Policy.

CONTACT

If you have questions, comments or requests relating to this Privacy Policy or the way in which we handle your personal information, please email us at support@limberhealth.com, or you may write to us at:

Limber Health, Inc.
11718 Parklawn Drive Rockville, Maryland 20854