1. INTRODUCTION

At Whoop, Inc., including its wholly-owned subsidiaries, (collectively “NurseVital,” “us,” “we,” or “our”), our mission is to unlock human performance and healthspan. We exist to improve your life, not invade it. This should be the standard for all companies providing wearable devices. We take your privacy seriously and want you to understand how we use, collect, and share Personal Data and the measures we take to protect your Personal Data. “Personal Data” means any information that identifies you or can be reasonably linked to you, or information which is otherwise considered to be “personal information” or “personal data” under applicable laws.

This Privacy Policy applies to Personal Data we collect about NurseVital members and other consumers who interact with NurseVital or use our services, including by visiting our websites or our social media pages or by using our mobile apps, the NurseVital Strap, another NurseVital device, NurseVital Advanced Labs, or any features, content, or applications offered by NurseVital in connection therewith (collectively, the “Services”). This Privacy Policy does not cover the practices of companies or people that we do not own, control or manage. We are not responsible for the policies and practices of any third parties, and we do not control, operate, or endorse any information, products, or services that may be offered by third parties or accessible on or through the Services. For clarity, we are responsible for the data protection practices of our data processors (i.e., those processing Personal Data of which we are the controllers in relation to the Services) in accordance with the data protection laws applicable to the jurisdiction in which you reside.

Supplemental Notices. We have provided supplemental notices below for residents of certain U.S. states and individuals located in the European Economic Area, the United Kingdom, and Switzerland (collectively “Europe” or “European”), Brazil, India, Israel, Japan, Mexico, Qatar, Singapore, South Africa, South Korea, and Taiwan.

Consumer Health Data Privacy Notice. In connection with the Services, NurseVital may process health-related data that constitutes “Consumer Health Data,” as defined by applicable US state laws. To give you more detail about how we handle this type of information, we have created a supplemental Consumer Health Data Privacy Notice. 

2. HOW WE COLLECT PERSONAL DATA

We collect Personal Data about you from:

  • You, when you provide such information directly to us, such as when completing your profile, responding to a questionnaire, or communicating with us directly through customer support;
  • NurseVital Strap or another device that you wear;
  • NurseVital Coach when you interact with and receive responses from the NurseVital Coach as described in Section 8 below;
  • Automatic data collection, such as Cookies, local storage objects, web beacons, and other similar technologies in connection with your use of the Services;
  • Customers and partners, such as employers, insurance companies, coaches, teams, or other organizations that engage with our Services;
  • Marketing and advertising partners, such as companies that have entered in joint marketing relationships with us or assist us with marketing or promotional services, which may provide us with data related to how you interact with our Services, advertisements, or communications;
  • Independently licensed third-party laboratory or healthcare business partners, when you choose to participate in NurseVital Advanced Labs; 
  • Social media, other third-party platforms, and linked accounts, devices, or features, if you interact with our pages on social media sites, post content to their sites using the Services, sign into the Services through a third-party site or service, or otherwise link accounts, devices, or features to your NurseVital account; and
  • Data providers, such as information services and data licensors, when we supplement your data.

3. PERSONAL DATA WE COLLECT

We may collect the following types of Personal Data:

  • Contact details, such as your first and last name, email and mailing address, and phone number;
  • Profile data, such as username and password that you may establish to create a NurseVital account, as well as any photographs or information you choose to include in your NurseVital profile;
  • Communications that we exchange with you, including when you contact us via email, web app, or mobile app with questions, feedback, or reviews;
  • Wellness data, including but not limited to physiological metrics such as resting heart rate, heart rate variability, respiratory rate, skin temperature and blood oxygen saturation level; acceleration; metadata on workouts and sleep; the type of physical activity you engage in and the duration of your activity; data reflecting strain and recovery; your physiological profile, including birthday, gender identity, weight, height, fitness/athlete level (e.g., professional or recreational); and details you choose to submit about your habits, diet, medications, and female health tracking. We may use some of this information to customize your experience with us as part of our Services;
  • Consumer health data, including but not limited to biomarkers, lab samples, lab results, clinical notes, other health metrics. Please refer to the NurseVital Consumer Health Data Privacy Notice for more details. We do not use your consumer health data for marketing purposes, nor do we sell such data to third parties.
  • Conversations that you participate in with the NurseVital Coach, as described in Section 8 below;
  • Payment and transactional data needed to complete your orders on the website or through the Services (including name, email address, payment card information, bank account number, billing information) and your transaction history, although NurseVital does not have access to payment card numbers. Our payment processors will collect the financial information necessary to process your payments in accordance with the payment processor’s respective services agreement and privacy policy;
  • Marketing data, such as your preferences for receiving our marketing communications, and details about your engagement with them (e.g., the marketing emails that you open and the links within them that you click);
  • Device data, such as your computer or mobile device operating system type and version, manufacturer and model, browser type, screen resolution, RAM and disk size, CPU usage, device type (e.g., phone, tablet), IP Address, unique identifiers (including identifiers used for advertising purposes), language settings, mobile device carrier, radio/network information (e.g., Wi-Fi, LTE, 3G), and general location information such as city, state, or geographic area;
  • Geolocation data, such as GPS (precise geolocation), IP Address, and movement on certain exercise types if you give permission for NurseVital to do so; 
  • Online activity data, such as pages or screens you view, how long you spent on a page or screen, the website you visited before visiting our website, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.

4. COOKIES AND SIMILAR TECHNOLOGIES

NurseVital uses cookies and similar technologies such as pixel tags, web beacons, clear GIFs, and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser and tell us how and when you visit and use our Services, as well as to analyze trends, learn about our user base, and operate and improve our Services. Cookies are small pieces of data included on the Services (such as on a website or in an email) or placed on your computer, tablet, phone, or similar device when you use that device to visit our Services. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). If you live in Europe, we will obtain your (opt-in) consent prior to deploying any cookies other than cookies which are regarded under European laws as being “strictly necessary” (i.e., Essential Cookies, as described below).

Cookie Usage and Type. NurseVital uses the following Cookies:

  • Essential Cookies: Essential Cookies are required for providing you with features or Services that you have requested. For example, certain Cookies enable you to log into secure areas of our Services. Disabling these Cookies may make certain features and Services unavailable.
  • Functionality Cookies: Functional Cookies are used to record your choices and settings regarding our Services, maintain your preferences over time, and recognize you when you return to our Services. These Cookies help us to personalize our content for you, greet you by name, and remember your preferences (e.g., your region).
  • Performance/Analytical Cookies: Performance/Analytical Cookies allow us to understand how users use our Services by collecting information on how often a user engages with a particular feature of the Services. We use these aggregated statistics internally to improve the Services. Performance/Analytical Cookies also help us measure the performance of our advertising campaigns in order to help us improve our campaigns and the Services’ content for those who engage with our advertising. For example, Google, Inc. (“Google”) uses Cookies in connection with its Google Analytics services. For more information on how Google uses this information, Click here.
  • Marketing Cookies: Marketing Cookies collect data about your online activity and identify your interests so that we and our advertising partners can provide marketing that we believe is relevant to you. For more information, please see the section below titled “Interest-based advertisements.”

Online tracking opt-outs. There are a number of ways you can opt out of certain interest-based advertising and other online tracking activities, which we have summarized below.

  • Blocking Cookies in your browser. Most browsers let you remove or reject Cookies, including Cookies used for interest-based advertising. To do this, follow the instructions in your browser settings. Many browsers accept Cookies by default until you change your settings. For more information about Cookies, including how to see what Cookies have been set on your device and how to manage and delete them, visit www.allaboutcookies.org.
  • Blocking advertising ID use in your mobile device settings. Your mobile devices may offer settings that enable you to make choices about the collection, use, or transfer of your advertising ID associated with your mobile device for interest-based advertising purposes.
  • Using privacy plug-ins or browsers. You can block our websites from setting Cookies used for interest-based ads by using a browser with privacy features, like Brave, or installing browser plugins like Privacy Badger, Ghostery, or uBlock Origin, and configuring them to block third party Cookies/trackers. You can also opt out of Google Analytics by downloading and installing the browser plug-in available at: https://tools.google.com/dlpage/gaoptout.
  • Platform opt-out.
  • Google (AdWords): adsettings.google.com;
  • Microsoft (Bing): about.ads.microsoft.com/en-us/resources/policies/personalized-ads; and
  • Facebook: www.facebook.com/about/ads.
  • Advertising industry opt-out tools.
  • Digital Advertising Alliance for Websites: https://optout.aboutads.info;
  • Digital Advertising Alliance for Mobile Apps: https://youradchoices.com/appchoices; and
  • Network Advertising Initiative: https://optout.networkadvertising.org/.

You can also use these opt-out options to limit use of your information for interest-based advertising by participating companies:

Please note that some opt-out features are Cookie-based, meaning that when you use these opt-out features, an “opt-out” Cookie will be placed on your computer or other device indicating that you do not want to receive interest-based advertising from certain companies. If you delete your Cookies, use a different browser, or use a different device, you will need to renew your opt-out choice.

Opting out of interest-based advertising does not mean that you will no longer receive online ads. It only means that such ads will no longer be tailored to your specific viewing habits or interests. You may continue to see ads on and about the Services.

5. HOW WE USE PERSONAL DATA

We process and use Personal Data for the following purposes:

Service delivery, including to:

  • Provide, operate, improve, develop, understand, and personalize the Services and our business, including testing, research, analysis, and product development;
  • Satisfy the reason you provided the information to us, including for delivery of the Services and responding to and fulfilling requests;
  • Communicate with you about the Services, including Service announcements, updates, or offers;
  • Provide support and assistance for the Services;
  • Create and manage your account or other user profiles;
  • Customize website content and communications based on your preferences; 
  • Process orders, memberships, or other transactions.

Research and development. We may create and use aggregated data or de-identified Data from Personal Data we collect,  for business improvement purposes, including to analyze the effectiveness of the Services, to improve and add features to the Services, and to analyze the general behavior and characteristics of users of the Services. We also use de-identified wellness data  for research purposes to help us and our research partners answer important questions about human performance and create an even-better experience for our members by identifying cutting-edge insights and providing new content and product features.

Direct marketing and advertising. We may use data from the Personal Data we collect and certain data collected when you browse our website, to send you direct offers or other marketing messages or to advertise the Services or other NurseVital product offerings.

  • Interest-based advertising. We engage our advertising partners, including third party advertising companies and social media companies, to advertise our Services. We and our advertising partners may use Cookies and similar technologies to collect information about your interaction over time across the web, our communications, and other online services, and may use that information to serve online ads. We comply with the Digital Advertising Alliance Self-Regulatory Principles for Online Behavioral Advertising. To learn more about the industry self-regulatory programs and other information and choices about interest-based ads, please see the section above entitled “Online tracking opt-outs.”

Compliance and protection, including to:

  • Protect against or deter fraudulent, illegal, or harmful actions and maintain the safety, security, and integrity of our Services;
  • Comply with or enforce our legal or contractual obligations, resolve disputes, and enforce our Terms of Use and Terms of Sale;
  • Audit our internal processes for compliance with legal and contractual requirements and internal policies;
  • Protect our, your, or others’ rights, privacy, safety, or property (including by making and defending legal claims); and
  • Respond to law enforcement requests and as required or permitted by applicable law, court order, or governmental regulations.