Privacy Policy

Privacy Policy

Last Updated: October 1, 2024

Introduction

Element3 Health, Inc. d/b/a Grouper, a Delaware corporation (the “Company”, “us”, “we”, or “our”) respects your privacy and is committed to protecting it through our compliance with this Privacy Policy (the “Policy”).

This Policy describes the types of information we may collect from you or that you may provide when you visit hellogrouper.com, its associated sub-domains, or any other website or mobile application on which this Policy is posted (collectively, the “Website”) and in connection with the services we provide (together with the Website, our “Services”), and our practices for collecting, using, maintaining, protecting, and disclosing that information. 

This Policy applies to information we collect:

  • On the Website.
  • In email, text, and other electronic messages between you and this Website.
  • When you create or use your account on our platform or through our applications.
  • Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this Policy.
  • Offline or through any other means.
  • From any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website.

Please read this Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website and Services. By accessing or using this Website, you agree to this Privacy Policy. This Policy may change from time to time as set forth in our Terms of Use. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Policy periodically for updates.

Type of Information We Collect

Personal Information

While using our Services, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Information”). Personally identifiable information may include, but is not limited to:

  • Email address
  • First name and last name
  • Phone number
  • Address, State, Province, ZIP/Postal code, City
  • Date of birth or age-related information
  • Benefit plan information
  • Payment information, including financial account, debit card, or credit card number information
  • Information related to your experience with or your participation in our program or Services, including information about your social fitness activities and activity groups 
  • Inferences drawn from or created based on any of the information identified above

Some of the individually identifiable information we collect or that you provide us through the Services may constitute protected health information (“PHI”) under HIPAA. To the extent information collected and stored by Grouper is considered PHI, such information is governed by HIPAA and is not covered by this Policy. 

Information You Provide to Us

The information we collect on or through our Website or in connection with our Services may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website. We may also ask you for information when you report a problem with our Website.
  • Information you provide in filling out your profile, creating an account, or using your account to access or use our program offerings or Services.
  • Information you provide by interacting with us on social media or in on-line communities, including forums that may be hosted by third-party providers.
  • Records and copies of your correspondence with us (including email addresses).
  • Information you may provide to us by email, phone, text, or other means.
  • Your search queries on the Website.
  • Your interactions with your activity groups, clubs, or associations, including posts, event RSVPs and usage of other group-related features or activities, which information may be provided to us directly from the activity groups themselves.
  • Information collected by group leaders with respect to group members with the consent of such group members (in accordance with, and as defined in, our Community Guidelines).
  • Information provided to us on your behalf by your health insurance provider, including information related to your eligibility for our program and Services.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or transmitted to other users of the Website or third parties (collectively, “User Contributions”).  

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

The information we collect automatically is statistical data and may include personal information. We may maintain such data or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.
  • Do a better job of troubleshooting issues with our Website or help you with customer support inquiries.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website. More information on cookies is available at the following sites: www.allaboutcookies.org (http://www.allaboutcookies.org/).
  • Web Beacons.  Pages of our Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-Party Use of Cookies and Other Tracking Technologies

We may use third-party service providers (“Service Providers”) to monitor and analyze the use of our Services. We use these Service Providers web analytics, cookies and pixel tags to track usage of our Website.  These services provide multiple benefits by allowing us to improve our platform, obtain aggregate reporting and metrics, improve your experience, while enabling the Service Provider to conduct tasks on our behalf. We use multiple analytics tools of various Service Providers to provide and enhance our Services.

The tools we use from Service Providers are analytics tools which allow the tracking and reporting of Website traffic to track and monitor the use of our Services. We also use these analytics services to receive information from Service Providers to review the productivity of advertisements.

You have the ability to opt out of having your activity tracked by these Service Providers by managing your cookies via your browser and turning off all cookies. You do this through your browser settings on each browser and device you use. Each browser is different, so look at its Help menu for navigation on how to modify your cookies.

To opt out of Google Analytics you must install the Google Analytics opt-out browser add-on. The add-on prevents the Google Analytics JavaScript (ga.js, analytics.js and dc.js) from sharing information with Google Analytics about visits activity.

Children’s Privacy

Our Services do not address anyone under the age of 18 (“Children”).

We do not knowingly collect personal information from anyone under the age of 18. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us.

How We Use Your Information 

We use information that we collect about you or that you provide to us, including any Personal Information:

  • To provide and maintain our Services.
  • To present our Website and its contents to you.
  • To provide you with information, products, or Services.
  • To connect you with activity groups, clubs or associations.
  • To contact and interact with Groups on your behalf or about your membership with us.
  • To fulfill your requests and facilitate your participation in Groups.
  • To provide you with access to eligible insurance plan benefits.
  • To contact and interact with your Plan(s) to facilitate your insurance plan benefits, including for reimbursement or payment purposes.
  • To fulfill any other purpose for which you provide it (for example, if you have indicated you will attend an event or workshop hosted by a Group or sponsor, or that you wish to be contacted by an individual, association, Group or sponsor).
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • To provide customer service.
  • To gather analysis or valuable information so that we can improve our Services.
  • To monitor the usage of our Services.
  • To detect, prevent and address technical issues.
  • To detect, investigate, prevent, or take action regarding possible malicious, deceptive, fraudulent, or illegal activity and other security incidents.
  • In any other way we may describe when you provide the information.
  • As we believe necessary or appropriate to protect the rights, property, or safety of Grouper, our members, or any Groups, providers or third-parties. 
  • Where we need to comply with a legal or regulatory obligation, to establish or exercise our rights, and to defend against a legal claim.
  • To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you.
  • For any other purpose described in this Privacy Policy or to which you have consented.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please contact us. For more information, see Choices About How We Use and Disclose Your Information.  We may also use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We do not sell your Personal Information as that term is commonly used. We may share users’ names, email addresses, or other personal information to or with advertisers or marketers or sellers of advertising or marketing services, including as described in the Third-Party Use of Cookies and Other Tracking Technologies section.  Such sharing of information is typically for the purpose of providing marketing or advertising services about our program or Services.   We may also disclose Personal Information that we collect or you provide as described in this Privacy Policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business.
  • Analytics and search engine providers to assist us with the improvement and optimization of our site, as further described in the Third-Party Use of Cookies and Other Tracking Technologies.
  • To 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 the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
  • To your health insurance provider. 
  • To fulfill the purpose for which you provide it (for example, if you have indicated you will attend an event or workshop hosted by a Group or sponsor, or that you wish to be contacted by an individual, association, Group or sponsor).
  • For any other purpose disclosed by us when you provide the information.
  • Otherwise with your consent.

We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company, our customers, or others.

Choices About How We Use and Disclose Your Information 

We strive to provide you with choices regarding the personal information you provide to us. The following mechanisms provide you with the following control over your information: 

  • Tracking Technologies and Advertising.  You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent.  If you disable or refuse cookies, please note that some parts of this Website may then be inaccessible or not function properly. The Company currently does not respond to Do Not Track requests.
  • Promotional Offers from the Company.  If you do not wish to have your email address/contact information used by the Company to promote Groups, our own or third parties’ products or services, you can opt out at any other time by unsubscribing or by logging into the Website.  You may also be able to adjust your user preferences in your account profile by checking or unchecking the relevant boxes or by sending us an email stating your request to privacy@hellogrouper.com or by contacting our Member Engagement team at 833-906-1700. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions or unsubscribing.
  • Third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI”) on the NAI’s website.

Applicability to United States Only

Our Services are provided only in the United States and, as such, this Policy applies only to U.S. residents.

Your Rights 

Depending on your state of residence, you may have certain rights with respect to the Personal Information we have collected about you.  For example, in some states you may have the right to access or request information about the Personal Information we have collected, or an opportunity to delete or correct your Personal Information. You may also have the right to opt out of certain uses of your Personal Information.  Please note that some of the rights may vary depending on your state of residence; these rights may also be limited in some circumstances by applicable law. You can submit a request to access, correct or delete your personal information by emailing us at privacy@hellogrouper.com.

Data Security 

We use numerous technical, administrative and physical security measures, such as data encryption, authentication, , administrative restrictions, and other organizational controls to maintain the security and integrity of your Personal Information.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Links to Other Sites

Our Website may contain links to other sites that are not operated by us. If you click a third party link, you will be directed to that third party’s site. We strongly advise you to review the privacy policy of every site you visit.

To the extent any linked websites or apps are not owned or controlled by us, we are not responsible for their content, any use of the websites or apps, or the privacy practices of the websites or apps. We have no control over and assume no responsibility for the content, privacy policies or practices of any third party sites or services.

Data Retention

We retain your Personal Information for as long as necessary to not only fulfill the purposes described in this Policy, but to provide our Services to you. We also retain all data as required and permitted by applicable law.

Changes to Our Privacy Policy   

It is our policy to post any changes we make to our Privacy Policy on this page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and/or through a notice on the Website home page. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this Privacy Policy to check for any changes.

Contact Information   

To ask questions or comment about this Privacy Policy and our privacy practices, contact us at: privacy@hellogrouper.com.