For your privacy and peace of mind. It’s all covered here.
- access or use the Site (ensemble.happifyhealth.com; getensemble.com);
- register to become a Patient; and/or
- use the Happify™ Prescription Digital Therapeutics including, without limitation, the Services.
Capitalized terms not defined herein shall have the meaning set forth in the Happify Health™ Website Terms and Conditions (“Terms and Conditions”).
We will only process your Personal Information in accordance with applicable data protection and privacy laws. For the purposes of UK and EU data protection legislation, the data controller is Happify, Inc., 51 E. 12th St., Floor 5, New York, NY 10003 (United States of America).
To review Happify Health™’s GDPR Commitment, click here.
All Personal Information sent or collected via or by Happify Health™ may be stored anywhere in the world, including but not limited to, in the United States, in the cloud, our servers, the servers of our affiliates or the servers of our service providers. We will endeavor that any such transfers of Personal Information of an individual residing in the European Union outside of the European Economic Area will only be made where appropriate safeguards have been put in place.
Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Happify Health™, you consent to the storage of your Personal Information in these locations.
You may also have the right to make a GDPR complaint to the relevant Supervisory Authority. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en
1. Information We Collect
We collect three basic types of information and data: Personal Information, non-Personal Information, and aggregate data. The types of Personal Information we may collect and our privacy practices depend on the nature of the relationship you have with Happify Health™ and the requirements of applicable law. We endeavor to collect information only relevant for the purposes of processing.
2. Personal Information Collected
The data we collect from or about Individuals include information that may be deemed Personal Information such as name, address, age, birth date, and email address. In addition, if you participate in certain services, we may collect information regarding your medications, medical history and other healthcare-related information, including, without limitation, Protected Health Information (collectively, "Health Information"), from you or others. Any Health Information that is tied to an Individual's Personal Information will be treated as Personal Information, provided that any Protected Health Information will be protected in accordance with the requirements of HIPAA, if applicable.
- when you register to have access to the Site;
- when you access the Site and provide information in connection with your use of the Happify Health™ Prescription Digital Therapeutics; or
- when you register to become a prescribed patient or otherwise utilize certain aspects of the Happify Health™ Prescription Digital Therapeutics.
In addition, when you access and/or use the Site and/or Happify Health™ Prescription Digital Therapeutics, and based on our legitimate interest to improve the quality of the Happify Health™ Prescription Digital Therapeutics, we may collect certain usage data, including:
- the number of times that you visit the Site;
- the specific Happify Health™ Prescription Digital Therapeutics accessed, as well as the frequency and duration of use associated with them; and
- other analyses and data associated with your access to, and use of, the Site and/or Happify Health™ Prescription Digital Therapeutics (collectively, “Usage Data”).
We also may collect information and responses you provide when participating in activities on the Site, which may include activity postings, survey responses, assessment responses and any other data you generate in using the Site and/or Happify Health™ Prescription Digital Therapeutics (“User Responses”).
3. Site Registration
The Personal Information that you must supply on the Site in order to obtain access to the Happify Health™ Prescription Digital Therapeutics may include, without limitation:
- your full name;
- your e-mail address;
- your user name and password;
- any and all other information requested on the applicable registration form (collectively, “Site Registration Data”).
4. Use of Personal Information
The types of Personal Information we may collect and our privacy practices depend on the nature of the relationship you have with Happify Health™ and the requirements of applicable law. We endeavor to collect information only relevant for the purposes of processing. Below are the legal bases and some of the ways we collect information and how we use it.
- Provide the Service and treatment, for example Happify Health™ Prescription Digital Therapeutics may use or disclosure protected health information for the purpose of allowing it, Clinician, Clinical and Pharmacy partners to provide treatment, contact you about reminders and treatment effectiveness and alternatives;
- Communicate with you, for example to reset password or reminders;
- Communicate with your Clinicians, Pharmacy and Clinical Partners as applicable to review the functionality and effectiveness of treatment including this and other prescriptions provided by Clinician;
- For payment – we may use/disclosure your information for the purpose of allowing us as well as our partners to secure payment for services provided to you;
- For health care operations – we may compile information and analyses about you, your use of the App and other treatments and share those with our Partners;
- Create user profiles;
- Create de-identified analytical information about the effectiveness of the Services and overall improvement thereof;
- Reply to your request for information or comments
- Determine your preferences and tailor the Site and Happify Health™ Prescription Digital Therapeutics to your needs; and
- So that we can promote the Site and Happify Health™ Prescription Digital Therapeutics to third parties (using Usage Data on an aggregate and anonymous basis in that instance).
If you are a Happify Health™ prescription digital therapeutic Client, we may share your Usage Data and Personal Information with your Health Provider to enable them to assess the efficacy of the Happify Health™ Prescription Digital Therapeutics and Services.
If third-party vendors are used to administer the program, we may provide your Usage Data to the third-party, but the third-party will not receive your Personal Information unless the third party-vendor has signed an agreement limiting its use of Personal Information to assess your eligibility for treatment.
Other than in connection with the limited use of Usage Data and Personal Information as specified above, Happify Health™ will never sell, rent, exchange or barter your Personal Information to or with any third party for financial gain or marketing purposes. When you register we use the Personal Information that you make available to personalize your experience with the Site, facilitate the delivery of the applicable Happify Health™ Prescription Digital Therapeutics to you and for verification purposes. You also agree that, based on our legitimate interest referred to above, we may contact you at any time with updates and any other information that we may deem appropriate for you to receive in connection with your continued use of the Site and Happify Health™ Prescription Digital Therapeutics, and to keep you informed of our other products and services. In addition, if you identify yourself to us by sending us an email or some other communication with questions or comments, we may use such information (including Personal Information) to respond to your questions or comments, and we may file your questions or comments for future reference.
The Personal Information that you submit to Happify Health™ remains your property, but by making the Personal Information available to Happify Health™, you grant Happify Health™ the right, subject to applicable law, to use that Personal Information to bring you certain promotional offers from Happify Health™ and its third party partners that Happify Health™ believes may be of interest to you. If you wish to withdraw your consent, object to the use of Personal Information based on our legitimate interest or to stop receiving future communications from us, please see the section below entitled “Managing Your Settings.”
We may permit our third-party agents, service providers, vendors and subcontractors (such as vendors and suppliers that provide us with technology, services, advertising and marketing assistance or content in connection with our operation and maintenance of the Site and Happify Health™ Prescription Digital Therapeutics) to access Usage Data, but they are only permitted to do so in connection with performing services for us or to operate the Site and Happify Health™ Prescription Digital Therapeutics. Third parties are not authorized to use your Personal Information for their own benefit. In addition, we may use, or permit third-party research partners to use, User Responses for research or data analysis purposes.
We may also supplement the information that we collect with information from public, third-party private, or internal sources to assist us in evaluating and improving the Site and Happify Health™ Prescription Digital Therapeutics, and to determine your preferences so that we can tailor the Site and Happify Health™ Prescription Digital Therapeutics to your needs.
We may report aggregate or de-identified information, which is not able to be identified back to an individual user of the Site other than in a tokenized manner, to third party partners.
Information that we collect about you also may be combined by us with other information available to us through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. This information from other sources may include age, gender, demographic, geographic, personal interests or other information.
We reserve the right to release current or past Personal Information:
- in the event that we believe that the Site and/or Happify Health™ Prescription Digital Therapeutics is/are being or has/have been used in violation of the Terms and Conditions or to commit unlawful acts;
- if the information is subpoenaed; provided, however, that, where permitted by applicable law, we shall provide you with e-mail notice, and opportunity to challenge the subpoena, prior to disclosure of any Personal Information pursuant to a subpoena; or
- if Happify Health™ is sold, merged or acquired; provided, however, that if Happify Health™ is 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 the Site of any change in ownership or uses of your Personal Information, as well as any choices that you may have regarding your Personal Information.
5. Other Information Collection and Use
We use the information that we collect to improve the design and content of the Site and to enable us to personalize your experience. We also may use this information in the aggregate to analyze Site usage, track your progress, as well as to offer you products and services.
When providing our Services, we may use the following types of cookies and tracking technologies for the purposes set out below.
To support our Services, we may use one or more of the following cookies for the purposes set forth below:
Type Of Cookie Purpose
Analytics and Performance Cookies. These cookies are used to collect information about traffic to our Services and how users use our Services. The information gathered does not identify any individual visitor. The information is aggregated and therefore anonymous. It includes the number of visitors to our Services, the websites that referred them to our Services, the pages that they visited on our Services, what time of day they visited our Services, whether they have visited our Services before, and other similar information. We use this information to help operate our Services more efficiently, to gather broad demographic information and to monitor the level of activity on our Services. We use Google Analytics for this purpose. Google Analytics uses its own cookies. It is only used to improve how our Services work. You can find out more information about Google Analytics cookies here: Find out more information about Google Analytics cookies. You can find out more about how Google protects your data here: www.google.com/analytics/learn/privacy.html. You can prevent the use of Google Analytics relating to your use of our Services by downloading and installing the browser plugin available via this link: Google Analytics Opt-out Browser Add-on
Essential Cookies. These cookies are essential to provide you with services available through our Services and to enable you to use some of its features. For example, they allow you to log in to secure areas of our Services and help the content of the pages you request load quickly. Without these cookies, the services that you have asked for cannot be provided, and we only use these cookies to provide you with those services.
Functionality Cookies. These cookies allow our Services to remember choices you make when you use our Services, such as remembering your language preferences, remembering your login details, remembering which polls you have voted in and in some cases, to show you poll results, and remembering the changes you make to other parts of our Services which you can customize. The purpose of these cookies is to provide you with a more personal experience and to avoid you having to re-enter your preferences every time you visit our Services.
Social Media Cookies. These cookies are used when you share information using a social media sharing button or “like” button on our Services or you link your account or engage with our content on or through a social networking website such as Facebook® or Twitter®. The social network will record that you have done this.
You can find more information about cookies and how they work, what cookies have been set on your computer or mobile device and how to manage and delete them at http://www.allaboutcookies.org/ and www.youronlinechoices.com/uk.
We may also use “pixel tags,” which are small graphic files that allow us and third parties to monitor the use of the Services and collect Usage Data. A pixel tag can collect information such as the IP address of the computer that downloaded the page on which the tag appears; the URL of the page on which the pixel tag appears; the time (and length of time) the page containing the pixel tag was viewed; the type of browser that retrieved the pixel tag; and the identification number of any cookie previously placed by that server on your computer.
We may use pixel tags, either provided by us or by our third party advertisers, service providers and ad networks, to collect information about your visit, including the pages you view, the links you click and other actions taken in connection with our sites and Services and use them in combination with our cookies to provide offers and information of interest to you. Pixel tags may also enable ad networks to serve targeted advertisements to you when you visit the Services or other websites.
In addition, we may use a variety of other technologies that collect similar information for security and fraud detection purposes.
7. Location Information
When you use the Site, Happify Health™ Prescription Digital Therapeutics, the Services, or Promotions, and based on our legitimate interest to improve them, we may collect location information either provided by a mobile device interacting with our Site or one of our applications, or associated with your IP address, where we are permitted by law to process this information.
8. Aggregate Data
Happify Health™ reserves the right to transfer and/or sell aggregate or group data about Happify™ users (including Usage Data not linked to Personal Information) for lawful purposes. Aggregate or group data is data that describes the demographics, usage or other characteristics of Happify Health™ users as a group, without disclosing personally identifiable information.
9. Mobile Devices
10. Third-Party Websites
This Site may contain links to third-party owned and/or operated websites. Happify Health™ is not responsible for the privacy practices or the content of such websites. In some cases, you may be able to make a purchase through one of these third-party websites. In these instances, you may be required to provide certain information, such as a credit card number, to register or complete a transaction at such website. These third-party websites have separate privacy and data collection practices and Happify Health™ has no responsibility or liability relating to them.
We endeavor to safeguard and protect our Members’ Personal Information. When Members make Personal Information available to us, their Personal Information is protected both online and offline (to the extent that we maintain any Personal Information offline). The privacy of your Personal Information is very important to us. When our registration process asks users to submit Personal Information (if any), and when we transmit such Personal Information, that information is encrypted and is protected with the appropriate current industry standard software that employs state-of-the-art, best-practice encryption methods and algorithms.
Access to your Personal Information is strictly limited, and we take reasonable measures to ensure that your Personal Information is not accessible to the public. The servers that we store Personal Information in are kept in a secure environment. We also have security measures in place to protect the loss, misuse and alteration of Personal Information under our control. Please be advised, however, that while we take every reasonable precaution available to protect your data, no storage facility, technology, software, security protocols or data transmission over the Internet can be guaranteed to be 100% secure. Computer hackers that circumvent our security measures may gain access to certain portions of your Personal Information, and technological bugs, errors and glitches may cause inadvertent disclosures of your Personal Information; provided, however, that any attempt to breach the security of the network, our servers, databases or other hardware or software constitutes a crime punishable by law. For the reasons mentioned above, we cannot warrant that your Personal Information will be absolutely secure. Any transmission of data at or through the Site is at your own risk.
All of our Members’ Personal Information, not just the sensitive information mentioned above, is restricted in our offices. Only employees or third-party agents who need the Personal Information to perform a specific job are granted access to Personal Information. Our employees are dedicated to ensuring the security and privacy of all user Personal Information. Employees not adhering to our firm policies are subject to disciplinary action. In compliance with applicable federal and state laws or other laws applicable to persons using our Prescription Digital Therapeutics in foreign countries, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your Personal Information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage, and to engage in remedial measures.
12. Information from users outside the U.S.A.
We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized. To request to limit the use and disclosure of your personal information, please submit a written request to email@example.com. In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
Happify Health™ commits to resolve complaints about your privacy and our collection or use of your personal information transferred to the United States pursuant to GDPR. European Union and Swiss individuals with inquiries or complaints should first contact Happify Health™ by email at firstname.lastname@example.org.
13. Exercising your right to Opt-Out of Receiving Communications
Notwithstanding the foregoing, we may continue to contact you for the purpose of communicating information relating to your request for Happify Health™ Prescription Digital Therapeutics, as well as to respond to any inquiry or request made by you. To opt-out of receiving Happify Health™ Prescription Digital Therapeutics -related and inquiry response-related messages from Happify Health™, you must cease requesting and/or utilizing the Happify Health™ Prescription Digital Therapeutics and cease submitting inquiries to Happify Health™, as applicable.
14. Identifying, Deleting and Updating Your Information
At your request, we will inform you of what Personal Information we have on file for you. In addition, at your request, we will update, correct, modify or delete Personal Information that you have provided to us, or that we have collected. You may do so by contacting us via e-mail at email@example.com; provided, however, that we ask individuals to identify themselves and the information requested to be accessed or updated before processing such requests. We will comply with your request as soon as reasonably practicable. However, we may maintain Personal Information whenever we are required to do so by law or regulations or as we believe is reasonably necessary to comply with applicable law or regulations, government requests, to detect or prevent fraud, to resolve disputes, to address problems with the Services, to assist with investigations, or to enforce our terms and conditions or other applicable agreements or policies. We may also need to retain certain information for recordkeeping purposes. We will retain your Personal Information for the period necessary to fulfil the purposes outlined in this Policy unless a longer retention period is required or permitted by law.
15. Data Retention
User information provided to Happify Health™ will be retained in accordance with the strictest application of the laws of the governing authorities for the user’s primary place of residence. In the absence of applicable laws governing data retention, Happify Health™ will not retain data for more than 7 years beyond the date the user last logs in to Happify Health™.
Happify Health™ is intended for individuals who are over the age of 18. If you believe a child who is under the age of 13 has provided information to Happify Health™ please contact us using firstname.lastname@example.org.
17. Your California Privacy Rights
If you are a California resident, California Civil Code Section 1798.83 permits you to request information regarding the disclosure of your Personal Information by Happify Health™ or its subsidiaries to a third party for the third party’s direct marketing purposes. Since we do not make such disclosures, we are exempt from these reporting requirements.
Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services (including behavioral advertising services) that you do not wish such operators to track certain of your online activities, over time and across different websites. We do not honor “Do Not Track” signals.
- sending the modified policy to our users via email; and/or
- by any other reasonable means acceptable under applicable state and federal law.
19. Contact Us
We have designated Rickert Rechtsanwaltsgesellschaft mbH as our representative in the European Union. If you would like to contact our representative, please e-mail email@example.com, or send a letter to: Kaiserplatz 7-9, 53113 Bonn, Germany.