Laguna Health - Privacy Policy

Last Revised: March 01, 2022

Laguna Health Inc. (“Laguna”, “we” or "us") is committed to protecting the privacy of Users (“User” or “you”) who access, visit, or engage with its website, located at https://lagunahealth.com; or any other website owned or operated by us (the "Site"), as well as our mobile application (the "Application"), collectively referred to as the "Services"). We believe that you have a right to know our practices regarding the information we may collect and use about you when you use our Services. Please read the following policy carefully to understand Laguna’s views and practices regarding your personal information.

Capitalized terms which are not defined herein, shall have the meaning ascribed to them in our Terms of Use available at https://lagunahealth.com/terms-of-service/, into which this Privacy Policy is incorporated by reference.

1. BY ENTERING, CONNECTING TO, ACCESSING OR USING THE SITE OR OUR SERVICES, YOU AGREE TO THE TERMS AND CONDITIONS SET FORTH IN THIS PRIVACY POLICY, INCLUDING TO THE POSSIBLE COLLECTION AND PROCESSING OF YOUR PERSONAL INFORMATION AS SPECIFIED HEREIN. PLEASE NOTE: IF YOU DISAGREE WITH ANY TERM PROVIDED HEREIN, PLEASE REFRAIN FROM CONNECTING, ACCESSING OR USING OUR SERVICES.

2. What information do we collect about Users? We collect two types of data and information from our Users:

2.1. Non-personal Information. The first type of information is non-identifiable and anonymous information (“Non-personal Information”). We are not aware of the identity of the User from whom we have collected the Non-personal Information. Non-Personal Information is any unconcealed information that does not enable the identification of an individual User, and which is available to us when such User uses our Services. Non-personal Information which is being gathered consists of technical information, behavioral information, and aggregated information, and may contain, among other things, the activity of the User on the Services, type of operating system, device type, User's 'click-stream' on the Site, keyboard language, screen resolution, time spent on various screens of the Site, metadata, etc.

2.2. Personal Information. The other type of information we collect is individually identifiable information, or information that may, with reasonable effort, identify an individual (“Personal Information”). We gather the following types of Personal Information:

2.2.1. Personal Information that is provided voluntarily:

  • Communications with Laguna: Personal Information you provide us as part of any communications with Laguna, by any means, including by interacting with our recovery coaches through the Services; approaching our customer services; or approaching us in order to receive technical support, including through chat, email, video or by phone.
  • Contact and Registration Details: Personal Information is collected from the details the Users provide us as part of setting their Account, which includes the User's first and last name, email address, and mobile telephone number.
  • Medical-related Forms: Personal Information may also be included in medical and insurance-related forms you may provide us, including by filling out certain forms on the Services or by uploading your medical documentation into the Application. We may able to obtain your medical records per your request, once you will have provided consent to do so.
  • Personal Health Information: Personal information concerning your medical condition ("PHI") may be provided to us by you. You may provide us with PHI upon opening an Account, in communications with us, or otherwise. You may also authorize us to collect your PHI from insurers and/or Medical Providers (e.g. in the Authorization Form). Any PHI that you choose to provide us with, or otherwise make accessible to us, will be protected in accordance with the strictest standards of the Health Insurance Portability and Accountability Act ("HIPAA") and applicable laws.
  • Information about your recovery progress: You may decide to provide information regarding your recovery progress, including information about your physical and emotional wellbeing. You may provide us with this information in different ways, including through audio, video, text or through other Application features.
  • Information about your family members and caregivers: You may choose to provide us contact information (such as name, phone number, address and email address) of your family members and caregivers. By sharing such information with us, you represent that you have the right to provide the information of such persons.

2.2.2. Personal Information collected via technology:

  • Device information: We collect from our Users specific types of connection details and information with regard to their device, software or hardware that may identify them, such as online identifiers, device unique identifiers (e.g. UDID, MAC address), and IP address.
  • Location Data: While using the Services, we will collect, process, monitor, and/or remotely store your IP address, which allows us to determine your approximate location (“Geolocation”) using a third party service provider. We may use this information for analyzing the usage of our Services and for security purposes. In such case that you permit us to use location services on your device, we will collect, process and/or remotely store your accurate location information as reported by the device’s GPS sensor. Users are able to stop this information collection at any time by disabling location access in your device settings.
  • Cookies and other Tracking Technologies: We may use cookies and other information-gathering technologies for a variety of purposes, such as providing us with information about how you interact with our Site and assisting us in our marketing efforts. See more under the "Cookies & Local Storage" section in this Privacy Policy.

2.2.3. Personal Information collected via third parties: Subject to your consent, we may receive Personal Information about you from Medical Providers, your employer or insurer, as applicable. Such Personal Information includes your contact details, and information about your hospitalization and PHI, and will be provided to us for the purpose of providing our Services to you.

2.2.4. For the avoidance of doubt, any Non-personal Information connected or linked to or associated with any Personal Information shall be deemed as Personal Information as long as such connection, linkage or association exists.

3. How do we collect information about our Users? There are several methods we use to collect information:

3.1. We collect information through your entry, connection, access and/or use of the Services. In other words, when you are using the Services, we are aware of it and may gather, collect and store the information relating to such usage (such as the Non-personal Information detailed above and your IP address), either independently or through the help of our authorized third party service providers as detailed below.

3.2. We collect information that you provide us voluntarily. We collect Personal Information, or are exposed to Personal Information, as detailed in Section 2.2.1 above 3.3. We collect information we receive from third parties. Some Users may be referred to our Services via a Medical Provider, their employer or insurer. Other Users may authorize us to obtain Personal Information from such third parties. Depending on the circumstances and your permissions, the third parties mentioned above may provide us with your contact details and/or PHI, as detailed in Section 2.2.3.

3.3.1. We may gather, collect and store such information either independently or through the help of our authorized third party service providers as detailed below.

4. What are the purposes of the collection and processing of information?

4.1. Non-personal Information is processed in order to:

  • Enhance the User’s experience of our Services;
  • Create statistical information and learn about the preferences of Users and general trends on our Services (e.g. understand which features are more popular than others);
  • Keep the Services safe and secure and prevent fraud; and Improve, develop and upgrade our Services.

4.2. Personal Information is processed in order to:

  • Enable the operation of the Services and administer your Account;
  • Respond to your inquiries or support requests;
  • Provide the full functionality of the Services, with the main purpose of providing you with tailored, personalized, and relevant information and/or reminders related to a medical condition and/or a particular treatment;
  • Send notifications, emails, or messages, whether general or User-specific, to the User, whether as part of the Services or in connection with the Services;
  • Verify the User's identity when they sign in to the Account;
  • Determine general geolocation information (i.e., state) from which the User's device is connected to the Internet and GPS information of the User's device in order for us to show Users geographically relevant content, and/or services in Users’ vicinity;
  • Add your contact details to our mailing list for the purposes of sending you information, status updates relevant to your treatment (when applicable), updates about Laguna’s developments, products, and services, new offerings, research or news by email, text message, phone, through web-browser notification or through the post. o You have the right to opt-out of marketing messages at any time by following the instructions in such message or by contacting us at: connect@lagunahealth.com
  • Enable us to contact Users for the purpose of providing them with technical assistance and in order to provide them the Services or for the purpose of providing surveys, polls and questionnaires to better understand our Users’ needs and receive feedback on our Services;
  • Provide Users with updates, notices, announcements, and additional information related to Laguna including with respect to changes made to our Terms;
  • Conduct internal operations, including troubleshooting, data analysis, testing, research, and statistical purposes;
  • Keep the Services safe and secure and for prevention of fraud and crime;
  • Comply with our legal obligations and protect our rights and legitimate interests;
  • Maintain our data processing records and general administrative purposes;
  • Email tracking – we may use tracking technology within the email we may send you in order to improve interactions with you and to better understand whether our emails were opened and read, and such tracking may include capturing the time and date in which you opened our email messages and the type of device you use to open such emails;
  • For any other purposes for which we obtain your consent.

5. Sharing Personal Information with Third Parties

5.1. Laguna respects your privacy and will not disclose, share, rent, or sell your Personal Information to any third party, other than as permitted under this Privacy Policy.

5.2. In addition to using the information collected by us for the purposes described under Section 4 above, we may also share your information in the following cases:

Service Providers: We may share Personal Information with our authorized service providers, including our affiliates, commercial software providers, consultants, and data processers who perform services on our behalf, including without limitation, cloud storage providers, customer support services, providers of security monitoring, and analytics of our Services, marketing, and other service providers. These service providers may only process Personal Information pursuant to our instructions and in compliance with both this Privacy Policy and other applicable confidentiality and security measures and regulations.

Medical Provider Partners. Our Site and Services serve, among other things, as a platform that eases your communications with the applicable Medical Providers. If you are referred to us by a Medical Provider, you hereby acknowledge and agree that your Personal Information might be shared with such Medical Provider.

In addition, we may share Personal Information in the following cases: (a) to satisfy any applicable law, regulation, legal process, subpoena, or governmental request; (b) to enforce this Privacy Policy or any other agreement or terms of service between you and Laguna, and to defend against any claims or demands asserted against us by you or on your behalf; (c) to detect, prevent, or otherwise address fraud, security or technical issues; (d) to protect the rights, property, or personal safety of Laguna, its Users or the general public; (e) when Laguna is undergoing any change in control, including by means of merger, acquisition or purchase of all or substantially all of the assets of Laguna (while such acquired company or investor may be located in countries outside of your jurisdiction); and (g) pursuant to your explicit approval prior to the disclosure.

Please note that we are a HIPAA compliant company and require all third parties, including corporate and business affiliates, service providers, Medical Providers that are exposed to your PHI to sign a BAA agreement with us.

5.3. For the avoidance of doubt, Laguna may transfer and disclose Non-personal Information to third parties at its discretion including without limitation for statistical, analytical, and research purposes and for customization, development, and improvement of our Services.

6. Your Rights

Laguna acknowledges that data protection laws in certain jurisdictions provide Users with certain statutory rights to their Personal Information. Depending on the applicable jurisdiction, you may have the statutory right to take certain actions in regards to your Personal Information.

If you wish to exercise these rights, please email us at connect@lagunahealth.com and we will respond within a reasonable timeframe, and no later than permitted by applicable law.

Please note that terminating your Account will not necessarily delete Personal Information that is stored on our servers. If you wish to delete all Personal Information that we have collected about you, including PHI, please send a deletion request to connect@lagunahealth.com and we will delete your information within a reasonable timeframe. However, please note that we may be required by applicable laws and regulations to retain certain Personal Information for a longer period of time. Please note that aggregate and/or anonymous information derived from your Account and/or use of the Services may remain on Laguna servers indefinitely.

7. Location of Your Data

The information collected from you by Laguna, as detailed in this Privacy Policy, may be transferred to, and stored at, servers that may be located in countries outside of your jurisdiction and in a country that is not considered to offer an adequate level of protection under your local laws. It may also be processed by Laguna and its suppliers, 6 service providers or partners' staff operating outside your country. Laguna is committed to protecting your Personal Information and will take appropriate steps to ensure that your Personal Information is processed and stored securely and in accordance with applicable privacy laws, as detailed in this Privacy Policy. Such steps include putting in place data transfer agreements or ensuring our third party service providers comply with Laguna's data transfer protection measures.

8. Minors

The Services are intended for Users over the age of majority (as determined under the applicable laws where the individual resides; “Age of Majority”). Therefore, Laguna does not intend and does not knowingly and directly collect Personal Information from minors and does not wish to do so. We reserve the right to request proof of age at any stage so that we can verify that minors are not using the Services. If we learn that we collected Personal Information from a minor, we will delete that information as quickly as possible unless we have a valid legal obligation or lawful basis in place. If you have reasons to suspect that Laguna collected Personal Information from minors, please notify us at connect@lagunahealth.com, and we will take action to delete that information as quickly as possible.

9. Links to third party Websites

Certain links provided or sent through in the Services permit Users to leave and enter non-Laguna sites or services. Those linked sites and services are provided solely as a convenience to you. Those linked sites and services are not under the control of Laguna and it is not responsible for the availability of such external sites or services, and does not endorse and is not responsible or liable for any content advertising, products, services or other information on or available from such linked sites and services or any link contained in a linked site or service. Laguna reserves the right to terminate any link at any time. You further acknowledge and agree that Laguna shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such linked sites or resource. Most of such linked sites and services provide legal documents, including terms of use and privacy policy, governing the use thereof. It is always advisable to read such documents carefully before using those sites and services, inter alia, in order to know what kind of information they are collecting.

10. Tracking Technologies

We may use various tracking methods or technologies, including cookies (“Tracking Technologies”) to store or collect your Usage Information across the Services. We use Tracking Technologies for a variety of purposes we believe to be necessary or helpful in improving or assessing the performance of the Services or in offering you enhanced functionality.

Cookies. When you access or use the Services, we and/or our third party service providers may use industry-wide technologies such as User persistent identifiers (or other similar technologies), which store certain local information on your device ("Local Storage") which may enable, inter alia, automatic activation of certain features and make the User’s experience and usage simpler, more relevant, convenient and effortless. Such information is locally stored in the User's device. Laguna and/or our 7 authorized third party service providers may access such information. Laguna and/or our authorized third party service providers may use both session cookies (which expire once you close the Site) and persistent cookies (which stay on the User’s device until they delete or block them). Such Local Storage used by the Site may store non-personal information, such as the different pages viewed by a User within the Site, as well as User persistent identifiers, which will be collected in accordance with the terms specified herein. Cookies may be disabled or removed generally by adjusting certain settings available as part of most browsers. In some cases, these tools can block those cookies in the future. These tools may not be effective for certain types of cookies. Your ability to limit cookies when you revisit our Site or Services is subject to your browser settings and technological limitations. Please note that, if you disable or remove cookies on your device, some parts of our Site or other aspects of our Services may not function properly.

We also use Google Analytics to collect information about your use of the Site. Google Analytics collects information such as how often users access the Site, what pages they visit when they do so, etc. We use the information we get from Google Analytics only to improve our Services. Google Analytics collects the IP address assigned to you on the date you visit websites, rather than your name or other identifying information. We do not combine the information collected through the use of Google Analytics with personally identifiable information. Google’s ability to use and share information collected by Google Analytics about your visits to the Site is restricted by the Google Analytics Terms of Use and the Google Privacy Policy.

Other third parties may use Tracking Technologies with our Services as well. We do not control those Tracking Technologies, and we are not responsible for them. To confirm how any third party collects or uses your information, please refer to that third party’s website.

11. Security

We take reasonable measures to maintain the security and integrity of our Services and prevent unauthorized access or use thereof through generally accepted industry standard technologies and internal procedures. Please note, however, that there are inherent risks in the transmission of information over the Internet or other methods of electronic storage and we cannot guarantee that unauthorized access or use of your Personal Information will never occur.

To the extent that Laguna implemented the required security measures under applicable law, Laguna shall not be responsible or liable for unauthorized access, hacking, or other security intrusions or failure to store or the theft, deletion, corruption, destruction, damage, or loss of any data or information included in the Personal Information.

12. Changes to the Privacy Policy

Laguna reserves the right to change this Privacy Policy at any time, so please visit this page frequently to check for any changes. In case of any material change, we will make reasonable efforts to post a clear notice on the Site or we will send you an e-mail or text message regarding such changes to the phone number or e-mail address that you have provided us with. Otherwise, all other changes to this Privacy Policy are effective 8 as of the stated “Last Revised” date and your continued use of the Service on or after the Last Revised date will constitute acceptance of, and agreement to be bound by, those changes. In the event that the Terms should be amended to comply with any legal requirements, the amendments may take effect immediately, or as required by the law and without any prior notice.

13. Contacting Us

If you have any questions or concerns regarding this Privacy Policy, or if you would like to opt-out of marketing messages, submit a request related to your Personal Information or have reason to suspect that Personal Information was collected from minors, please email us at connect@lagunahealth.com. We will make an effort to respond to your questions, concerns, and requests within a reasonable timeframe in accordance with applicable laws.