iO Health’s Privacy Policy sets out how iO Health accesses, receives, collects, shares, and uses data and information (including Personal Information) through the iO Health Services including data or information obtained when you access the iO Health Website, the iO Health Desktop Application, the iO Health Mobile Application, or use any iO Health Services. It is important for you to understand how this happens and how you may control it, so please read this Privacy Policy carefully so that you can make an informed decision about whether to use or continue using the Services.
By using the iO Health Services, you agree that iO Health may access, receive, collect, share, and use data and information in accordance with this Privacy Policy, as revised from time to time. If you do not agree to iO Health’s practices, you may not use the Services. If you wish to contact iO Health regarding this Privacy Policy or any privacy-related matters, including any user controls, retention periods or deletion policy, portability of data, requesting a report data or information retained, account deletion (“Right to be Forgotten”), protocols in case of data breach, cross-border data transfers, or any other question, please contact us at [email protected] (Attention: Legal Department).
This Privacy Policy applies across all IOhealth Services, but does not apply to data or information collected: (i) through third party services (including any third party websites or mobile applications) that you may access through the Services; (ii) by other companies and organizations who advertise their services on or through iO Health Services; (iii) by companies that iO Health does not own or control; (iv) by the third parties to which iO Health may permissibly disclose user data or information as set forth in this Privacy Policy; or (v) by individuals whom iO Health does not employ or manage. iO Health may from time to time revise or add specific instructions, policies, and terms to this Privacy Policy.
Where iO Health considers that any changes to this Privacy Policy are reasonably material, iO Health will notify you via direct communication, or by other means, prior to the change becoming effective. By continuing to use the iO Health Services after any changes to this Privacy Policy, with or without notice from iO Health , you are agreeing to the revised Privacy Policy.
In providing iO Health Services, iO Health may access, receive, collect, store, and use the following types of information (all of which are collectively referred to as “Information”) from or concerning you or your personal computer or other electronic or mobile device:
“Personal Information” is any information or combination of information that relates to you, and can be used to identify you. Personal Information may include the following:
You provide certain Personal Information, such as your mobile phone number, billing information (if applicable), and mobile device information to iO Health when choosing to participate in various uses of the iO Health Services, such as registering as a user or updating your status. In order to provide the iO Health Services, iO Health will periodically access your address book or contact list on your personal computer or other electronic or mobile device to locate the mobile phone numbers or other contact information of other iO Health users (“iO Health-network” information), or otherwise categorize other mobile phone numbers or other contact information as “non-iO-Health-network” numbers. Any status updates or other content that you, or other users, post becomes published content and is not considered Personal Information subject to this Privacy Policy.
You may, of course, decline to submit Personal Information through the IOhealth Services, in which case iO Health may not provide access or use of certain Services to you. If you do not agree with iO Health’s Privacy Policy or these Terms of Use, please delete your account, uninstall iO Health and discontinue use of the iO Health Services; your continued access and usage of the iO Health Services will signify your assent to and acceptance of iO Health’s Privacy Policy and Terms of Use. To protect your privacy and security, iO Health takes reasonable steps to verify your identity before registering your mobile phone number and granting you access to the iO Health Services.
“Cookies Information” When you visit iO Health , iO Health may send one or more small files known as “Cookies” (or similar technologies) to your personal computer or other electronic or mobile device to: (a) remember information so that you will not have to re-enter it during your visit or the next time you use iO Health Services; (b) analyze your preferences and patterns to provide customized and personalized content and information; and (c) monitor your entries, submissions, pages viewed, etc. All of these purposes are intended to improve and personalize your experience with iO Health . iO Health uses several types of Cookies, including Cookies that may remain after you close your browser or turn off your personal computer or other electronic or mobile device. There are a number of ways to remove Cookies and you can adjust your settings to refuse all Cookies or to indicate when a Cookie is being sent; however, iO Health Services may not be available or function properly if the ability to accept Cookies is disabled.
“Location Data” is any information that iO Health collects regarding your location (when you use a location-enabled Service), including:
“Log Data” is technical data and information that is automatically collected by iO Health when you use iO Health Services, whether through the use of cookies, web beacons and log files (as explained in more detail in the “Cookies” definition) or otherwise, including:
The servers that iO Health use to provide the Services may automatically record certain information that your web browser sends whenever you visit any website. These server logs may include information such as your web request, Internet Protocol (“IP”) address, browser type, browser language, referring / exit pages and URLs, platform type, number of clicks, domain names, landing pages, pages viewed and the order of those pages, the amount of time spent on particular pages, the date and time of your request, and certain other general information such as if you update or request any status information, including time and date stamps and the mobile phone numbers the messages were sent from and to.
“Non-Personal Information” is any information that relates to you but from which it is not practicable to directly or indirectly identify you.
“Shared Information” is information about you or relating to you that is voluntarily shared on iO Health Services, including postings that you make on iO Health Services (including your public profile, the lists you create), any postings from others that you re-post and including Location Data and Log Data associated with these postings. Shared Information also includes information about you (including Location Data and Log Data) that others who are using iO Health Services share about you. It is important to understand that Shared information is shared publicly with all users of that iO Health Service and not just with your contacts. As a result, Shared Information can be instantly and broadly transmitted and will remain public for as long as you do not delete it (and even after you delete Shared Information, it may still be separately cached, copied, or stored by, or remain public through, other users or third parties who are not affiliated with and not controlled by iO Health). You are solely responsible for the status, messages, and any content (or opinions) that you transmit or post. Please consider carefully what you post and communicate through iO Health.
Use of Your Information
iO Health may use your Information for any of the following purposes:
Sharing Your Information with Third Parties
Other than as permitted under this Privacy Policy or as otherwise consented to by you, iO Health will not sell your Personal Information to any other third parties. IO Health does not share your Personal Information (such as your mobile phone number) with other third-party companies for their commercial or marketing use without your consent or except as part of a specific program or feature for which you will have the ability to opt-in or opt-out. IO Health may share your Personal Information with third party service providers (such as, for example, hosting companies, payment & SMS gateways, etc.) to the extent that it is reasonably necessary to provide, improve, or maintain the iO Health Services. IO Health may share non-Personal Information (such as anonymous user usage data, number of clicks, etc.) with interested third parties to assist them in understanding the usage patterns for certain content, services, advertisements, promotions, and/or functionality in connection with the iO Health Services. IO Health may collect and release Personal Information and/or non-Personal Information if required to do so by law, or in the good-faith belief that such action is necessary to comply with international law (such as Copyright Law), or respond to a court order (or equivalent), or where in iO Health’s reasonable belief, an individual’s safety may be at risk or threatened. iO Health’s also reserves the right to disclose Personal Information and/or non-Personal Information that IOhealth believes, in good faith, is appropriate or necessary to enforce IOhealth’s Terms of Use, take precautions against liability, to investigate and defend itself against any third party claims or allegations, to assist government enforcement agencies, to protect the security or integrity of the IOhealth Website or servers that IOhealth uses, and to protect the rights, property, or personal safety of IOhealth, IOhealth’s users, or others.
Your use of any third-party services (whether social media services or otherwise), including any Personal Information you provide to such third parties, are subject to the relevant third party’s own Terms of Uses and privacy policies and not the IOhealth Terms of Use or this Privacy Policy, so please review their terms carefully. Sharing your Information with third parties may result in unsolicited messages from third parties, and such messages are beyond IOhealth’s control. This Privacy Policy only applies to any Information collected by IOhealth, does not apply to any services offered by or information practices of any third parties, and IOhealth bear no liability for any third-party use of any Information provided by you to them.
We note specifically, that:
IOhealth may use third parties to process the payment and/or billing information that you submit on IOhealth’s Website or through the IOhealth Desktop Application, IOhealth Mobile Application to facilitate payment transactions. Where IOhealth does share your Personal Information with any third parties, IOhealth will use reasonable efforts to ensure that such third parties only use your Personal Information: (i) in compliance with this Privacy Policy; and (ii) subject to any other instructions IOhealth give them, including any appropriate confidentiality and security measures that IOhealth implements. Although IOhealth requires that these third parties take the appropriate organizational and technical measures to protect your personal data and to comply with relevant laws, IOhealth is not liable or responsible for these third-party transactions. Therefore, you should review such third-party terms and conditions before providing your payment or billing information.
You agree that IOhealth or IOhealth’s affiliate companies may be required to retain, preserve or disclose your Personal Information: (i) in order to comply with applicable laws or regulations; (ii) in order to comply with a court order, subpoena or other legal process; (iii) in response to a request by a government authority, law enforcement agency or similar body (whether situated in your jurisdiction or elsewhere); or (iv) where IOhealth believe it is reasonably necessary to comply with applicable laws or regulations. You also agree that IOhealth or IOhealth’s affiliate companies may need to disclose your Personal Information in order to enforce the Terms of Use or this Privacy Policy, protect IOhealth’s rights, property or safety, or the rights, property or safety of IOhealth’s affiliate companies or other users of IOhealth’s services. IOhealth may also maintain a record for each message and call that goes through the system. This would be used, among other purposes, in order to better serve you with various IOhealth Services (such as to enable you access your information from different devices), understand network behavior and trends (numbers of messages and calls made by users, typical destinations, call lengths, network type, etc.), detect potential outages and technical issues (this helps IOhealth notice things like a drop in call volume in a certain geography, a shift in call length, a change in typical networks, etc.) and for public safety reasons. All log analysis is done in an anonymous manner.
Third-Party Content
Information provided by you or by another user through the IOhealth Services may contain links to third party content or website that are not owned or controlled by IOhealth. IOhealth has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party content or website. In addition, IOhealth will not and cannot censor or edit any content or any third-party website. By using the Services, you expressly acknowledge and agree that IOhealth shall not be responsible for any claims, damages, or other liability arising from or related to your contact with or use of any third-party content or website.
You may arrive at the IOhealth Website or download the IOhealth Desktop Application or IOhealth Mobile Application from another website. In addition, the IOhealth Website may contain links to another website. Websites linked to or from the IOhealth Website are not under the control of IOhealth and it is possible that these websites have a different privacy policy. IOhealth’s Privacy Policy applies solely to Information acquired on the IOhealth Website or through the IOhealth Services. IOhealth accepts no responsibility or liability for any third part website.
Prohibited Conduct
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc. or “load testers”, etc. that accesses the Services in a manner that sends more request messages to the servers that IOhealth uses in a given period of time than a human can reasonably produce in the same period. IOhealth permits publicly recognized search engines permission to create publicly available searchable indices for IOhealth Services (but not caches or archives of IOhealth Services). IOhealth reserves the right to revoke these exceptions either generally or in specific cases. IOhealth prohibits any efforts to reverse-engineer IOhealth Services, the IOhealth Software, or any aspect of IOhealth’s system, protocols, or any other attempts / efforts explore the boundaries of, modify, penetrate, or test IOhealth Services, the IOhealth system, or IOhealth protocols. You must secure our permission before you check, measure, test, or otherwise monitor any part of IOhealth Services, the IOhealth Software, or any aspect of IOhealth’s system, protocols. You are prohibited from collecting or harvesting any Personal Information or using the Services for any commercial solicitation or spam purposes.
Security
We take security seriously. IOhealth makes commercially reasonable efforts to ensure physical, procedural, and technical protection of IOhealth’s networks, servers, and systems and to protect Personal Information from misuse, loss and unauthorized access. IOhealth cannot guarantee or warrant that data or information may not be accessed, altered, destroyed, or disclosed by a breach of any of IOhealth’s safeguards because no method of transmission over the Internet, or method of electronic storage, is 100% secure. Any data, information, or content that you transmit through IOhealth Services is done at your own risk. Using unsecured Wi-Fi or other unprotected networks to submit messages through the IOhealth Services is never recommended. You must notify IOhealth immediately of any breach of security or unauthorized use of your computer or other electronic or mobile device. Although IOhealth will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of IOhealth or others due to such unauthorized use.
IOhealth’s systems and the communications networks through which you access IOhealth’s services may be subject to security breaches and failures which are due to circumstances beyond IOhealth’s reasonable control. If IOhealth learns of a security systems breach, then IOhealth may attempt to notify you electronically so that you can take appropriate protective steps. IOhealth may post a notice on the IOhealth Website or through IOhealth Services if a security breach occurs.
We operate, or hire companies to operate, servers in a number of jurisdictions around the world, so the server on which your Personal Information is used and stored may not be in your jurisdiction. You consent to the transfer of your Personal Information (both inside and outside of your jurisdiction) for the purposes described in this Privacy Policy. The contents of messages that have been delivered by the IOhealth Services may be stored / archived by IOhealth in the normal course of business. IOhealth may retain date and time stamp information associated with successfully delivered messages and the mobile phone numbers (or other contact information) involved in the messages, as well as any other information which IOhealth is legally compelled to collect.
Analytics
IOhealth uses advanced analytics to help IOhealth anonymously track and analyze your behavior and other data and information about your access and use of IOhealth Services. This data and information (including, for example: IP address, data storage, maintenance services, database management, web analytics and information processing), helps IOhealth analyze and evaluate how the different IOhealth Services are used as part of IOhealth’s ongoing efforts to improve the IOhealth Website, IOhealth Desktop Application and IOhealth Mobile Application features and services. No Personal Information is included in this type of reporting. IOhealth’s servers (or the servers that IOhealth uses) may automatically collect data about your IP address (a number that is automatically assigned to your computer by your Internet service provider whenever you are on the Internet), and your domain name when you visit the IOhealth Website. This type of information is used to gather demographic information about IOhealth’s users as a whole, but does not include Personal Information. IOhealth’s servers (or the servers that IOhealth uses) may also record the referring page that linked you to IOhealth, the pages you visit, the websites you visit, the ads you see and/or click on, and other information about the type of Web browser, computer, platform, related software and settings you are using; any search terms you have entered on the IOhealth Website or a referral site; and other website usage activity and data logged by IOhealth’s servers (or the servers that IOhealth uses). IOhealth uses this information for internal system administration, to help diagnose problems with IOhealth’s servers (or the servers that IOhealth uses), and to administer IOhealth Services. Any or all of these activities may be performed by IOhealth or by a third party on behalf of IOhealth.
Age Restrictions
Protecting the privacy of young children is important to IOhealth. Therefore, no part of the IOhealth Services are directed to or intended to be used by persons under the age of 18 and IOhealth does not knowingly collect or use Information from persons under the age of 18. If you are under the age of 18, then please do not use the IOhealth Website, do not download the IOhealth Mobile Application or IOhealth Desktop Application, and do not use any IOhealth Service. By accessing and using IOhealth Services you affirm that you are either more than 18 years of age, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.
IOhealth encourages parents to be involved in the online activities of their children to ensure that their privacy is protected. Please contact IOhealth if you believe IOhealth has any Personal Information from any children under the age of 18 and IOhealth will promptly investigate and take the appropriate actions. IOhealth shall act according to the law at all times which may result in disclosing information about any user and such user’s activities through the IOhealth Services to the appropriate authorities if IOhealth determines that such disclosure is necessary.
Content Policy
IOhealth reserves the right to discontinue any aspect of the IOhealth Services at any time. IOhealth has sole and exclusive authority to determine which content posted is inappropriate and therefore may remove such content at its sole discretion. Please be advised that a reported piece of content does not guarantee automatic removal after investigation by IOhealth.
IOhealth allows you to voluntarily submit status text, profile photos and other content (such as your “last seen” status) (collectively, the “Status Updates”). Status Updates may be visible to other users of the Services to whom you are connected and you have not expressly blocked. You acknowledge and agree that any Status Update may be globally viewed by users that have your contact details. You shall be solely responsible for your own Status Updates and the consequences of posting or publishing them. Status Updates do not necessarily represent the views or opinions of IOhealth, and IOhealth makes no guarantees as to the validity, accuracy or legal status of any Status Update; however, you affirm, represent, and warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize IOhealth to use all proprietary rights in and to any and all Status Updates in the manner contemplated by the Services and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Status Update to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Status Updates in the manner contemplated by the Services and these Terms of Use. By submitting the Status Updates to IOhealth, you hereby grant IOhealth a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Status Updates in connection with the IOhealth Services, including without limitation for promoting and redistributing part or all of the IOhealth Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each subscriber to your status on the IOhealth Services a non-exclusive license to access your Status Updates through the Services.
IOhealth allows you to attach your location information to messages you send to other users or send a specific location message. If you choose to share your location with a specific user or group of users your location will be retrieved from your device and sent to IOhealth. IOhealth will only use this location for this particular purpose. For the avoidance of doubt, IOhealth will not share your location information and will not use it for any purpose except the one specifically requested by you.
In connection with Status Updates and all content that you share (none of which IOhealth shall be liable to you or to any third party for), you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant IOhealth all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage IOhealth or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business; (v) impersonate another person; (vi) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (vii) interfere with or disrupt the integrity or performance of the Services or the data contained therein; or (viii) attempt to gain unauthorized access to the Services or its related systems or networks.
You understand that when using the IOhealth Services you will be exposed to Status Updates from other users, and that IOhealth is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Status Updates, and that such Status Updates are not the responsibility of IOhealth. You further understand and acknowledge that you may be exposed to Status Updates that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against IOhealth with respect thereto, and agree to indemnify and hold IOhealth, its officers, directors, employees, agents, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the IOhealth Service.
IOhealth reserves the right to remove content and Status Updates without prior notice. IOhealth may also terminate a user’s access to the Services, if they are determined to be a repeat infringer, or for any or no reason. IOhealth reserves the right to decide whether content or a Status Update is appropriate and complies with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to excessive length or limited interest. IOhealth may remove such Status Updates and/or terminate a User’s access for uploading such material in violation of these Terms of Use at any time, without prior notice and at its sole discretion.
Governing Law
IOhealth Services are intended for and directed to users around the world, which such IOhealth Services are not prohibited. If you are accessing the IOhealth Website and IOhealth Services from a country or jurisdiction in which the Services are not permitted, or are in violation of any law or regulation, then you may not continue to use the IOhealth Services. In addition, you should be aware that through your continued use of the IOhealth Website and IOhealth Services, you may be transmitting your Personal Information to another country where laws regarding Personal Information may be different and/or less stringent than the laws in your country and you expressly consent to that transfer for these purposes.
In some jurisdictions, certain Personal Information, such as information about your race or ethnic origin, religious or philosophical views or personal health, is characterized as “sensitive” and is subject to stricter regulation than other Personal Information. Please note that content and information that you input to IOhealth Services, such as photographs or information about your school or social activities, may reveal your sensitive Personal Information to others and IOhealth therefore urges you to consider whether it is appropriate to communicate Personal Information of a sensitive nature in the manner you are proposing to communicate it using IOhealth Services. You consent to all processing of sensitive Personal Information for the purposes and in the manner described in these Terms of Use.
You agree that: (i) the IOhealth Services shall be deemed solely based in the British Virgin Islands; (ii) the IOhealth Services shall be deemed a passive service that does not give rise to personal jurisdiction over IOhealth, either specific or general, in jurisdictions other than the British Virgin Islands (except as described herein); and (iii) that you agree that any legal dispute, including with respect to these Terms of Use, shall be governed by the internal substantive laws of the British Virgin Islands, without respect to its conflict of laws principles. Any claim or dispute between you and IOhealth that arises in whole or in part from the IOhealth Services, or these Terms of Use, shall be referred to and finally resolved by arbitration before a sole arbitrator (who shall be a member of the BVI Bar Association) pursuant to the UNCITRAL rules governing international commercial disputes, in Road Town, Tortola, British Virgin Islands. The parties, their representatives, other participants and the arbitrator shall hold the existence, content and result of the arbitration in confidence unless to the extent that disclosure is required by law or as is reasonably necessary to defend claims of procedural rights of the party making the disclosure. The appointment of the sole arbitrator shall be made by the then President of the BVI Bar Association. The parties shall be bound by any appointment thus made. You hereby submit and attorn to the jurisdiction of the BVI Courts in connection with any and all matters related to the judicial supervision of any arbitration arising hereunder; and in respect of any proceedings brought by IOhealth to have any arbitral award converted into a judgment of the Eastern Caribbean Supreme Court at the BVI.
These Terms of Use, together with the Privacy Policy and any other legal notices published by IOhealth, including, but not limited to an end user license agreement, shall constitute the entire agreement between you and IOhealth concerning the IOhealth Services. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of this these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and IOhealth’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. IOhealth reserves the right to amend or modify these Terms of Use at any time, and it is your responsibility to review these Terms of Use for any changes. If you do not agree to the revised Terms of Use, your only recourse is to discontinue the use of the IOhealth Services. Your continued use of the IOhealth Services following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms. YOU AND IOHEALTH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE IOHEALTH SERVICE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. IOhealth makes no representations that the IOhealth Services are appropriate or available for use outside of the British Virgin Islands. Those who access or use the IOhealth Services from other jurisdictions do so at their own volition and are responsible for compliance with the local law to which they are subject.
Copyright Policy
IOhealth does not permit copyright infringing activities and infringement of intellectual property rights through its Services, and IOhealth will remove all content, including Status Updates, if properly notified that such content or Status Update infringes on third party’s intellectual property rights. Please contact IOhealth immediately If you believe that something protected under Copyright Law is being infringed through the IOhealth Services. IOhealth will promptly investigate the matter and handle it accordingly. To file a copyright infringement notification, please send a written communication that includes substantially the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material, including the contact details of the IOhealth user allegedly infringing the copyrighted work; (iv) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (v) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Trademarks
IOHEALTH™ and the IOhealth logo are trademarks of International Technology Enterprise Inc., or its subsidiary, protected in the United States, European Union, and elsewhere. IOhealth’s use of all registered trademarks of third parties, as well as their logos, is subject to the permissions of each one of these third parties.
The design of the IOhealth Services together with the text, scripts, graphics, interactive features and other aspects of the IOhealth Services are owned by or licensed to IOhealth, subject to copyright and other intellectual property rights under United States, EU, and other laws and international conventions. The IOhealth Services are provided to you on an “as is” basis for your information and personal use only. IOhealth reserves all rights not expressly granted in and to the Service. You agree to not engage in the use, copying, or distribution of any of the Services other than expressly permitted herein, including any use, copying, or distribution of any information, data, or content obtained through the Services for any commercial purposes.
Change of Control
If the owners of IOhealth change, such as through a merger, acquisition by another company, or sale of all or a portion of IOhealth’s assets, IOhealth reserves the right to transfer or assign the Information that IOhealth collected from users as part of such merger, acquisition, sale, or other change of control. In the event of IOhealth’s bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, IOhealth may not be able to control how your Personal Information is treated, transferred, or used. IOhealth will post a notice about change of control on the IOhealth Website as soon as legally permissible.
Changes to Policy
From time to time, IOhealth may revise this Policy. IOhealth reserve the right to update or modify this Policy, or any other of IOhealth’s policies or practices, at any time with or without notice. However, IOhealth will not use your Personal Information in a way that is materially different than the uses described in this Policy without giving you an opportunity to opt-out of such differing uses. IOhealth will post the revised Policy on the Site, so that users can always be aware of what information IOhealth collect, how the information is used and under what circumstances such information may be disclosed. You agree to review the Policy periodically so that you are aware of any modifications. Your continued use of the IOhealth Website indicates your assent to any changes and signifies your agreement to the terms of IOhealth’s Policy. If you do not agree with these Terms of Use, you should not use the IOhealth Website, IOhealth Desktop Application, the IOhealth Mobile Application, or any other Service.
Disclaimer
YOU AGREE THAT YOUR USE OF THE IOHEALTH SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, IOHEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. IOHEALTH MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SERVICES’ CONTENT AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF IOHEALTH’S SERVERS (OR THE SERVERS THAT IOHEALTH USES) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES DUE TO THE ACTIONS OF ANY THIRD PARTY; AND (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE IOHEALTH SERVICES. IOHEALTH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE IOHEALTH SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY USER STATUS UPDATES OR OTHER ADVERTISING, AND IOHEALTH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT.
IN NO EVENT SHALL IOHEALTH, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY: (I) ERRORS, MISTAKES, OR INACCURACIES; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF IOHEALTH’S SERVERS (OR THE SERVERS THAT IOHEALTH USES) AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SERVICES DUE TO THE ACTIONS OF ANY THIRD PARTY; AND (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND (WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) INCURRED AS A RESULT OF THE USE OF ANY CONTENT OR INFORMATION MADE AVAILABLE THROUGH THE IOHEALTH SERVICES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT IOHEALTH SHALL NOT BE LIABLE FOR STATUS UPDATES OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY.
You agree to defend, indemnify and hold harmless IOhealth, its parent corporation, affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the IOhealth Services; (ii) your violation of any term of these Terms of use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that your status caused damage to a third party. This clause will survive deactivation and the termination of your access or use of the IOhealth Services.
Update of Information
You can update your information through the IOhealth Website, IOhealth Desktop Application or the IOhealth Mobile Application.
Communications from IOhealth
IOhealth may use information you provided to send you offers, newsletters, push notifications, or updates. You may opt-out of receiving these communications by following the unsubscribe instructions included in each communication. IOhealth may also send service-related announcements when it considers it appropriate to do so (such as when a IOhealth Services will be unavailable due to maintenance). You may not opt-out of these non-promotional service-related announcements.
IOhealth may ask you to provide information about your experiences and satisfaction with IOhealth Services, which will be used to measure and improve quality of IOhealth Services. You are not under any obligation to provide such voluntary feedback or information.
IOhealth may also contact you regarding your use of IOhealth Services, such as use of the Services in violation of these Terms of Use or claims of violation of third party rights.
Maintenance of Personal Information
Subject to applicable laws and regulations, IOhealth will only use your Personal Information for so long as is necessary to fulfil the purposes as set out under these Terms of Use and the Privacy Policy herein. However, it is important to note that communications made by you using IOhealth Services may put your Personal Information in the hands of third parties that IOhealth cannot control, such as hosting companies and data centers. If you would like to update or amend your Personal Information you may do so by logging into your account and making the appropriate changes. In some cases, IOhealth may not be able to update, amend or remove your Personal Information, in which case IOhealth will let you know why IOhealth are unable to do so.
Account Deactivation
IOhealth may not know when and if you delete the IOhealth Mobile Application or the IOhealth Desktop Application. Therefore, if IOhealth detects no activity from your computer or other electronic or mobile device for 180 days, IOhealth will assume that you deleted IOhealth Desktop Application or the IOhealth Mobile Application and IOhealth may remove your address book (but not your account) from IOhealth’s servers (or the servers that IOhealth uses). Deactivating your account will remove your Personal Information from IOhealth within a reasonable period of time (subject to technical limitations), and deactivate IOhealth on your computer or other electronic or mobile device. If you have additional concerns and/or requests, you can contact IOhealth at [email protected].
Subject to applicable laws and regulations, you may have the right to request to receive a copy of and make any corrections to your Personal Information which IOhealth maintains, and to request that IOhealth deactivate and not use any of your Personal Information that is stored by us.
Contact Information
Please direct all questions in connection with these Terms of Use via e-mail to [email protected]. Questions or concerns regarding IOhealth, or its intellectual property rights, should be directed to [email protected].
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by IOhealth without restriction.
Date Last Modified: March 2024