Effective as of September 8th, 2020
Welcome to PostureHealth, a website and desktop application (collectively, the “Site”) operated by PostureHealth, Inc. (the “Company”).
Please review these Terms carefully. By accessing or using the Site, you show you agree to these Terms. If you don’t agree to these Terms, you may not access or use the Site.
ABOUT THE SITE
The Site guides posture, prevents sedentary behavior, and suggests exercises that may prevent and treat back and joint pain.
Services provided via the Site are called the “Service” in these Terms.
You will also be asked to create a password.
Also, please note that the Site is under constant development. New features may be added frequently, so it’s important to check back to this page for updates.
USE OF THE SITE AND MEDICAL WARNINGS
You need to be at least 18 years old to use the Site.
The Site is not a replacement for medical treatment. You are solely responsible for your use of the Site. If you have or think you may have any serious health or back-related condition, do not use the Services and contact your doctor right away for further medical evaluation.
If any of the conditions listed below apply, or may apply, to you, do not use the Site unless you have been cleared to do so by a physician.
- Potential spinal injury or fracture.
- Decreased bone density.
- Spinal tumor.Spinal infection.
- Disc herniation, numbness or weakness in the legs, loss of sensation in the genital area, or bowel or bladder incontinence.
- Spinal surgery (in the past or recommended).
- Advanced heart disease (or symptoms including shortness of breath, heart palpitations, leg edema, or cough).
- Conditions affecting your control over your lower body, including neurological conditions.
- Soft tissue, bony, or musculoskeletal injury or disorder
- Musculoskeletal problems affecting major joints in the lower body.
- Pregnancy (or potential pregnancy).
- Gait imbalance or history/risk of falls (including dizziness and low blood pressure induced by exercise).
- Coagulopathy or history of bleeding events or disorders.
If you have been referred to a specialist, if you are currently seeing a specialist, or if you have seen a specialist in the past in connection with your condition, you should not use the Services.
NO MEDICAL ADVICE
The Site lets you enter information about your experiences with back pain and receive exercise suggestions based on this information. The Service can track your exercise schedule and progress and suggest changes to your exercises as you progress.
THE COMPANY AND SITE DO NOT PROVIDE MEDICAL ADVICE.
THE CONTENT ON THE SITE IS NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS CONSULT WITH YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER ABOUT YOUR MEDICAL CONDITION AND ANY EXERCISE PLAN.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY.
Via the Site, you may be able to contact third-party physical therapists (PTs) using the Twilio platform. Any medical advice you receive by these PTs is provided by the PTs and not by the Company.
Your permission to use the Site is conditioned upon the following restrictions and conditions.
You agree that you will not:use, display, mirror or frame the Site or any individual element within the Site, Company’s name, any Company trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Company’s express written consent;access, tamper with, or use non-public areas of the Site, Company’s computer systems, or the technical delivery systems of Company’s providers;attempt to probe, scan or test the vulnerability of any Company system or network or breach any security or authentication measures;avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Company or any of Company’s providers or any other third party (including another user) to protect the Site;use any meta tags or other hidden text or metadata utilizing a Company trademark, logo URL or product name without Company’s express written consent;use the Site, or any portion thereof, for any commercial purpose or for the benefit of any third party other than as permitted by these Terms;forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site to send altered, deceptive or false source-identifying information;collect or store any personally identifiable information from the Site or from other users of the Site without their express permission;impersonate or misrepresent your affiliation with any person or entity;sublicense, resell, rent, lease, transfer, assign, time share, or otherwise commercially exploit or make the Site available to any third party;use the Site for any unlawful purpose or for the promotion of illegal activities;use the Site to attempt to, or harass, abuse or harm another person or group;use another user’s account without permission;interfere or attempt to interfere with the proper functioning of the Site;make any automated use of the Site, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;attempt to decipher, reverse engineer, decompile, or disassemble any portion of the Site or the software used to provide the Service;bypass any robot exclusion headers or other measures we take to restrict access to the Site or use any software, technology, or device to scrape, spider, or crawl the Site or harvest or manipulate data;publish or link to malicious content intended to damage or disrupt another user’s browser, computer, or mobile device; orencourage or enable any other individual to do any of the foregoing.
MONITORING AND COMPLIANCE
Although the Company is not obligated to monitor access to or use of the Site, we have the right to do so for the purpose of operating the Site, to ensure compliance with these Terms, and to comply with applicable law or other legal requirements. We reserve the right, but are not obligated, to remove or disable access to the Site or any content, at any time and without notice. We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.
You acknowledge and agree that the Company and its licensors retain ownership of all intellectual property rights of any kind related to the Site, including applicable copyrights, trademarks, and other proprietary rights. The Company reserves all rights that are not expressly granted to you under these Terms.
We welcome and encourage you to provide feedback, comments, and suggestions for improvements of the Site (“Feedback”). You may submit Feedback by emailing us at email@example.com. You acknowledge and agree that if you submit any Feedback to us, you hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub-licensable (through several tiers) and transferable license under any and all intellectual property rights that you own or control in relation to the Feedback to use, reproduce, view, communicate to the public by any means, print, copy (whether onto hard disk or other media), edit, translate, perform and display (publicly or otherwise), distribute, redistribute, modify, adapt, make, sell, offer to sell, transmit, license, transfer, stream, broadcast, create derivative works from, and otherwise use and exploit the Feedback for any purpose.
You agree to indemnify, defend, and hold harmless the Company from any and all claims, liabilities, expenses, and damages, including reasonable attorneys' fees and costs, made by any third party related to: (a) your use or attempted use of the Site in violation of these Terms; or (b) your violation of any law or rights of any third party.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Site, including via links to third-party sites, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Site and neither does the Company adopt nor endorse, nor is the Company responsible for, the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Site, or transmitted to users.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
For contractual purposes, you (a) consent to receive emails via the email address you have submitted when you sign up on the Site; and (b) agree that all Terms, agreements, notices, disclosures, and other communications that the Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
The Company may also use your email address to send you other messages, including information about the Company and Site and special offers. You may opt out of such email by changing your account settings or sending an email to firstname.lastname@example.org
THE SITE AND SERVICE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SITE AND SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR UPLOADING, DOWNLOADING, AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL SENT TO OR OBTAINED FROM THE SITE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) YOUR USE OR INABILITY TO USE THE SITE; (B) THE SITE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SITE AND SERVICE AVAILABLE; OR (C) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SITE, OR ANY PTs OR OTHER MEDICAL PROFESSIONALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), FRAUD, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
IN NO EVENT WILL COMPANY’S LIABILITY TO YOU EXCEED $10. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
The Company can amend these Terms at any time. It’s your responsibility to check the Site from time to time to view any such changes. If you continue to use the Site, you show your agreement to our revisions to these Terms. Any changes to these Terms (other than as set forth in this paragraph) or waiver of the Company’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of the Company. No purported waiver or modification of these Terms by the Company via telephonic or email communications shall be valid.
We may terminate this agreement, and/or your access to the Site and/or Services, at any time and for any reason, with or without advance notice.
If any part of these Terms is held invalid or unenforceable, that portion of the Terms will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of these Terms will not be considered a waiver of our right to enforce such provision. Our rights under these Terms will survive any termination of these Terms.
You agree that any legal action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms and your use of the Site and Service are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.
You agree to resolve any claims relating to these Terms or the Site through final and binding arbitration. Any arbitration will be conducted by the American Arbitration Association (AAA) under its commercial arbitration rules. The arbitration will be held in San Francisco, CA.
ARBITRATION MUST BE ON AN INDIVIDUAL BASIS. THIS MEANS NEITHER YOU NOR THE COMPANY MAY JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS, OR LITIGATE IN COURT OR ARBITRATE ANY CLAIMS AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.
If you attempt to bring any legal action against the Company based in any way on the Site you agree that, in the event you do not prevail or the Company does prevail, you will reimburse the Company for any costs and attorneys’ fees associated with its defense of the action.
NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users are entitled to the following specific consumer rights notice. You may contact us at email@example.com. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Last Updated: June 29th, 2021
Welcome to Zen, a website and desktop application (collectively, the “Site”) operated by PostureHealth, Inc. (the “Company”).
The Site provides the Service as explained in our Terms & Conditions.
Your privacy is a top priority for us. We do not record or store any visuals from your "posture" sessions. We never will.
“Company” means PostureHealth, Inc. 149 New Montgomery Street, San Francisco, CA 94105, USA.
“GDPR” means that General Data Protection Regulation Act. (This is a law that applies in the European Economic Area (EEA).)
“Data Controller” means the natural or legal person who (either alone or jointly or in common with other persons) determines the purposes for which and the manner in which any personal information are, or are to be, processed. The Company is the Data Controller for the personal data you submit via the Site.
“Data Processor” means any natural or legal person who processes the data on behalf of the Data Controller.
Data Subject is any living individual who is using our Site.
Principles for Processing Personal Data
Our principles for processing personal data subject to the GDPR are:
Fairness and lawfulness. When we process personal data, the individual rights of the Data Subjects must be protected. All personal data must be collected and processed in a legal and fair manner.Restricted to a specific purpose. The personal data of Data Subject must be processed only for specific purposes.Transparency. The Data Subject must be informed of how his/her data is being collected, processed and used.Accuracy. We take reasonable steps to ensure that personal data will be accurate, and that any mistakes are rectified or erased without delay.Storage Limitation. We will not keep personal data for longer than we need it. (However, we may keep anonymized data for an indefinite term.)Confidentiality and Integrity. We use appropriate measures to maintain the confidentiality and integrity of personal data.
What information do we collect?
When you register to use the Service via the Site you'll be asked to provide certain information about you, such as your name, phone number, and email.
We and our third-party service providers may collect certain information about your use of our Site. For example, we may collect and/or use:
Log information (including your IP address, browser type, Internet service provider, referring and exit pages, operating system, dates/time of access, and related data)Information collected by cookies and tracking pixels (as discussed below)Web beacons (also called "Internet tags" or "clear gifs"; used to count visitors to our Site and which pages were viewed and links clicked)Embedded scripts (code temporarily downloaded onto your device to collect information about your interactions with the Service and thereafter deleted or deactivated)
Where do we store your information?
Your information may be stored in our own servers or in servers owned by third-party cloud storage providers.
How do we use your information?
Information we collect from you might be used:
To verify your identity when you return to the SiteTo provide you with ServicesTo notify you about changes to our Site and ServicesTo gather analysis or other information to improve our Site and ServicesFor marketing purposesTo personalize the ads you see when you visit other sitesTo respond to your messages and commentsTo provide customer supportTo detect, prevent, and address technical issuesTo send you technical notices
Legal Basis for Collecting and Processing Personal Data
Our legal basis for collecting and using the personal data described in this Policy depends on the personal data we collect and the specific context in which we collect the information:
We need to perform a contract with you.You have given us permission to do so.Processing your personal data is in our legitimate interests.We need to comply with the law.Please be aware that if you do not provide personal data we may be unable to provide some Services to you.
Cookies are small files that include an anonymous unique identifier. Cookies let us recognize your browser and remember certain information about you in order to personalize your experience of our Site.
We may use both persistent and session cookies. Persistent cookies remain on your computer after you close your session and until you delete them; session cookies expire when you close your browser.
A tracking pixel is a tiny pixel-sized image that allows us to track your Site visits, advertising impressions, and other types of Internet activity. It's also sometimes called a web bug, beacon, or page tag.
Do We Use Google AdWords or other remarketing methods?
We may use the Google AdWords remarketing service to advertise on third party websites (including Google) to previous visitors to our Site. It could mean that we advertise to previous visitors who haven’t completed a task on our site, for example using the contact form to make an enquiry. This could be in the form of an advertisement on the Google search results page, or a site in the Google Display Network.
You can set preferences for how Google advertises to you using the Google Ad Preferences page.
Do We use Google Analytics?
For more information on Google Analytics or to opt-out of having your information shared through Google Analytics, visit: http://www.google.com/intl/en/analytics/privacyoverview.html.
We use this information to make our Site easier to find on the Internet and to improve our Site by learning which pages and features are interesting to our visitors. We treat this information as non-personal information and do not attempt to connect it to personally identifiable information, except as otherwise required by law.
Do we transfer your data to other countries?
We may transfer to, and store the data we collect about you in, countries other than the country in which the data was originally collected, including the United States, Canada or other destinations outside the European Economic Area (“EEA”). Those countries may not have the same data protection laws as the country in which you provided the data. When we transfer your data to other countries, we will protect the data as described in this Policy and comply with applicable legal requirements providing adequate protection for the transfer of data to countries outside the EEA.
If you are located in the EEA, we will only transfer your personal data if:
the country to which the personal data will be transferred has been granted a European Commission adequacy decision;the recipient of the personal data is located in the US and has certified to the US-EU Privacy Shield Framework; orwe have put in place appropriate safeguards in respect of the transfer, for example we have entered into EU standard contractual clauses with the recipient, or the recipient is a party to binding corporate rules.You may request more information about the safeguards that we have put in place in respect of transfers of personal data by contacting us.
How Do We Respond to "Do Not Track" Signals?
We may track your browsing behavior to better tailor suggestions and information for you.
Some third-party sites also keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you.
You can opt out of certain tracking by adjusting the settings on your browser. However, many websites (including the Site) may not respond to such signals.
There are also browser extensions that may block tracking. Again, they may not be effective in all cases.
How long do we store your information?
We will retain your personal information only for as long as is necessary for the purposes set out in this Policy.
We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.
We intend to store some of your information and User Content indefinitely.
What about links to other websites?
We may provide links to or compatibility with other websites. However, we’re not responsible for the privacy practices employed by those websites or the information or content they contain, or for any interactions with such websites or their users.
How do we protect your information?
We use Site-appropriate physical, electronic, and other procedures to safeguard and secure the information we collect. However, please be aware that the Internet is an inherently unsafe environment, and that hackers are constantly working to defeat security measures.
Thus, we cannot guarantee that your information will not be accessed, disclosed, altered or destroyed, and you accept this risk.
How can you protect your information?
We urge you to take steps to keep your personal information safe by not sharing it with others or posting it online.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information (PII) for commercial or marketing purposes.
We may share your PII with third-party processors, which can include:
Payment processorsProviders of email management and distribution toolsProviders of security and fraud prevention servicesProviders of date aggregation and analytics softwareWe will, if required by a valid court order, provide your personal information in a civil or criminal proceeding.
We will not share any PII that we have collected from or regarding you except as described below.
Information Disclosed in Connection with Business Transactions. If we are acquired by a third party as a result of a transaction such as a merger, acquisition or asset sale or if our assets are acquired by a third party in the event we go out of business or enter bankruptcy, some or all of our assets, including your PII, may be disclosed or transferred to a third party acquirer in connection with the transaction.
Information Disclosed for Our Protection and the Protection of Others. We cooperate with government and law enforcement officials or private parties to enforce and comply with the law. We may disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate: (i) to respond to claims, legal process (including subpoenas); (ii) to protect our property, rights and safety and the property, rights and safety of a third party or the public in general; and (iii) to stop any activity that we consider illegal, unethical or legally actionable activity.
The Company works with certain third-parties to provide specific functionality within the Site.
By using the Site, you also authorize the engagement of these third parties as sub-processors of your data.
If you object to the sub-processors’ handling of your data on the terms indicated at the links, please terminate your use of the Site.
Entity NameSubprocessing ActivitiesEntity CountryGoogle FirebaseCloud Service ProviderUSAAmazon Web Services, Inc.Cloud Service ProviderUSA
You may contact these sub-processors directly to have any information they store about you erased.
Not Intended for Children
Our Site is not intended for children under the age of 18 We do not knowingly or specifically collect information from or about children under the age of 18.
Notice for Minors
If you are under the age of 18, and If our Site publicly displays your content, at any time you can delete or remove your content using the deletion or removal method within our Site. If you have questions about how to remove your content, or you need assistance, you can contact us here. Although we offer deletion capability, you should be aware that your removal of your content may not ensure complete or comprehensive remove the content or information posted through the Site, especially if it has been shared by others. Also, there may be circumstances in which the law does not require or allow removal even if requested.
Data Protection Rights
If you are a resident of the European Economic Area (EEA), you have certain data protection rights. If you wish to be informed what personal data we hold about you and if you want it to be removed from our systems, please contact us.
In certain circumstances, you have the following data protection rights:
The right to be informed of your rightsThe right to access, update or to delete the information we have on youThe right of rectification (to correct mistakes)The right to erasure (known as “the right to be forgotten”)The right to restrict processing of your dataThe right to data portabilityThe right to withdraw consentIf you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm.
If you wish to withdraw your consent to process your personal data, please contact us. If you withdraw your consent, this will not make processing which we undertook before you withdrew your consent unlawful.