1 Overview

Gain Life, Inc. and its subsidiaries and affiliates (“Gain Life”, “we”, “us”, “our”, “PowerUP”) are the provider of PowerUP. PowerUP is a Program that empowers induviduals to achieve their best in life through nutrition, physical activity, and mindset coaching. We do this via our website at https://go.powerupmyhealth.com (the “Website”), our mobile application (the “Mobile App”), and through nutrition, activity, mindset plans and content, video-sessions, messaging or otherwise (collectively, the “Program,” “Service,” “Services”). To use the Services that Gain Life and its subsidiaries and affiliates provide, you as a user (“User”, “you”, “your”) of the Services must accept the Privacy Policy (the “Privacy Policy”). If you do not consent to the terms of the Privacy Policy, please do not access or use the Services.

We have implemented this Privacy Policy because your privacy, and the privacy of other Users, is important to us. This Privacy Policy describes our policies and procedures regarding the collection, use and disclosure of information we receive from Users of PowerUP, the Program, the Mobile App, and the Website. The information we collect varies depending upon how you use the Website, Mobile App, and Program. This Privacy Policy applies only to information collected through the PowerUP Mobile App, Website, and Program and does not apply to any other Websites, Mobile Apps, Programs, or Services. We are not responsible for, and this Privacy Policy does not apply to, the privacy practices of those other Websites, Mobile Apps, Programs, or Services. We encourage you to seek out and read the Privacy Policy of each website that you visit.

1.1 Personally Identifiable Information

Your privacy is important to Gain Life, and Gain Life is committed to carefully managing your Personally Identifiable Information ("Personally Identifiable Information" or "PII") in connection with the Services that Gain Life provides. “Personally Identifiable Information” means any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, username, password, email address, mailing address, telephone number, birth date, billing and payment information, or other contact information. This Privacy Policy describes the information practices for Gain Life, including what type of information is gathered and tracked, how the information is used, and with whom the information is shared. Gain Life is committed to protecting the privacy of the data you provide in the Service as appropriate, but at the same time encouraging you to interact with and share information about you progress with other Users using the Services.

1.2 Protected Health Information

Gain Life is also committed to protecting the privacy of your protected health information (“Protected Health Information”). “Protected Health Information” is a subset of Personally Identifiable Information that is information about you, including demographic information, that may identify you and that relates to your past, present or future physical or mental health or condition; related health care services; or related to the past, present, or future payment for the provision of health care to you.

For a description of how we may use and disclose your Protected Health Information to carry out treatment, payment or health care operations and for other purposes that are permitted or required by law, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), please refer to our HIPAA Notice of Privacy Practices (“HIPAA Notice”). Any conflict between this Privacy Policy and the HIPAA Notice with respect to such submitted Protected Health Information shall be governed by the HIPAA Notice.

1.3 Participation

Each User’s participation is also governed by the “Terms & Conditions„” which is entered into and agreed to by each User prior to using the Website, Mobile App, and Program. Unless we define a term in this Privacy Policy, all capitalized terms used in this Privacy Policy have the same meanings set forth in our Terms & Conditions,. This Privacy Policy also applies to User’s use of interactive features or downloads that: (i) Gain Life owns or controls; (ii) are available through the Website or the Mobile App; or (iii) interact with the Website (including through social media) and/or the Mobile App.

As used in this policy, the terms “using” and “processing” information include using cookies on a computer, subjecting the information to statistical or other analysis and using or handling information in any way, including, but not limited to collecting, storing, evaluating, modifying, deleting, using, combining, disclosing and transferring information within our organization or among our affiliates within the United States or internationally.

1.4 Consent and Modification

By using the Website, Mobile App, and Service, you consent to the terms of this Privacy Policy and to our processing of Personally Identifiable Information for the purposes set forth herein. If you do not agree to this Privacy Policy, please do not use the Service. We reserve the right, at our discretion, to change this Privacy Policy at any time, which change shall become effective upon posting by the Gain Life on the Website, the Mobile App, via the Service, or sending you an email or other notification. You will be deemed to have agreed to Additional Terms (as defined in the Terms & Conditions,) by your decision to continue accessing the Mobile App or the Website or otherwise using any of the Services following the date in which such Additional Terms become effective.

This Privacy Policy may be updated from time to time. You are advised to consult this policy regularly for any changes. Unless otherwise defined in this Privacy Policy, terms used in this Privacy Policy have the same meanings as in our Terms & Conditions,. If you choose to visit the Website, your visit and any dispute over privacy is subject to this Privacy Policy and the Website’s Terms & Conditions, including limitations on damages, jurisdiction of disputes and application of the law of the State of Massachusetts.

2 Information Collection and Use

In connection with your use of the Website, Mobile App, and Service, we may ask you for Personally Identifiable Information. Personally Identifiable Information may include, but is not limited to, any information that may be used, either alone or in combination with other information, to personally identify an individual, including, but not limited to, a first and last name, a personal profile, username, password, email address, mailing address, telephone number, birth date, billing and payment information, or other contact information. We may also ask you for other information to learn a bit more about you, such as physiological and general health information, lifestyle information, nutrition and activity habits, and other individual preferences ("Non-Identifying Information"). Non-Identifying Information may also include Usage Information (“Useage Information”) which may include but is not limited to:

  • User’s IP address, UDID or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to User’s Device used to access the Website, and Gain Life’s computers identify User’s Device by its Device Identifier.
  • User’s Device functionality (including browser, operating system, hardware, mobile network information).
  • User’s subscription level.
  • The URL that referred User to Gain Life’s Website.
  • The areas within Gain Life’s Website and/or Mobile App that User visits and User’s activities there, including remembering User, User’s preferences and pages User requested and/or viewed.
  • User’s Device location.
  • User’s Device characteristics.
  • Certain other Device data, including the time of day, among other information.

Gain Life may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on User’s Device. The Tracking Technologies that may be used include, but are not limited to, the following and any subsequent technology and methods later developed which perform a similar function:

  • Cookies. A cookie is a data file placed on a Device when it is used to visit the Website. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by User to User’s Device. HTML5 cookies can be programmed through HTML5 local storage. Unlike Flash cookies, HTML5 cookies do not require a plug-in. Regular cookies may generally be disabled or removed by tools that are available as part of most commercial browsers, and in some but not all instances can be blocked in the future by selecting certain settings. Each browser User uses will need to be set separately and different browsers offer different functionality and options in this regard. Also, these tools may not be effective with regard to Flash cookies or HTML5 cookies. Please be aware that if User disables or removes cookies, Flash cookies, or HTML5 cookies on User’s Device, some parts of Gain Life’s Website, Mobile App and/or Services may not function properly, and that when User revisits Gain Life’s Website, Mobile App and Services User’s ability to limit cookies is subject to User’s browser settings and limitations.
  • Web Beacons. Small graphic images or other web programming code called “web beacons” (also known as “1×1 GIFs” or “clear GIFs”) may be included in pages and messages of our Website, Mobile App and Services. Web beacons may be invisible to User, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Website, Mobile App and Services, to monitor how users navigate the Website, Mobile App and Services, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.
  • Embedded Scripts. An embedded script is programming code that is designed to collect information about User’s interactions with the Website, Mobile App and Services, such as the links User clicks on. The code may be temporarily downloaded onto User’s Device from Gain Life’s web server and/or Mobile App or a third party service provider, is active only while User is connected to the Website and/or Mobile App, and is deactivated or deleted thereafter.
  • ETag, or entity tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.

Gain Life may use Tracking Technologies for a variety of purposes, including, but not limited to:

  • Strictly Necessary. Gain Life may use cookies or other Tracking Technologies that Gain Life considers strictly necessary to allow User to use and access Gain Life’s Website, Mobile App and Services, including cookies required for system administration, to prevent fraudulent activity, or to improve.
  • Performance Related. Gain Life may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Website, Mobile App and Services, including as part of Gain Life’s analytic practices or otherwise to improve the content, products or services offered through the Website, Mobile App and Services.
  • Functionality Related. Gain Life may use cookies or other Tracking Technologies that are required to offer User enhanced functionality when accessing the Website, including identifying User when User sign in to Gain Life’s Website or keeping track of User’s specified preferences, including in terms of the presentation of content on Gain Life’s Website.
  • Gain Lifeobtains User’s consent to Gain Life’s information storage or collection Tracking Technologies by providing User with transparent information in Gain Life’s Privacy Policy and providing User with the opportunity to make a choice to disable cookies as set forth above. Please note that Gain Life is not required to obtain User’s consent to the information collection Tracking Technologies identified above that is strictly necessary. User has the right to object to other use of information storage or collection technologies.
  • There may be other Tracking Technologies now and later devised and used by Gain Life in connection with the Website, Mobile App and Services. Further, third parties may use Tracking Technologies with Gain Life’s Website. Gain Life does not control those Tracking Technologies and Gain Life is not responsible for them. However, User consents to potentially encountering third party Tracking Technologies in connection with use of Gain Life’s Website, Mobile App and Services and accepts that Gain Life’s statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties. The User should check the third party websites to confirm how User’s information is collected and used.
  • Various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser do not track signals). Currently, Gain Life does not monitor or take any action with respect to these signals or other mechanisms.

Gain Life may collect and process Personally Identifiable Information and Non-Identifying Information when a User registers for or uses the Services and/or uses the Website and/or the Mobile App, interacts with the Website and/or the Mobile App, use any aspects of our Services, or otherwise contacts Gain Life.

2.1 Information Use

Gain Life uses Non-Identifying Information for purposes such as measuring the number of visitors to sections of our Website and Mobile App, making the Website and Mobile App more useful to visitors, and delivering targeted advertising and non-advertising content. We use Useage Information to analyze trends, administer the Website, track a User’s movement, and gather demographic information for aggregate, non-personally identifiable use. Such information is used to monitor and analyze use of the Website, Mobile App and Program and for the Website and Mobile App’s technical administration, to increase our Program’s functionality and user-friendliness, and to better tailor it to our Users’ needs. For example, some of this information is collected so that when you visit the Website again, it will recognize you and provide content relevant to you. We also use this information to verify that visitors to the Website meet the criteria required to process their requests. We do not treat Useage Information as Personally Identifiable Information or use it in association with other Personally Identifiable Information, though we may aggregate, analyze and evaluate such information for the same purposes as stated above regarding other Non-Identifying Information. We may share aggregated information that does not include Personally Identifiable Information and we may otherwise disclose Non-Identifying Information and Log Data with third parties for industry analysis, demographic profiling and other purposes. Any aggregated information shared in these contexts will not contain your Personally Identifiable Information. We do not use your health related information for any purpose other than to provide you with nutrition, activity, and mindset coaching Programs you request from us.

2.2 Changing or Deleting Your Information

All registered Users may review, update, correct or delete the Personally Identifiable Information provided to us by contacting us. If you completely delete all such information, then your account may become deactivated. If you would like us to delete your account in our system, please contact us at info@powerupmyhealth.com with a request that we delete your Personally Identifiable Information from our database. We will use commercially reasonable efforts to honor your request. We may retain an archived copy of your records as required by law or for legitimate business purposes.

2.3 User-Generated Content and Public Information

“User Content” is any content, materials or information (including without limitation, any text, information, graphics, messages, photos, images, works of authorship kind, and any nutritional, activity, and/or lifestyle information), data, questions, comments, suggestions or other content, including Personally Identifiable Information that you upload, send, email, display, perform, distribute, post or otherwise transmit to us, at our request or on your own, on, or through the Services (such as message boards, recipe logging), whether in connection with your use of the Services or through the use of any third party Websites or third party Services or otherwise, and whether publicly posted or privately transmitted.

Gain Life or others may store, display, reproduce, publish, distribute or otherwise use User Content online or offline in any media or format (currently existing or hereafter developed) and may or may not attribute it to the User. Gain Life may also publish User’s name, voice, likeness and other Personally Identifiable Information that is part of User’s User Content, and Gain Life may use the content, or any portion of the content, for advertising, marketing, publicity and promotional activities.

Please keep in mind that certain features on our Website, Mobile App, and Service including forums, message boards, chats, ask coach, creating community profiles, and commenting on articles or posts, give you an opportunity to interact with us and others. A User’s profile page may be, by default, set up to display information such as the User’s display name, images, location (city/state/country), groups that the User has joined and optional information added by the User. Gain Life may offer Users the ability to manage their public profile and use profile preference settings, the functionality and features of which are subject to change. Gain Life recommends that the User does not post information or content as part of the User’s profile that the User is not prepared to make public, and that the User visits his or her profile frequently to confirm that the settings reflect the User’s then current preferences. Changing profile preference setting options may not result in immediate changes to the settings, which are subject to Gain Life’s operations and maintenance schedules. Users should carefully consider the use of such settings to improve information display options and to ensure the settings are properly set and functioning in the manner desired. Notwithstanding the availability of profile preference settings, User should be aware that these settings are for convenience only, do not employ complex data security protection and may not be error free. Further, other users that have access may repost or otherwise make public User’s information or content. Accordingly, discretion and good judgment should be exercised when posting information or content as part of User’s profile. Any information you submit, including your name, location and email address, Personally Identifying Information, Non-Identifying Information, and User Content may be publicly available to others. Others may have access to this information and may have the ability to share it with third parties. Please think carefully before deciding what information you share, and be aware that public postings (including group messaging with other Users) are not confidential, that Gain Life does not control who will have access to the information that User chooses to make public, and that Gain Life cannot ensure that parties who have access to such publicly available information will respect User’s privacy or keep it secure. Gain Life is not responsible for the privacy or security of any information that User makes publicly available on the Service, the Mobile App or Website including what others do with information User shares with them on the Mobile App and Website. When a User chooses to post information that will be publicly disclosed, he or she is responsible for ensuring that such information conforms to all local data protection laws. In addition, Gain Life is not responsible for the accuracy, use or misuse of any User Content that a User may receive from third parties or other Users through the Service, Mobile App, and/or Website.

2.4 Supplemental Information

We may also supplement the information we collect with information from other sources to assist us in evaluating and improving our Mobile App, Website, Program, and Services, to determine your preferences so that we can tailor our Mobile App, Website, Program, and Services to your needs, and/or to study nutritional, weight-loss, behavioral and fitness questions in general. In addition, to the extent that Gain Life collects and processes Personally Identifiable Information, Non-Identifying Information, and/or supplemental information, Gain Life reserves the right to use such information for various purposes including, but not limited to:

  • To contact User regarding new Service features, special offers, or news or articles Gain Life thinks will be of interest to User. Gain Life may send User regular updates on issues Gain Life thinks will be of interest to User.
  • To contact User with regard to User’s use of the Services and, in Gain Life’s discretion, changes to the Services and/or the service policies.
  • For internal business purposes.
  • For purposes disclosed at the time User provide User’s information or as otherwise set forth in this Privacy Policy.
  • To provide User with information or services or process transactions that User has requested or agreed to receive including to send User electronic newsletters, or to provide User with marketing materials.
  • To enable User to participate in a variety of the Service features.
  • To enhance and/or develop Service features.
  • To allow us to personalize the content that Users see on the Website, Mobile App, and elsewhere in relation to the Program and Service.
  • To process User’s account registration, including verifying User’s information is active and valid.
  • To identify User as the author of any comments that User sends to Gain Life to be posted on the Website or Mobile App, or in relation to the Program and/or Service.
  • To ensure that content on the Website and Mobile App is presented in the most effective manner for User and for User’s computer or mobile device.
  • To provide advertisers and other third parties with aggregate information about our subscribers, Website user base, and usage patterns, and to allow other select companies to send you promotional materials about their products and Programs.
  • To provide User with information relating to any events held by Gain Life, where User has consented to be contacted for such purposes.
  • To provide User with access to User’s personal account.
  • To enable us to process and fulfill a User’s subscription and/or other requests.

If you decide at any time that you no longer wish to receive such communications from us, please follow the unsubscribe instructions provided in any of the communications or contact us directly at info@powerupmyhealth.com. (See “Changing or Deleting Information,” below.)

3 Additional Considerations

3.1 Service Providers

We may employ third party companies and individuals to facilitate our Program, to provide the Program on our behalf, to perform Website-related Programs (e.g., without limitation, maintenance Programs, database management, web analytics and improvement of the Website’s features) or to assist us in analyzing how our Website and Program are used. These third parties have access to your Personally Identifiable Information only to perform these tasks on our behalf and are obligated not to disclose or use it for any other purpose.

3.2 Compliance with Laws and Law Enforcement

Gain Life cooperates with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including but not limited to subpoenas), to protect the property and rights of Gain Life or a third party, to protect the safety of the public or any person, or to prevent or stop activity we may consider to be, or to pose a risk of being, illegal, unethical or legally actionable activity.

3.3 Business Transfers

Gain Life may sell, transfer or otherwise share some or all of its assets, including your Personally Identifiable Information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.

3.4 International Transfer

Your information may be transferred to — and maintained on — computers located outside of your state, province, country or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to provide information to us, Gain Life transfers Personally Identifiable Information to the United States and processes it there. Your consent to this Privacy Policy followed by your submission of such information represents your agreement to that transfer.

3.5 Security

Gain Life uses commercially reasonable administrative, technical, personnel and physical measures to safeguard Personally Identifiable Information in our possession against loss, theft and unauthorized use, disclosure or modification but we cannot assure that your Personally Identifiable Information or Non-Identifying Information will never be disclosed in a manner that is inconsistent with this Privacy Policy. Furthermore, we are not responsible for any breach of security or for any actions of any third parties that receive the information.

Gain Life will make any legally required disclosures of any breach of the security, confidentiality, or integrity of your unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to you via email or conspicuous posting on this Website in the most expedient time possible and without unreasonable delay, insofar as consistent with (i) the legitimate needs of law enforcement or (ii) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

3.6 Links to Other Websites

Our Website and Mobile App may contain links to other websites. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization or representation of our affiliation with that third party, nor is it an endorsement of their privacy or information security policies or practices. We do not exercise control over third party websites. These other websites may place their own cookies or other files on your computer, collect data or solicit Personally Identifiable Information from you. Other Websites follow different rules regarding the use or disclosure of the Personally Identifiable Information you submit to them. We encourage you to read the privacy policies or statements of the other websites you visit.

3.7 Our Policy Toward Children

The Website, Mobile App, and Services are not directed to persons under 18. Gain Life does not knowingly collect personally identifiable information from children under 13. If a parent or guardian becomes aware that his or her child has provided us with Personally Identifiable Information without their consent, he or she should contact us at info@powerupmyhealth.com. If we become aware that a child under 13 has provided us with Personally Identifiable Information, we will delete such information from our files.

4 Contact Us

If you have any questions about this Privacy Policy, please contact us at info@powerupmyhealth.com or call us at 1-888-767-1125.