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Privacy Policy

Privacy Policy

The Diary Corporation (“we” or “us” or “company”) is passionate about you, your health, and your privacy and security. As part of our commitment to you, below is our Privacy Policy (“Policy”) that ensures the information that you enter in The Diary®, our mobile application, and the Lifetime Health Diary™, our web based application (together the “Diary”), always belongs to you and is kept as safe and secure as reasonably possible. You control your information and how we interact with you – and that is what makes us different.

This Policy also applies to any other products, services, or platforms we may provide or make available to you from time to time, as well as your general dealings with us – including through our website and any other on-line or mobile platforms (“Services”).

If you have any questions or comments about this Policy, please contact our Kindness Care™ center.   For information about how to reach our Kindness Care™ center contact us here.

 

Accepting Our Privacy Policy

By using the Diary or any of our other Services, you agree to this Policy. We will also highlight this during the initial sign-up or account creation process, and you will be expressly asked to agree. Once agreed, this Policy is legally binding on both parties.

 

Changing Our Privacy Policy

Occasionally we may need to change this Policy. We will make you aware of any changes in advance on our website, and tell you the date when those changes apply. By continuing to use the Diary or the Services after that date, you agree to the revised Policy. Otherwise, you are free to close your Diary (see “Closing your Account” below).

 

Data Processing in the United States

We are a US company. You agree to have your information stored and processed in the United States or other jurisdictions as determined by us in our sole and absolute discretion.

 

Permitted Users

By setting up a Diary account, you represent that you have either reached the age of “majority” where you live or have valid parent or legal guardian consent to be bound by these Terms, and that you are not barred from setting up an account, using a Diary or receiving Services under applicable laws. If you do not know whether you have reached the age of majority where you live or do not understand this section, please ask your parent or legal guardian for help before you create an account. If you as a parent or guardian create an account for a minor or you are the parent or guardian of a minor who sets up an account, you accept these Terms on the minor’s behalf, and are responsible for all use of the account, the Diary or Services, including purchases.

You can create a Diary for others only where you are the authorized individual-representative (a parent, guardian, or legal representative establishing a subscription for a Diary).  By setting up such an account you automatically certify and agree that (i) you have this authority, (ii) we are entitled to rely of your certification as true, and (iii) you will hold us harmless from any claim by such others that you did not have authority to create a Diary for them. Subject to an agreement with our company, we will permit organizations (including not-for-profit entities) and individuals to create Diaries, set up accounts for others and encourage them to use a Diary or other Services. Whether you set up your own Diary account or one is set up for you and you agree to become a Diary user, these Terms shall apply to you and govern your relationship with us.

We reserve the right to restrict in our sole discretion who is eligible to use the Diary or our Services, or set up an account, and to reject a request to create a Diary account or close an account at any time without liability. We will only do this where we believe we have a reasonable concern or issue.

Apple Health App Integration

You may opt to integrate The Diary with the Apple HealthKit™ database. The Diary cannot read or write to the HealthKit database without your explicitly granted permission. Data or Documents accessed from the HealthKit database will never be shared with third party service providers without your explicit permission. Your HealthKit sourced data or documents will only be used, with your permission, to improve health management, or for the purpose of health research, and will never be shared with advertisers or used for marketing purposes.
The information you provide directly from the Apple Health App (i.e., not through The Diary) is governed by the Apple Terms and Conditions and Privacy Policy. The Diary is in no way responsible for the protection of data and information stored within the Apple HealthKit database.

Personal Information and Sharing

Personally identifiable information such as your name, address, email address, telephone number, and payment information, and your health information such as any information about a medical condition or other information obtained from your doctor or health records, submitted by you and persons authorized by you and from third party data sources approved by you in your Diary, including data integrated from Apple’s HealthKit database, (“Your Data”) is completely controlled by and belong to you. Except as provided in this Policy, we will never use Your Data for any purpose without your express permission.

General Diary user information includes data such as (i) profile data (age, gender, or location data), (ii) technology data (e.g. device & browser type), (iii) user behavior data such as how many invitations are sent, accepted, declined, expired, how often owners login and for how long, how often guests login and for how long, what features are used and how often, etc. We use general user information for internal purposes only to improve our product, services and overall user experience.

Anonymized and aggregated data includes Your Data which has been de-identified and aggregated with other Diary users and, in some cases, non-Diary user data. We use anonymized and aggregated data for internal purposes only to learn more about our Diary users’ needs and interests, to identify how we can improve the Diary to better serve our users, and to determine what 3rd party products and services may be most useful and valuable to them.

You may keep Your Data completely private, share discrete components or share everything with one or more people or organizations through the settings in your Diary account. Once you grant access, a permitted user can then view, save outside your Diary, and may even share Your Data with others. You can remove access from anyone at any time, but someone who had access may have separately stored some or all of Your Data with or without your permission and agreement (see “Closing Your Account” below). They may also have re-published Your Data on the internet or other locations and could continue to share Your Data without your permission. Once Your Data is shared with others, or is out on the internet, it is nearly impossible to have it completely erased. You are responsible for what happens to Your Data after you share it. When you accept your Settings for sharing or specifically agree by “opting in” to share Your Data, you are authorizing us to use, distribute, and otherwise make available Your Data as you instruct or permit. Where you have chosen to give access to Your Data to any third parties (including, but not limited to, medical providers, hospitals, insurers, and other Diary users) for medical diagnosis, care delivery, payments, support, analysis, and other purposes in either or both anonymous and personally identified formats with that party’s requirement that some or all of Your Data will not be deleted in the future (in connection, for example, with their copy of your medical records, and billing and legal needs), then Your Data will continue to be stored, shared and used as you have agreed. We do not limit or control with whom you share Your Data. Parties with whom you share Your Data may have very different privacy policies and terms of use from ours. You understand and accept that it is your responsibility, prior to sharing Your Data, to review and choose to accept the privacy policy and terms and conditions of any parties with whom you share Your Data and the implications of such sharing. You agree not to hold us responsible for any use or publication of Your Data which you have chosen to share from your Diary or account.

Except as we state in this Policy, we will not make Your Data available to anyone with whom you have not instructed or permitted us to distribute or share Your Data. Where we believe in good faith that we have a legal obligation to make that data available to the authorities, or if the threat of physical harm or other damage exists to you, our company, or someone else, we reserve the right to provide any information to the proper authorities and as needed to protect those parties from harm.

Prior to us stopping business for any reason, we will notify you where we can, in advance, and allow you to export or delete Your Data. If we are acquired, purchased, merged or operated by another company, that company could change this Policy or our Terms of Use, including provisions governing how it treats Your Data. You must be notified of any changes to this Policy and, if changes are objectionable to you, your options include the export of Your Data, closing your account and deletion of its contents (as described below).

Security

We take security very seriously and use multiple methods of encryption and security to ensure that Your Data is protected when it is in your Diary. When you opt to use Services which require our employees or Service Providers to have access to Your Data to perform the Services, we agree to implement procedures to protect your security and privacy. However, we cannot and do not guarantee that a breach will never occur or that Your Data will be 100% secure and will never be misused, and you acknowledge and agree that we cannot be held responsible for any breach or unauthorized access to or use of Your Data.

We provide you with multiple ways to share Your Data, including, but not limited to, email, text, Airplay, etc., which will not encrypt or protect Your Data during transmission. You agree that when you share Your Data using tools which do not provide the necessary encryption and other appropriate protections, that you do so knowingly, at your own risk; and we cannot be held responsible for any breach, hack, or unauthorized access to or use of Your Data.

To prevent access to your Diary by people with malicious intent, we strongly encourage you to follow best practices for a safe password, identity and personal health information management, and to not share your Diary credentials or Your Data with anyone with whom you do not have a high level of trust.

Service Providers

From time to time, we may establish business relationships with other businesses whom we believe are trustworthy, and who have confirmed that their privacy practices are consistent with ours (“Service Providers”). This may include certain services, such as hosting and maintenance, and data storage and management. We only provide our Service Providers with the information necessary for them to perform these services for us or carry out a service or transaction requested by you. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect Your Data from unauthorized access, use, or disclosure. Service Providers are prohibited from using Your Data other than in compliance with our privacy policy and as specified by us.

Privacy Standards

Your Diary and all of its content belong to you. You have control over your Diary and how much of Your Data you share with others. You are solely responsible for verifying the identity of those you have invited to your Diary, organizations which have created and invited you to use a Diary, and monitoring the access to and use of your Diary by those whom you, authorized others and/or organizations have invited to your Diary. We are not responsible nor liable for anyone you allow to access your Diary or use Your Data.

Closing your Account

Once you establish a Diary account it will continue to exist until closed by you or us. You can stop using your Diary and close your account with us at any time. You simply need to notify us by email at support@thediary.com.
We can suspend or close your account for lack of use, violation of this Privacy Policy or our Terms and Conditions, or other reasons which we deem sufficient in our discretion. We will notify you in advance of suspending or closing your account and allow you a right of appeal to us to be reinstated. The form of the appeal and final decision shall be in our sole and absolute discretion.

When your account is closed, we will provide you, by a means to be determined by us in our discretion, with an electronic copy of Your Data as it then exists in your Diary. Except where you have agreed to share Your Data as set out below, we will delete all of Your Data within a reasonable period (around 60-90 days). Note that once Your Data is deleted it cannot be retrieved. We will retain system logs in relation to your Diary tracking the deletion, but not retaining Your Data.

Where you have chosen to give access to Your Data to any third parties (including other Diary users) for analytical and other purposes in both anonymous and/or personally identified formats with the requirement that some or all of Your Data will not be deleted in the future, then Your Data will continue to be stored, shared and used as you have agreed.

Usage Analytics

We use analytical tools to monitor aggregate usage of our Services by our population of users for internal purposes to help us deliver and improve our Services to you. This may include cookie information, anonymized IP address information, location information, and usage or platform access information.

You agree that we may collect and use this information (and share it with our Service Providers) to assist us in our internal business operations.

Cookies and Anonymous Identifiers

We use cookies (a small text file placed on your computer to identify your computer and web browser) and may use anonymous identifiers (a random string of characters that is used for the same purposes as a cookie). We use cookies and other anonymous identifiers to analyze use of and improve the Diary and our Services. We do not use cookies to collect personally identifiable information. Most web browsers are initially set up to accept cookies. You can reset your web browser to refuse all cookies or to indicate when a cookie is being sent; however, certain features of the Diary and our Services may not work if you delete or disable cookies. Some of our Service Providers may use their own cookies, anonymous identifiers, or other tracking technology in connection with the services they perform on our behalf.

We use Google Analytics on our website to collect usage data, to analyze how users use the website. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.

 

Notice to California Residents/Your California Privacy Rights

This notice paragraph is required by California law. If you are a resident of the State of California, you also have the legal right to formally opt out of sharing Your Data with third parties for their direct marketing purposes. You do not have to opt out of such sharing because we do not share Your Data with third parties for direct marketing purposes.

Online Tracking

Our systems do not recognize browser “Do Not Track” signals, but we do otherwise provide you with many tools to opt out of many uses of Your Data throughout this Policy.

Children’s Privacy

The Diary and our Services are intended for users who are 13 years of age and older. If we become aware that we have inadvertently received information relating to a child who is younger than 13, we will promptly delete that information from our records.

Contact Us

Have questions or comments about this Policy? We are happy to respond, anytime. You can contact us at our Kindness Care™ center:

By Email: support@thediary.com
By Telephone: (+1) 520-257-2525 or 855-794-6800