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.
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.
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).
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.
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.
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.
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.
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.
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.
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.
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 firstname.lastname@example.org.
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.
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.
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/.
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.
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.
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.
Have questions or comments about this Policy? We are happy to respond, anytime. You can contact us at our Kindness Care™ center:
By Email: email@example.com
By Telephone: (+1) 520-257-2525 or 855-794-6800