Privacy Policy

Ashana Health is committed to maintaining your confidence and trust as it relates to the privacy and use of your information. Please read below and learn how we collect, protect, share, and use your information as part of our technology platforms, and all of our products and services.

This Privacy Policy describes Ashana’s data collection practices and how we use and protect your personal information collected through our mobile application (the “App”). This Privacy Policy applies only to the information collected on the Application and does not apply to information that Ashana obtains about you from other sources.

We are committed to protecting your personal information and your right to privacy, and we take your privacy very seriously. In this privacy notice, we describe our Privacy Policy. We seek to explain to you in the clearest way possible what information we collect, how we use it and what rights you have in relation to it. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, PLEASE DISCONTINUE USE OF OUR APP AND SERVICES IMMEDIATELY.

This Privacy Policy applies to all information collected through our mobile application, and/or any related services. PLEASE READ THIS CAREFULLY AS IT WILL HELP YOU MAKE INFORMED DECISIONS ABOUT SHARING YOUR PERSONAL INFORMATION WITH US.

Specifically, we’ll cover:

Information We Collect
How We Use Information
How information Is Shared
Your Rights to Access and Control Your Personal Data
Data Retention
Analytics and Advertising Services Provided By Others
Our Policies for Children
Information Security
Changes to This Policy
Contact Us

INFORMATION WE COLLECT

When you use our services we collect the following types of Information: Date and time online, duration of use/play, game analytics, app navigation and clicks.

INFORMATION YOU PROVIDE US

ACCOUNT INFORMATION

Some information is required to create an account on our App, such as your Name, Provider Name, Provider Institution, Name of a Loved One, E-mail address, Password, Date of Birth, Mobile Telephone Number, Your Injury and/or Medical Condition and your City of Residence. This is the only information that you have to provide to create an account with us. You may choose to provide other types of information, such as a profile photo, a referral code and biography (more on this below).

LEADERBOARD INFORMATION

Some additional information is required for you to make full use of the features of our App, namely your name and a profile photo. This information also generates “results” which are visible through the “leaderboard” so that other users may see how they compare to you and to other users. (Together, these items, along with all similar, are called “Leaderboard Content”). You specifically give us permission, subject to your privacy and application settings, to have a non-exclusive, transferable, sub-license, royalty-free, worldwide, to use any such content you post on or in connection with the Ashana App. This license ends when you delete Leaderboard Content or your account.

When you delete Leaderboard Content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).

When you use the Ashana App, your content and information is shared with the application. We respect your privacy, and your agreement with the App will control how the application can use, store, and transfer that content and information.

When you participate in a manner which publishes Leaderboard Content, it means that you are allowing everyone, including people off of the Ashana App, to access and use that information, and to associate it with you (i.e., your name and profile picture).

LEADERBOARD INFORMATION FOR CHILDREN UNDER THE AGE OF 13

If the user of the Ashana App is under the age of thirteen(13) the child with parental supervision while creating their account username should not use any identifiable personal information. Identifiable personal information includes but is not limited to an address, name, phone number, street name, etc.

Furthermore, users have the option to utilize a profile image associated with their account, if the user is under the age of thirteen(13) the user should not utilize a personal image of him or herself.

These are all safeguards Ashana Health takes in an effort to protect children under the age of thirteen privacy and safety online and comply with COPPA and FTC regulations. To see more about how Ashana Health protects children under the age of thirteen privacy and safety online see the Privacy Policy for Children’s Accounts of this Privacy Policy.

ADDITIONAL INFORMATION

To provide you with a good experience, we have a messaging feature to contact your provider or patient. You may choose to use the messaging feature. We collect information you submit using the messaging feature, such as your name, recipient’s name and the message.

You may connect with friends on the App or invite friends who have not yet joined by providing their e-mail address or using the contact list on your mobile device. We do not store your contact list and delete it after it is used for adding contacts as friends.

You may also provide your feedback and/or ratings regarding our App and Services, we collect the information you submit through your feedback and ratings such as your name, contact information and the content of your contribution.

INFORMATION WE RECEIVE FROM YOUR USE OF OUR SERVICES

TREATMENT PLAN

Our services include a feature to create and provide a Treatment Plan. We collect information from the Treatment Plan such as Exercises, Reps, Sets and Games that are a part of your Treatment Plan. Additionally we collect the times when the Exercises and Games are performed and logged in by you.

GAME DATA

The Games collect non-personal data to estimate a variety of metrics that would indicate your progress, including but not limited to game statistics such as your level scores, game scores, level completion time, number of retries and the date when the game was played.

USAGE INFORMATION

When you access or use our Services, we receive usage data. This includes information about your interaction with the Services, for example, when you view or search content, create or log into your account or install applications or software.

We also collect data about the devices and computers you use to access the Services, including IP addresses, browser type, language, operating system, mobile device information (including device and application identifiers), the referring web page, pages visited and cookie information.

INFORMATION WE RECEIVE FROM THIRD PARTIES

We may partner with Third Parties, such as employers and insurance companies that offer Ashana Health Services to their employees and customers. In such cases, those companies may provide us with your name, e-mail address, or similar information (like a telephone number or subscriber ID) so that we can invite you to participate or determine your eligibility for particular benefits, such as discounts or free services.

HEALTH AND OTHER SPECIAL CATEGORIES OF PERSONAL DATA

To the extent that information we collect is health data or another special category of personal data, we ask for your explicit consent to process the data. We obtain this consent when your create an account with us by clicking on “Yes, I agree”. You can withdraw this consent at any time using your account settings and deleting your account.

HOW WE USE INFORMATION

We use the information we collect for the following purposes:

PROVIDE AND MAINTAIN THE SERVICES

Using the information we collect, we are able to deliver the Services to you and honor our Terms & Conditions agreement with you. For example, we need to use your information to provide you with a dashboard to complete and track your daily prescribed exercises; to enable progress reporting features of the Services; and to provide you with customer support.

For the Services’ progress reporting features, we may use your information to help you maintain and share your daily activity and your improvements and/or difficulties with your provider. For example, your game scores would allow your providers to study and deduce your improvements.

IMPROVE, PERSONALIZE, AND DEVELOP THE SERVICES

We use the information we collect to improve and personalize the Services and to develop new ones. For example, we use the information to troubleshoot against errors; perform data analysis and testing; conduct research and surveys; and develop new features and Services.

We also use your information to make inferences and show you more relevant content. Here are some examples:

Information like your game statistics allows us to make relevant and detailed progress reports about the changes in your condition such as range of motion or depth perception.
Based on your game and exercise searches, we may recommend you more exercises and games that match your previously performed searches.
We may personalize exercises and game goals for you based on the goals previously set by your provider and your historical activity.

COMMUNICATE WITH YOU

We use your information when needed to send you Service notifications and respond to you when you contact us. We also use your information to promote new features or services that we think you would be interested in. You can control most Service notifications by using your notification preferences in account settings.

PROMOTE SAFETY AND SECURITY

We use the information we collect to promote the safety and security of the Services, our users, and other parties. For example, we may use the information to authenticate users, protect against fraud and abuse, report to a legal request or claim, conduct audits and enforce our terms and policies.

We use cookies and similar technologies for the purposes described above. For more information, please read our Cookies Use statement.

For personal data, we rely on several legal bases to process the data. These include when you have given consent, which you may withdraw at any time using your account settings and other tools; when the processing is necessary to perform a contract with you, like the Terms & Conditions; and our legitimate business interests, such as in improving, personalizing, and promoting safety and security as described above.

HOW INFORMATION IS SHARED

We do not share personal information except in the limited circumstances described below.

WHEN YOU AGREE OR DIRECT US TO SHARE

You may direct us to disclose your information to others, such as when you use our messaging feature. For certain information, we provide you with privacy preferences in your account settings and other tools to control how your information is visible to other users of the Services.

You may also authorize us to share your information with others, for example, with a Third Party application when you give it access to your account. Remember that any Third Party’s use of your information will be governed by its privacy policies and terms. You can revoke your consent to share with Third Party applications using your account settings.

FOR EXTERNAL PROCESSING

We transfer information to our service providers and other partners who process it for us, based on our instructions, and in compliance with this policy and any other appropriate confidentiality and security measures. These partners provide us with services globally, including for customer support, information technology, payments, sales, marketing, data analysis, research and surveys.

FOR LEGAL REASONS OR TO PREVENT HARM

We may preserve or disclose information about you to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.

Please note: Our policy is to notify you of legal process seeking access to your information, such as search warrants, court orders, or subpoenas, unless we are prohibited by law from doing so. In cases where a court order specifies a non-disclosure period, we provide delayed notice after the expiration of the non-disclosure period. Exceptions to our notice policy include exigent or emergent circumstances, for example, when there is imminent danger of death or serious physical injury to a person.

We may share non-personal information that is aggregated or de-identified so that it cannot reasonably be used to identify an individual. We may disclose such information publicly and to Third Parties, for example, in public reports about exercise and activity, to partners under agreement with us, or as part of the community benchmarking information we provide to users of our subscription services.

If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give affected users notice before transferring any personal information to a new entity.

YOUR RIGHTS TO ACCESS AND CONTROL YOUR PERSONAL DATA

We provide you with account settings and tools to access and control your personal data, as described below, regardless of where you live. You have a number of legal rights with respect to your information, which your account settings and tools allow you to exercise, as outlined below.

Accessing and Exporting Data: By logging into your account, you can access much of your personal information, including your dashboard with your daily exercise and activity statistics. Using your account settings, you can also download information in a commonly used file format, including data about your activities.

Editing and Deleting Data: Your account settings let you change and delete your personal information. For instance, you can edit or delete the profile data you provide and delete your account if you wish.

If you choose to delete your account, please note that while most of your information will be deleted within 30 days, it may take up to 90 days to delete all of your information, like the data stored in our backup systems. This is due to the size and complexity of the systems we use to store data. We may also preserve data for legal reasons or to prevent harm, including as described in the How Information Is Shared section.

Objecting to Data Use: We give you account settings and tools to control our data use. For example, through your privacy settings, you can limit how your information is visible to other users of the Services; and using your notification settings, you can limit the notifications you receive from us.

In certain circumstances, you can object to our processing of your information based on our legitimate interests, including as described in the How We Use Information section. You have a general right to object to the use of your information for direct marketing purposes. Please also review our Cookie Use statement for your options to control how we and our partners use cookies and similar technologies.

Restricting or Limiting Data Use: In addition to the various controls that we offer, you can seek to restrict our processing of your data in certain circumstances. Please note that you can always delete your account at any time.

If you need further assistance regarding your rights, please contact us at info@ashanahealth.com, and we will consider your request in accordance with applicable laws. You also have a right to lodge a complaint with your local data protection authority.

DATA RETENTION

We keep your account information, like your name, e-mail address, and password, for as long as your account is in existence. In some cases, when you give us information for a feature of the Services, we delete the data after it is no longer needed for the feature. For instance, when you provide your contact list for finding friends on the Services, we delete the list after it is used for adding contacts as friends. We keep other information, like your exercise or activity data, until you use your account settings or tools to delete your account because we use this data to provide you with your personal statistics and other aspects of the Services. We also keep information about you and your use of the Services for as long as necessary for our legitimate business interests, for legal reasons, and to prevent harm, including as described in the How We Use Information and How Information Is Shared sections.

ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS

We work with partners who provide us with analytics and advertising services. This includes helping us understand how users interact with the Services, serving ads on our behalf across the internet, and measuring the performance of those ads. These companies may use cookies and similar technologies to collect information about your interactions with the Services. To learn more and about your privacy choices, please read our Cookie Use statement.

OUR POLICIES FOR CHILDREN

We appreciate the importance of taking additional measures to protect children’s privacy.

Ashana Health allows parents to set up accounts for their children to use our Services. Children’s Accounts are subject to a separate Privacy Policy for Children’s Accounts which explains what information we collect to set up these accounts, what information we collect from a child’s use of our Services, and how we use and share that information. Parents or guardians must consent to the use of their child’s data in accordance with the Privacy Policy for Children’s Accounts in order to create such an account.

Persons under the age of 13, or any higher minimum age in the jurisdiction where that person resides, are not permitted to create accounts unless their parent has consented in accordance with applicable law. If we learn that we have collected the personal information of a child under the relevant minimum age without parental consent, we will take steps to delete the information as soon as possible. Parents who believe that their child has submitted personal information to us and would like to have it deleted may contact us at info@ashanahealth.com.

INFORMATION SECURITY

We work hard to keep your data safe. We use a combination of technical, administrative, and physical controls to maintain the security of your data. This includes using Transport Layer Security (“TLS”) to encrypt many of our Services. No method of transmitting or storing data is completely secure, however. If you have a security-related concern, please contact Customer Support.

IN THE EVENT OF SECURITY BREACH OF YOUR PERSONAL INFORMATION

If we determine that your personal information has been or may reasonably be disclosed due to a security breach of our systems, we will notify you in accordance with and to the extent required by applicable state and federal law, using the contact information for you that we have on file.

CHANGES TO THIS POLICY

We will notify you before we make material changes to this policy and give you an opportunity to review the revised policy before deciding if you would like to continue to use the Services.

CONTACT US

In order to resolve a complaint regarding the App or to receive further information regarding use of the App, please contact us at:

Ashana Health LLC

1226 US-130,

Robbinsville, NJ, 08691

(908) 659-8816

Email: info@ashanahealth.com

PRIVACY POLICY FOR CHILDREN’S ACCOUNTS

Ashana Health allows parents to set up accounts for their children to use our Services. This Privacy Policy for Children’s Accounts explains what information we collect to set up these accounts, what information we collect from your child’s use of our Services, and how we use and share that information. This policy applies only to Children’s Accounts set up specifically for children under 13 or any higher minimum age in your jurisdiction for use with qualifying devices. You can find additional information about how Ashana Health collects, uses, and shares information in the Privacy Policy.

INFORMATION WE COLLECT

INFORMATION YOU PROVIDE US

When you create an account for your child, we’ll ask for personal information about them, like their name, date of birth, and injury and/or condition type. You or your child may choose to share certain additional information with us.

INFORMATION WE COLLECT FROM PARENTS

Any data or information Ashana Health collects from parents of children using the Ashana App is for the purpose of gaining verifiable parental consent to confirm your decision to allow your child to utilize the Ashana App. Ashana Health will attempt to obtain verifiable parental consent via Direct Notice by standards set by the FTC. If Ashana Health receives verifiable parental consent but no response to the Direct Notice we will delete the parents information in a reasonable amount of time, but will utilize the child’s information as stated in the Direct Notice.

INFORMATION WE COLLECT FROM YOUR CHILD’S USE OF OUR SERVICES

When your child accesses his or her account through the Ashana App, we automatically collect and store information about account connectivity such as IP addresses, browser type, language, operating system, and app and mobile device information (including cookie and application identifiers).

When your child accesses his/her Treatment Plan, performs exercises or plays a game through the Ashana app, we automatically collect and store information about the type of exercises, reps, sets, when they were performed; the game played, game scores and statistics, when they were played.

HOW WE USE THE INFORMATION WE COLLECT

We use the information in the following ways: to provide, personalize, and improve our services, authenticate users’ identities, to track activities and exercise, and to provide customer support. We also use the data we collect for internal purposes such as troubleshooting, protecting against errors, data analysis and testing, to develop new features and services, and to promote the safety and security.

HOW YOUR CHILD’S INFORMATION IS SHARED

We do not share personal information with companies, organizations, and individuals outside of Ashana Health unless one of the following applies:

FOR EXTERNAL PROCESSING

We provide personal information to persons who process it for us, based on our instructions and subject to other appropriate confidentiality and security measures.

OWNERSHIP CHANGES

If we are involved in a merger, acquisition, or sale of assets, we will continue to take measures to protect the confidentiality of personal information and give you notice before transferring any personal information to a new entity.

FOR LEGAL REASONS

We may disclose information to comply with a law, regulation, legal process, or governmental request; to assert legal rights or defend against legal claims; or to prevent, detect, or investigate illegal activity, fraud, abuse, violations of our terms, or threats to the security of the Services or the physical safety of any person.

HOW TO ACCESS AND DELETE YOUR CHILD’S PERSONAL INFORMATION

As a parent, you have control of any child’s account. Once you have signed in, You can view your child’s complete account at any time.

If at any time you wish to stop further collection or use of your child’s information, you can delete your child’s account by either (1) contacting Customer Support, or (2) deleting your child’s account.

WHAT HAPPENS WHEN YOUR CHILD TURNS 13

When your child turns 13 (or any higher minimum age required for the creation of an account without parental consent in your country), he or she will be eligible to independently manage his or her account.