Terms of Service

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Updated October 24, 2019

 

Thes Terms of Service (“Agreement”) govern your access to and use of the Live WISE websites (the “Live WISE Sites”), software applications (the “Live WISE Apps”), and all Live WISE products and services (collectively the “Services”) provided by Workzbe, LLC (“Live WISE,” the “Company,” “we,” “us,” and “our” which terms shall include affiliates of Workzbe, LLC).

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Please read the Terms of Service carefully.

BY USING THE LIVE WISE SITES OR THE SERVICES, YOU AGREE TO THESE TERMS OF SERVICE. IF YOU DO NOT AGREE, DO NOT VISIT THIS WEBSITE, SET UP AN ACCOUNT OR USE THE LIVE WISE SITES OR THE SERVICES.

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Access to and Use of the Live WISE Sites and the Services

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You may not access or use the Live WISE Sites or the Services if you are under the age of 16.

You may access and use the Live WISE Sites and the Services only if you (or your parent or guardian) are able to enter into these Terms of Service and form a legally binding agreement between you and us.

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The information you provide us must be complete and accurate and you must at all times be in compliance with these Terms of Service and all applicable laws.

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To access and use the Live WISE Sites and the Services, you must create a Live WISE account and:

(a) provide us the required account creation information,

(b) if required, provide us your credit card or other payment information and

(c) create a username and password.

If you create an account for a company or other organization (“Customer”), "you" includes you and the Company. You represent and warrant to us that you, on behalf of the Company, are authorized to:

(a) grant all permissions and licenses set forth in these Terms of Service,

(b) undertake the obligations set forth in these Terms of Service and

(c) enter into these Terms of Service.

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The Customer may grant additional Representatives access to the Customer’s account as long as each such user provides us his or her required information, creates a username a password and accepts this Agreement.

You agree that you will not use the Live WISE Sites and the Services for any illegal purposes.

You agree to be responsible for all information, content, including images, comments, links and other materials (“Information”) provided by you and for all activity that occurs with respect to your account.

You agree that you will not enter, upload or disseminate any Information that infringes on the copyrights or other intellectual property rights of any third party.

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Privacy Policy

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We are committed to safeguarding your privacy. Please review the Live WISE Privacy Policy located below. The terms of the Live WISE Privacy Policy are incorporated into, and constitute a part of, these Terms of Service.

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No Medical Services Relationship

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Our Services do not constitute medical advice or medical opinions. We gather information from our users, analyze and aggregate the information and then provide it for informational purposes. Using the Services is not a substitute for the advice of a medical professional, and the information made available on or through the Services should not be relied upon when making medical decisions or to diagnose or treat a medical or health condition.

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If you require medical advice or services, you should consult a medical professional. Your use of the Services does not create a doctor-patient relationship between you and us.

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If your use of the Services will change how you exercise, eat or otherwise behave, you agree that you will consult with your healthcare professionals before making changes to your exercise, diet or other behavior.

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Live WISE Coach Accounts

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Authorized representatives (“Representatives”) of subscribing organizations (“Customers”) may register accounts with us as a “Live WISE Coach”. As a Live WISE Coach you can offer your organization’s services through the Live WISE apps by sending invitations to individuals to connect their account with yours.

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As a Live WISE Coach, you will be granted access to all information of the users that accept your invitations. You acknowledge that this information is personal and confidential and agree that you will not disclose the information to any person and that you will use the information solely in connection with the provision of your services.

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If you are a user who accepts an invitation from a Live WISE Coach, you acknowledge and agree that all opinions, advice, statements, or other information, including, without limitation, with respect food, nutrition and exercise, is that of the Live WISE Coach and not of Live WISE.

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All Live WISE Coaches are independent operators and not employees or agents of Live WISE. Live WISE does not endorse any Live WISE Coach nor any opinions, advice, statements, or other information they provide. Under no circumstances will Live WISE be responsible for any loss or damage resulting from your reliance on opinions, advice, statements, or other information of any Live WISE Coach.

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Security

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We continuously work to protect the security of your Information and your account information; however, we cannot guarantee that unauthorized third parties will not be able to circumvent our security measures. You can review our security measures below.

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Please notify us immediately of any unauthorized use of your account.

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Assumption of Risks Related to the Services

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YOU KNOWINGLY AND FREELY ASSUME ALL RISK RELATED TO YOUR USE OF THE LIVE WISE SITES AND THE SERVICES AS WELL ANY CHANGES THAT YOU MAY MAKE AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CHANGES TO YOUR DIET AND EXERCISE.

ON BEHALF OF YOURSELF AND YOUR PERSONAL REPRESENTATIVES AND HEIRS, YOU HEREBY RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY LIVE WISE AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF SERVICES OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE SERVICES OR CHANGES THAT YOU MAY MAKE AS A RESULT OF YOUR USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, CHANGES TO YOUR DIET AND EXERCISE.

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Grant of License

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For as long as you comply with these Terms of Service, we grant you a non-exclusive, non-sublicensable, revocable, non-transferable license to use the Services through the Live WISE Sites.

The Services, including the Live WISE Sites, may not be reproduced, duplicated, copied, modified, sold, resold, distributed, visited, or otherwise exploited for any commercial purpose.

When accessing the Services through downloaded Live WISE Apps, you acknowledge and agree that you have not entered into any agreement with the Live WISE App provider regarding the Live WISE Apps or the Services.

As such, we are responsible for the Live WISE Apps, any maintenance and support services needed or any claims that could be made regarding the Live WISE Apps.

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Information and Intellectual Property

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You agree that no Information you share on the Live WISE Sites will

(a) be offensive, threatening, libelous, defamatory, obscene or otherwise objectionable,

(b) infringe on the copyrights or other intellectual property rights of any third party,

(c) violate the privacy right of any third party,

(d) violate these Terms of Service or

(e) otherwise violate any applicable law. We do not pre-screen Information provided by you, but we reserve the right to remove any Information uploaded to or posted to the Live WISE Sites if we believe that it violates these Terms of Service or our policies.

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The Live WISE Sites and the Services, all software (source code and object code) related thereto, all content provided by us or our affiliates or agents, all processes, designs, techniques, concepts, improvements, modifications, inventions and discoveries related to the Live WISE Sites and the Services, all trademarks, copyrights, service marks, patents, applications therefore, trade secrets and other intellectual property rights appurtenant thereto and any derivative works thereof related to the Live WISE Sites and the Services are and shall remain our exclusive property.

No use of the Live WISE Sites and the Services shall be deemed to transfer title, or grant a license to the any of the foregoing.

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You may not duplicate, copy, or reuse any portion of our visual design elements or concepts without our prior express written permission. Furthermore, you shall not, nor permit any other party to:

(a) disassemble, decompile, decrypt, or reverse engineer, or in any way attempt to discover or reproduce source code for any part of the Live WISE Sites and the Services;

(b) alter, modify, or prepare derivative works based on the Live WISE Sites and the Services or any materials related thereto; or

(c) use any part of the Live WISE Sites and the Services or any materials related thereto to create, invent or develop any computer program or other invention, work or device that performs, replicates, or utilizes the same or substantially similar functions as the Live WISE Sites and the Services or any materials related thereto.

If you believe any Information on the Live WISE Sites violates any of these Terms of Service or our policies, you may report it as abuse within the Live WISE Apps using the "Report Abuse" button, or via email to the address support@workzbe.com.

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If any Information you share to the Live WISE Sites violates these Terms of Service or our policies, we reserve the right to:

(a) remove your content

(b) restrict or disable your ability to share content to the Live WISE Apps from your account, or

(c) temporarily or permanently suspend your account.

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Cancellation and Termination

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You will be solely responsible for cancelling your account.

You may request the deletion of your account and/or any and all associated data from Live WISE Sites and Services by submitting written request via email to the address support@workzbe.com. Programs are on a 12-month contract. If you end your contract early, you will be subject to a additional fees. Please contact support@workzbe.com to learn more. An email or phone request to cancel your account is not a proper cancellation until you have received direct confirmation from an agent of Live WISE.

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We have the right to at any time suspend or terminate your account and refuse any and all current or future use of the Live WISE Sites and the Services for any reason or no reason. We cannot guarantee that your Information will be available to you following a cancellation, or suspension.

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Modifications to the Live WISE Sites and Services

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We reserve the right to at any time and from time to time modify, upgrade or discontinue, temporarily or permanently, the Live WISE Sites and the Services that we offer, with or without notice.

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We may upgrade the Live WISE Sites and our Services and you agree that this Agreement will apply to such upgrades.

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You agree that we will not be liable to you or to any third party with respect to any such modification, upgrade or discontinuance of the Live WISE Sites and the Services.

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Indemnification

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You agree to indemnify and hold harmless Live WISE, its parents, subsidiaries, affiliates, officers, partners and employees from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Live WISE Sites and Services, use of your account by any third party, your violation of these Terms of Service, or any infringement by you or any third party using your account.

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Limitation of Liability

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YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT LIVE WISE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF LIVE WISE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

(a) THE USE OR THE INABILITY TO USE THE WEBSITE OR THE SERVICES;

(b) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE WEBSITE OR THE SERVICES;

(c) UNAUTHORIZED ACCESS TO TRANSMISSIONS OR ALTERATION OF YOUR INFORMATION;

(d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY WITH RESPECT TO THE WEBSITE OR THE SERVICES;

(e) OR ANY OTHER MATTER RELATING TO THE WEBSITE OR THE SERVICES.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE WEBSITE OR THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

Disclaimer

YOUR USE OF THE WEBSITE OR THE SERVICES IS AT YOUR SOLE RISK.

THE WEBSITE OR THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DO NOT WARRANT THAT:

(a) THE WEBSITE OR THE SERVICES WILL MEET YOUR SPECIFIC REQUIREMENTS,

(b) THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,

(c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR THE SERVICES WILL BE ACCURATE OR RELIABLE,

(d) THE QUALITY OF THE WEBSITE OR THE SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE WEBSITE OR THE SERVICES WILL MEET YOUR EXPECTATIONS, AND

(e) ANY ERRORS IN THE WEBSITE OR THE SERVICES WILL BE CORRECTED. WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

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General Conditions

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You acknowledge and agree that Live WISE may use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Live WISE Sites and the Services. Your privacy is extremely important to us and information to the 3rd parties do not disclose PHI. We reserve the right to modify these Terms of Service from time to time at our sole discretion.

Any such modification will be effective immediately upon our posting of the revised Terms of Service on our Sites. We will provide no other notice to you. It is your responsibility to review our Terms of Service from time to time to ensure that you continue to agree with our Terms of Service.

If you no longer agree to these Terms of Service after a modification, you must immediately cease using the Live WISE Sites and the Services. All new or modified features related to the Live WISE Sites and the Services, including the release of new features, tools and resources, will be subject to this Agreement.

You agree that you will not modify, adapt or hack the Live WISE Sites and the Services or modify another application or website so as to falsely imply that it is associated with the Live WISE Sites and the Services or Live WISE.

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You agree that you will not reproduce, duplicate, copy, sell, resell or exploit all or any part of the Live WISE Sites and the Services.

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You understand that the technical processing and transmission of the Live WISE Sites and the Services, including your Information, may be transferred unencrypted and involve:

(a) transmissions over various networks; and

(b) changes to conform and adapt to technical requirements of connecting networks or devices.

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You agree that you will not upload, post, host, or transmit unsolicited email, SMS or “spam” messages.

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You agree that you will not transmit any worms or viruses or any code of a destructive nature.

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This Agreement shall be governed by the laws of the Dalton, GA, USA without respect to its conflict of laws principles.

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The Live WISE Sites and the Services are controlled and operated from the United States, and we make no representations that they are appropriate or available for use in other locations.

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The failure of Live WISE to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision.

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These Terms of Service and the other policies, terms and conditions referred to in these Terms of Service constitute the entire agreement between you and Live WISE and govern your use of the Live WISE Sites and the Services, superseding any prior agreements between you and Live WISE.

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You may not assign these Terms of Service to any party. If any provision of these Terms of Service is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Service will remain in full force and effect.

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Questions

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Any questions regarding these Terms of Service should be addressed to support@workzbe.com.

 

Security Measures

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While Live WISE acknowledges that no Security Measures can guarantee with 100% certainty the security of Personal Data, we are committed to implementing technical and organizational safeguards to limit the risk of privacy or security breaches to the best of our ability.

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Infrastructure and Hosting

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The Live WISE Applications and infrastructure are hosted on HIPAA-compliant secure cloud servers managed by Armor and Amazon Web Services (AWS) that also meet all security requirements under the GDPR.

To learn more about our hosting partners’ commitment to data security follow the links below:

Armor Security:  https://www.armor.com/cloud-security-faq

AWS Security:  https://aws.amazon.com/security

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Live WISE maintains the privacy and security of End User protected health information (PHI) as defined by HIPAA, and Personal Data and Data Concerning Health as defined by the GDPR, by ensuring that that data is secure both at rest and in transit.

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Security At Rest

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The following safeguards are implemented and maintained by Live WISE and its hosting partners at all times to ensure the security of data “at rest”:

• Up-to-the minute security patches and updates.

• Real-time threat detection and response.

• Physical isolation and security of server hardware.

• System-wide authentication and authorization to ensure that all End User Personal Data is only accessible to the appropriate Customer Representatives.

• Each individual user of the Live WISE Apps is provided controls to allow the End User to audit which Customer Representatives may have access to their data, and may choose to revoke that access at any time.

• All users (Data Subjects) have the right to request full deletion of their Personal Data from our systems at any time by submitting the request to our support team

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Security In Transit

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At times, such as while in-app messages are sent between a Customer Representative and an individual End User, data in Live WISE including PHI, Personal Data and Data Concerning Health may also need to be secured while “in-transit”.

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Live WISE and its hosting partners maintain the security of data in-transit by ensuring that all in-transit data is encrypted over HTTPS using gold-standard RSA encryption at all times.

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Email Security

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Live WISE supports TLS encryption on all inbound and outbound email to ensure and maintain the security of Customer interactions through email. To learn more about the details of email encryption, please reference this guide from Google.

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Organizational Safeguards

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Live WISE ensured the implementation and maintenance of physical safeguards at all data centers and office locations including, but not limited to (i) locked doors, (ii) key card facility access, and (iii) device security controls.

Live WISE promotes a culture of compliance by requiring all employees to complete annual HIPAA and GDPR trainings, and adhere to our compliance policies and procedures at all times.

Live WISE has appointed a Data Protection Officer (DPO) to oversee the maintenance and enhancement of technical and organizational security and privacy measures. If you have questions about these Security Measures, you can get in contact with our DPO by email a question to support@workzbe.com.

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Privacy Policy 

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This Privacy Policy governs the use of information collected by Workzbe, LLC (“Live WISE,” the “Company,” “we,” “us,” and “our” which terms shall include affiliates of Workzbe, LLC) through the use of the Live WISE websites (the “Live WISE Sites”), software applications (the “Live WISE Apps”), and all Live WISE products and services (collectively the “Services”) that direct you to this Privacy Policy.

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We provide this Privacy Policy to let you know what information we collect, how we use it, share it and protect it. Please read the Privacy Policy carefully.

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BY USING THE LIVE WISE SITES OR SERVICES, YOU AGREE TO THIS PRIVACY POLICY. IF YOU DO NOT AGREE, DO NOT VISIT THE WEBSITES, SET UP AN ACCOUNT OR USE THE SERVICES.

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Information Gathering and Usage

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When you register any account with any of the Live WISE Apps we may ask for information such as your name and email address. We will also ask you to create a secure password. We will store all of this information.

We will not collect your credit card information (but our payment processor will collect your credit card information and that information is subject to our payment processor’s terms, conditions and privacy policies).

We use collected information for the following general purposes: products and services provision, billing, identification and authentication, services improvement, contact and research.

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We do not share your personal information with unrelated third parties unless explicitly approved by you.

We reserve the right to aggregate and redistribute data entered on the Website in accordance with our terms of service as seen above. The aggregated data we redistribute will never contain or be attached to Personal Data of any kind.

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User Accounts and Data Privacy

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Users of the Live WISE Apps can share personal information with other users voluntarily and at their own risk by posting comments in Live WISE “Communities” or opting into Live WISE “Leaderboards”.

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Please be advised that we do not perform any background searches on our users and that  it is your responsibility to take care when sharing your information by posting in Live WISE Communities or joining Live WISE Leaderboards. For your security, your Personal Information is not discoverable by any other user until you choose to opt-in to a Community or Leaderboard.

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At no time will Live WISE or any employee of Live WISE share, sell or otherwise distribute individual user data or Personal Data that can be reasonably identified with a specific user account without the prior consent of the individual user.

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We may choose to aggregate and redistribute data without providing information identifying specific subscribing organizations, companies or individual users without prior consent.

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Sharing You Data With A Live WISE Coach

A “Live WISE Coach” is an authorized Representative of a Customer of Live WISE who provides services on behalf of that organization.

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If you accept an invitation to connect with a Live WISE Coach, you grant them access to all personal and health-related data in your account. This includes data that may be manually entered by you, or data that you choose to sync into the Live WISE Apps by enabling one of our health tracking integrations.

Your data provides the Live WISE Coach the up-to-date information they require in order to deliver their services effectively.

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If you accept an invitation from a Live WISE Coach, the Live WISE Coach will also be able to send private messages to you. The Live WISE Coach has agreed to keep your data and information confidential and not use it for any purpose other than to provide you individualized advice and services, but we cannot provide any assurances that any Live WISE Coach will in fact do so.

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We are not required to litigate or otherwise pursue any wrongful disclosure of your data and information. To the extent that any of your data or information contains protected health information, you hereby expressly consent to the disclosure of such protected health information when you accept an invitation from a Live WISE Coach.

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Use of Contact Information

We may use your email address to send you information about our Services or to market to you. You may unsubscribe from these messages by following the instructions contained within the messages or the instructions on the Live WISE Sites.

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If you email us with a request or question or have provided us with your email address, we may keep your message, email address and contact information to respond to your request or otherwise follow up with you.

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No Public Sharing of Your Data

We do not allow the public to see your personal information.

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Log Data and Links

When you visit our Website, our servers automatically record information ("Log Data") created by your visit to and use of the Live WISE Sites and the Services. Log Data may include information such as your IP address, browser type, the referring domain, pages visited and order of visit, search terms used and other historical data.

We may keep track of how you interact with links across the Live WISE Sites and the Services. We do this to help improve our Website and the Services, including the advertising on our Website and through our Services.

We may share the Log Data in the form of aggregate click statistics, such as how many times a particular link was clicked on, without any personally identifiable information, with third parties.

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Device Information

In addition to Log Data, we may also collect information about the device you are using when accessing the Products, including what type of device it is, what operating system you are using, device settings, unique device identifiers, and crash data.

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Whether we collect some or all of this information often depends on what type of device you are using and its settings. To learn more about what information your device makes available to us, please also check the policies of your device manufacturer or software provider.

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Cookies

A cookie is a small amount of data, which often includes an anonymous unique identifier that is sent to your browser from a web site's computers and stored on your computer's hard drive.

Cookies are required in order for you to use Live WISE products or services. We use cookies in accordance with our cookie policy as seen below:

 

Cookies are small pieces of text that we store on your web browser or mobile device when you access our products and services. They serve a variety of functions which enable us to provide coaches and their clients with a secure, seamless experience across our apps and websites.

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Why We Use Cookies

Workzbe uses cookies to provide the following services:

Authentication and security. Live WISE uses cookies help you verify your account and the device you’re using to log into our services in order to help you seamlessly and securely access our products and services.

Performance and analytics. Cookies help us analyze how coaches and their clients use our products and services. This allows us to improve the performance and functionality of our system.

Payments processing. Cookies allow us to securely connect our coaches with our payments processing system allowing coaches to easily maintain and make changes to their payment info.

Coach/client communication. Cookies help us to maintain a persistent communication channel between a coach and their client, allowing both parties to send and receive real-time messages to each other.

 

Data Storage

We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run our services.

We do not transfer ownership of any code, databases, Website rights or data to any third party vendors or hosting partners.

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Third Party Services (Subprocessors)

We may use a variety of services offered by third parties to help maintain and improve our Website, to help us understand the use of our Website and Services, or simply to provide the Services.

These services may store both personally identifiable information about you which we collect and the information sent by your browser as part of a web page request, such as cookies or your IP address.

If any third parties are given access to your personally identifiable information, we will limit the use of such personally identifiable information only to provide the services to us which we have requested.

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Information Security, Retention, and Data Integrity

We take reasonable security measures to protect against unauthorized access to or unauthorized alteration, disclosure or destruction of data.

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These include firewalls and encryption, internal reviews of our data collection, storage and processing practices and security measures, as well as physical security measures to guard against unauthorized access to systems.

Our software code and all data and information reside on servers that comply with the requirements of the Health Insurance Portability and Accountability Act (HIPAA) and the General Data Protection Act (GDPR).

In addition, our software code resides on one set of servers and all data and information reside on a separate set of servers.

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We restrict access to personal information to our employees, contractors and agents who need to know that information in order to operate, develop or improve our Services. These individuals are bound by confidentiality obligations and may be subject to discipline, including termination, if they fail to meet these obligations.

Although we cannot guarantee that our security will not be penetrated or compromised or that your information will remain secure under all circumstances, we do commit to adhering to these established  security measures as stated above  at all times in order to reduce the risk of breach or incident.

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Right To Access, Amend & Delete Personal Data / Choice

You retain the right to access, amend, correct or delete your Personal Data at any time. To do so, use the controls available to you within our Services, or contact our support team via email.

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You may request to cancel your account at any time. Keep in mind, however, that even if you request to cancel your account, we may retain your personal information in conformance with our data retention policy, under which we may retain such information to comply with laws such as HIPAA, prevent fraud, resolve disputes, troubleshoot problems, assist with any investigations, enforce our Terms of Service, perform research, and take other actions otherwise permitted by law.

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There may be residual personal information that remains within our databases, access logs, and other records. In addition, we are not responsible for updating or removing your personal information already disclosed to third parties who have been provided information as permitted by this Privacy Policy.

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We will provide an individual opt-out choice, or opt-in for sensitive data, before we share your data with third parties other than our agents, or before we use it for a purpose other than which it was originally collected or subsequently authorized.  To request to limit the use and disclosure of your personal information, please submit a written request to support@workzbe.com.

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Transfer of Information on Sale and for Legal Compliance

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Notwithstanding anything to the contrary in this Privacy Policy:

(a) upon a sale of Live WISE or all or substantially all of its assets, we reserve the right to transfer to the purchaser of Live WISE all data it has, including without limitation all Log Data and all personally identifiable data concerning you and any user of the Live WISE Sites and the Services and

(b) we will share your personal information if we have a good faith belief that:

(i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities,

(ii) such action is appropriate (A) to enforce the Terms of Service, including any investigation of potential violations thereof, or (B) to detect, prevent, or otherwise address fraud, security or technical issues associated with the Live WISE Sites and the Services, or

(iii) such action is appropriate to protect the rights, property or safety of Live WISE, its employees, users of the Live WISE Sites and the Services.

 

International Data Transfers

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The Website and Services are hosted in the United States.

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If you access the Live WISE Sites or Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Live WISE Sites or Services, you are transferring your personal information to the United States and you consent to that transfer, as well as to these authorized sub contractors  which may be located elsewhere in the world.

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Additionally, you understand that your personal information may be processed in countries (including the United States) where laws regarding processing personal information may be less stringent than in your country.

EU-US Privacy Shield

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Live WISE complies with the EU-U.S. Privacy Shield Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information transferred from the European Union to the United States.  

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Live WISE has certified to the Department of Commerce that it adheres to the Privacy Shield Principles. If there is any conflict between the terms in this privacy policy and the Privacy Shield Principles, the Privacy Shield Principles shall govern.

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To learn more about the Privacy Shield program, and to view our certification, please visit https://www.privacyshield.gov.

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With respect to personal data received or transferred pursuant to the Privacy Shield Frameworks, Live WISE is subject to the regulatory and enforcement powers of the U.S. Federal Trade Commission.

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In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.

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Live WISE’s accountability for personal data that it receives in the United States under the Privacy Shield and subsequently transfers to a third party is described in the Privacy Shield Principles. In particular, Live WISE remains responsible and liable under the Privacy Shield Principles if third-party agents that it engages to process the personal data on its behalf do so in a manner inconsistent with the Principles, unless Live WISE proves that it is not responsible for the event giving rise to the damage.

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Complaint Resolution

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In compliance with the Privacy Shield Principles, (your organization name) commits to resolve complaints about our collection or use of your personal information.  EU individuals with inquiries or complaints regarding our Privacy Shield policy should first contact Live WISE at: support@workzbe.com.

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Live WISE has further committed to refer unresolved Privacy Shield complaints to BBB EU Privacy Shield, an alternative dispute resolution provider located in the United States. If you do not receive timely acknowledgment of your complaint from us, or if we have not addressed your complaint to your satisfaction, please contact or visit www.bbb.org/EU-privacy-shield/for-eu-consumers/ for more information or to file a complaint.  The services of BBB EU Privacy Shield are provided at no cost to you.

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If your Privacy Shield complaint cannot be resolved through the above channels, under certain conditions, you may invoke binding arbitration for some residual claims not resolved by other redress mechanisms.  See Privacy Shield Annex 1 at https://www.privacyshield.gov/article?id=ANNEX-I-introduction.

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General Terms

We reserve the right to change this Privacy Policy from time to time at our sole discretion. Any such change, update or modification will be effective immediately upon posting the revised Privacy Policy on the Live WISE Sites.

We will provide no other notice to you. It is your responsibility to review this page from time to time to ensure that you continue to agree with all of its terms. If you no longer agree to this Privacy Policy after a change, you must cease using the Live WISE Sites and the Services.

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This Privacy Policy shall be governed by the laws of the Commonwealth of Virginia, USA without respect to its conflict of laws principles.

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Our failure to exercise or enforce any right or provision of this Privacy Policy shall not constitute a waiver of such right or provision.

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You may not assign this Privacy Policy to any party. If any provision of this Privacy Policy is deemed invalid, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of this Privacy Policy will remain in full force and effect.

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Questions:

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Any questions regarding this Privacy Policy should be sent to support@workzbe.com, or by mail to:

Attn: Privacy Officer
Workzbe, LLC
700 W Nance Spring Rd

Dalton, Ga 30721