Publish Date: November 16, 2022
Effective Date: November 16, 2022
2. Enterprise Sponsors and b.well’s ongoing HIPAA Responsibilities
What’s the relationship between b.well and the organization sponsoring my access to the Application? Will it have access to my data?
b.well’s enterprise customers include healthcare providers, health plans, retail pharmacies, and employers. They pay b.well to make the Application available for their patients, members, customers and employees. b.well follows HIPAA to protect your privacy and the security of your Health Data.
Your b.well account and our Services may be paid for by an “Enterprise Sponsor” or “Sponsor”. Your Sponsor may be a healthcare provider, health plan, retail pharmacy or an employer that sponsors a group benefit plan in which you participate. These sponsors are required to protect any and all Health Data (defined more fully under Categories of Data We Collect) that identifies you personally under the Health Insurance Portability and Accountability Act of 1996, as amended, and its implementing regulations (“HIPAA”) and the Genetic Information Nondiscrimination Act. This includes Health Data that they contribute to your b.well account, and Health Data from other sources that you choose to share with them. As their “HIPAA business associate”, b.well is legally and contractually bound to implement measures that safeguard all your Personal Data and to maintain data practices that are at least as stringent as requirements specified by HIPAA, all other applicable laws and your Sponsor’s HIPAA Notice of Privacy Practices.
If you do not know who your Sponsor is or would like to receive a copy of your Sponsor’s HIPAA Notice of Privacy Practices, please contact b.well Support through the Application or by emailing us at email@example.com.
3. Categories of Data We Collect
What types of data does b.well collect through the Application?
We collect the Personal Data described more fully below. “Personal Data” means any information that can be used to identify you or a member of your family or household. We also use Personal Data to create Non-Personal Data for limited purposes, also defined below. “Non-Personal Data” means information that does not identify you or members of your family or household personally, and cannot reasonably be used to re-identify you or members of your family or household after it has been removed of individual identifiers.
Personal Data includes any data from whatever source and in whatever form or medium that is linked to your account and relates to the health status, the determinants of health, the availability or use of health care services or resources, or the payment or cost for health care by you or by others in your family (“Health Data”).
All other Personal Data (“Other Personal Data”) contains information that is linked to your account, but does not contain Health Data. For example, the information we use to authenticate your identity and authorize your access to your Personal Data (“Account Information”).
Some information we receive from you may either be Health Data or Other Personal Data depending on whether the information includes Health Data. “User Content” is content we receive from or about you that is associated to your Account. User Content includes self-reported data (“Self-Reported Data”); account credentials for patient portals and other third party applications that you connect to your Account; machine identifiers that we collect with tracking technologies (“Usage Data”), and data that we access with your permission from your device, or which we transfer to your device (“Device Data”).
Non-Personal Data takes different forms. It may be aggregated and summarized for reporting purposes (“Summarized Data”). If not aggregated, it may be stripped of personal identifiers and replaced by a pseudonym that does not include any individually identifiable data (“De-Identified Data”). For some purposes, b.well retains control of the capacity to re-associate De-Identified Data to you. In those cases, the De-Identified Data is called Pseudonymized Data. When we and nobody else has reasonable means to re-associate De-Identified Data with your identity, we call that De-Identified Data “Anonymized Data”.
The following chart summarizes the foregoing discussion of how we characterize data, and presents examples with sources of these different categories of Personal Data and Non-Personal Data.
Examples Personal Data
- Data originating from sources controlled by or maintained for Enterprise Sponsors; such as clinical, pharmacy or claims data
- Data from your other health care providers or health plans or from connections you make using the Application; for example, to access your Medicare claims data from CMS or your medical records data from the Veterans Administration
- Self-Reported Data when you complete health surveys in the Application
- Certain types of Device Data, such as uploaded images of your health insurance card or COVID-19 vaccination record or recent COVID-19 lab results
- Health Data from connected health applications, devices or services that you connect to your account
Protected Health Information (PHI)
- A subset of Health Data, PHI is Personal Data in your account that originates with your Enterprise Sponsor, or which you consent to share with your Enterprise Sponsor through the Application.
- To learn more, read Enterprise Sponsors and b.well’s Ongoing HIPAA Responsibilities and User-Directed Health Data Exchange.
Other Personal Data
- Data that does not contain Health Data
- Name, login credentials, contact information, profile picture (classified as Other Personal Data)
- Data you share in the Application (including a cell phone number, social security number, image of a government-issued identification document and/or biometric scan of your face) to create a digital identity and associate it with your b.well Account Information (classified as Other Personal Data). To learn more, read Identify Verification Supplement.
- Self-Reported Data, Usage Data or Device Data (classified as Health Data or Other Personal Data, as applicable)
- Voluntary responses to a health survey presented to you in the Application (classified as Health Data)
- Voluntary responses to a customer satisfaction survey presented to you in the Application (classified as Other Personal Data)
- Login credentials that you give us to collect your Health Data from patient portals, plan member portals or connected health applications (classified as Health Data)
- Data unrelated to Health Data from other connected health applications, devices or services (e.g. authentication, session or refresh tokens) (classified as Other Personal Data)
- An image that you select to upload to b.well, using the camera or external storage features of your device, for example:
- a picture of you for your account profile (classified as Other Personal Data)
- a biometric scan of your face to verify your identity (classified as Other Personal Data)
- an insurance card, COVID-19 vaccination record or COVID-19 lab test result (classified as Health Data)
- Government-issued identification document (classified as Other Personal Data)
- Your approximate or more detailed GPS location, when you allow the Application to access the GPS location of your device (classified as Other Personal Data)
- A digital calendar accessible through your device, to store appointment reminders (classified as Other Personal Data)
- To learn more read How b.well Collects Data and the Google Play Supplement for Android Users
Examples Non-Personal Data
- Summary-level statistics derived from the Personal Data of multiple user accounts
De-Identified Data (Anonymized or Pseudonymized Data)
- De-identified data derived from the Personal Data of one or more user accounts
4. Overview of the Purposes of Data Collection
Why does the Application collect Health Data? Is the Application private?
b.well collects your Personal Data to improve your in-app experience, and to help Enterprise Sponsors deliver health-related programs, consistent with the obligations under HIPAA and applicable laws.
One of the ways you can improve your in-app experience is by building Health Data connections. Health Data connections are secure, trusted and private ways for you to exercise your right of access to your Health Data from your health plans and healthcare providers. This is a right that is guaranteed to you under HIPAA.
We encourage you to consolidate your Health Data from as many sources as possible, because it helps us deliver a more personalized in-app experience, and begin to eliminate friction in the way you access healthcare services. Personalization, informed by your Health Data, is how we can offer solutions within the Application that helps you take action when you identify a healthcare need, and even let you know when there’s a care need in need of your attention.
5. How b.well Collects Data
How does the Application collect data?
We collect data from your interactions with the Application, and at your direction, from the other healthcare providers, health plans, pharmacies, labs and connected health applications that you choose. With your consent, we may collect data from the camera or external storage features of your device; for example, so you can upload an image of your government-issued ID, COVID-19 vaccination card or insurance coverage card.
We collect Personal Data from you when you interact with the Application.
In addition, at your direction and with your consent, we can collect Health Data for use in the Application from:
- Your Enterprise Sponsor
- The health plans that your Enterprise Sponsor sponsors, if you receive coverage or group benefits through them
- Any of your past or present health plans or health care providers, including labs and pharmacies (To learn more, read Data Connections);
- Third party Health Data aggregation sites, including Blue Button 2.0 from CMS and Lighthouse from the U.S. Veterans Administration (for more information, read Data Connections
- Authorized suppliers of virtual health or wellness-related services
- Developers of connected health apps, devices or services
- Other users that you permit to act for you through our Health Circle feature
b.well also provides an in-app disclosure, and requests your consent, whenever it requests Device Data. For example, at your direction and with your consent, b.well will:
- Collect the GPS location of your device to help you find providers, clinical lab sites or pharmacies near your current location
- Place booked appointments on a digital calendar available to you on your device
- Access the camera and photo album features of your device, so you can
- Add a picture of yourself in your account profile
- Create or upload an image of your government-issued identification documentation, a copy of your COVID-19 vaccination status or evidence of health coverage, or
- Share a biometric scan of your face to confirm that a government-issued ID belongs to you
For more information read the Google Play Supplement for Android Users.
6. How b.well Uses Data
How does b.well use the data collected by the Application?
We use your Personal Data to:
- Match your Personal Data from multiple sources, and to correctly identify and link accounts and records that contain your Health Data.
- Verify your identity and authenticate access to your account (and if applicable, the account of another user)
- Facilitate your access to and use of the Application
- help you find healthcare providers, labs and pharmacies near you
- Save booked appointments on your choice of digital calendar, for your later reference
- Save a digital file locally on your device or other external storage service that your control, for your later reference (e.g. a government-issued ID, an appointment intake form or an insurance coverage card)
- Help Enterprise Sponsors perform population health activities, deliver personalized health management solutions and engage in other permitted treatment, payment, and healthcare operations activities under HIPAA, consistent with their respective HIPAA Notice of Privacy Practices and applicable workforce privacy laws
- Carry out our obligations arising from the terms you have accepted
- Personalize your experience in the Application
- Send you communications and provide you with customer service and technical support
- Evaluate service performance and user behavior
- Notify you of new features or service offerings
- Notify you of other benefits that we can provide
- Bill and collect payment for clinical services, if applicable
- Take action that helps us to maintain the security of the Application and the privacy of your Personal Data, obey laws and help prevent fraud and abuse
- Update any hardware, software or other tools that we provide in conjunction with the Application
- Take actions to enforce our agreements and policies
We use Personal Data to create Non-Personal Data. We use and share Non-Personal Data to support the legitimate business purposes described above for Personal Data. We may use Non-Personal Data instead of Personal Data when Non-Personal Data allows us to reduce the risk of unauthorized access, use or sharing of Personal Data.
We implement safeguards to reduce the risk that Non-Personal Data can be re-associated with you or members of your family or household, unless a legitimate legal basis exists for accessing and using the underlying Personal Data. These safeguards include selective disclosure of Summarized Data, Pseudonymized Data or fully Anonymized Data based on the business purpose and the risk of re-identification for a given disclosure.
7. User-Directed Health Data Exchange
How do I decide to share my Health Data with others?
The Application includes tools that let you set permissions for sharing your Health Data with others that you trust. When you set these permissions, you’ll understand exactly what Health Data you’re agreeing to share, and with whom. You can change your permission settings whenever you want.
We do not sell or trade Personal Data to other third parties through the Application.
The Application incorporates a permissions-based framework that is based on the principle of only sharing your Health Data with your informed, affirmative and voluntary consent. “Informed” and “Affirmative” means that you (which may include your lawful representatives, health care agent, or legal guardian) have indicated consent by a deliberate act within the Application, and you have been presented with sufficient context to understand the scope of permission you are granting. “Voluntary” means that your access to the Application is not conditioned upon your granting this consent. If some features or benefits of the Application are not available without consent, we explain these limitations at the time your consent is requested.
A. Sharing with your Enterprise Sponsor
If you use the Application to collect Health Data, you can decide whether to share this Health Data with your Enterprise Sponsor. We request this permission when you create a new Account.
Sharing your individual-level Health Data helps your Enterprise Sponsor deliver more personalized and integrated outreach and programming. If you decide not to share your individual-level Health Data, your Enterprise Sponsor can still gain insights about programming delivered through the Application, but only using Summarized Data.
For Employees and Dependents; keep in mind, Enterprise Sponsors that are your employer will never be granted access to your individual-level Health Data; just to Summarized Data or other forms of Non-Personal Data. The only exception is if the Application collects Health Data for a justifiable workplace safety purpose. In that case, the data practices are detailed under Additional Privacy Notices.
At any time, you can stop sharing individual-level Health Data with Enterprise Sponsors. b.well will implement these changes within a reasonable time. Keep in mind, we cannot retroactively apply these changes, but Health Data collected after implementing the change will not be shared with the Sponsor.
B. Sharing with Other Users (Health Circle)
You can set permissions to automatically share some or all of your Health Data with family members, friends, professional caregivers or other individuals that you identify in your circle of support (your “Health Circle”). You can also set permissions that allow another user to exercise account privileges on your behalf.
Health Circle permissions can be set to “access” or “edit” privileges, according to your preferences. Individuals invited to your Health Circle must first create an Account. A user in your Health Circle with “access” privileges can view your Health Data, but cannot act through the Application on your behalf. A user in with “edit” privileges can view your Health Data, and also perform some activities through the Application on your behalf.
Be advised, Health Data can include genetic or family history information that is relevant to other family members. While we do not require you to obtain consent from these family members before you share this data with others, you should only share access to your Account with individuals you trust, and you accept all responsibility for disclosures that are made to them.
Parents as Personal Representatives of Minors: In most cases, parents have access and edit privileges for Health Data of their minor children through Health Circle. However, we retain discretion to deny a parent’s access to a minor’s Health Data according to applicable state law. Be advised: For minor children above the age of consent for specific clinical services under applicable state law, Health Data related to those services may not be accessible to parents. Also, once minor children reach the age of majority, we automatically terminate a parent’s access to Health Data in their child’s account. To regain access, the majority-age child can set permissions through Health Circle.
C. Sharing with Your Healthcare Practitioners
From your account, you can share a copy of your clinical data summary with the healthcare provider(s) you designate.
D. Sharing with Your Personal or Legal Representative, Healthcare Agent or Legal Guardian
Although we strongly discourage sharing your credentials with someone, should you choose to do so, we deem these individuals to be acting with your consent.
E. Sharing with Authorized Suppliers
You can set permissions to automatically share some or all of your Health Data with an authorized supplier. At any time, you can revoke these sharing permissions, and we will implement the changes within a reasonable time. We will not be able to retroactively revoke access to Health Data that has already been shared with these suppliers. You will need to contact these suppliers directly concerning your rights with respect to that data.
8. When b.well May Disclose Data to Others
When can b.well disclose data in my account to others without my voluntary, affirmative and informed consent?
b.well may need to disclose data to deliver services through the Application, perform its business operations or meet its legal obligations. Here are a few key points:
- b.well does not sell your Personal Data to third parties or let others use it to market their services to you.
- If we have a legal or law enforcement request to disclose data, we scrutinize these requests, minimize the data we share, and notify you when we can.
- We don’t control the data practices of advertising networks and similar third party technology platforms that track your online activities. You will need to read their privacy policies to become familiar with their data practices.
We consider your Personal Data and Non-Personal Data to be confidential. We do not sell your Personal Data to third parties (other than in connection with a Business Transfer). Nor do we knowingly share your Personal Data or Non-Personal Data with third parties for marketing purposes without your consent.
There are limited occasions when b.well has a legitimate business purpose to disclose Personal Data or Non-Personal Data to third parties without your voluntary and affirmative in-app consent. These occasions are described below.
A. Third Party Service Providers
B. Law Enforcement and Regulatory Authorities
We do not disclose Personal Data to law enforcement or regulatory authorities unless we determine it is necessary to do so under law to comply with a valid court order, subpoena, search warrant, required by law, or in case of an emergency.
C. Civil Proceedings
If b.well is a party to a legal proceeding with you, we may disclose your Personal Data to the court or arbitrator for purposes of resolving a civil dispute. If b.well is not a party to a legal proceeding, we may be required by law to disclose your Personal Data pursuant to a valid subpoena, discovery request or other lawful process. Even if additional protections are not required by applicable laws, we use our reasonable best efforts to obtain your authorization or seek a qualified protective order to protect Personal Data, before disclosing it in a civil proceeding. We also use reasonable best efforts to limit disclosures of Personal Data to the minimum necessary to accomplish their intended purpose.
b.well can share your Personal Data or Non-Personal Data with affiliated entities, as permitted by HIPAA and contract.
E. Business Transfers
F. Advertising Networks, Cross-Device Linking and Do Not Track Signals
Third parties, like advertising networks, web analytics companies and social media and networking platforms, may collect information about your online activities over time and across multiple web and mobile platforms. Their use of Tracking Technologies when you access the Application may be used to predict or determine a likely association or relationship between two or more devices, or to help them serve you content on other websites and social media platforms. We are not responsible for third party Tracking Technologies used by these third parties, or for the targeted advertisements they may cause to be served to you on other platforms. We encourage you to check the privacy policies of these third parties to learn more about their privacy practices, and use browsers, broadband services and devices that you trust when you access and use the Application
9. Email, Text Messages and Push Notifications
You may receive communications related to your account via email, text message, or push notification. By default, we only include generalized health information in these communications. If given the option to receive more personalized messages, be aware that these communications are not secure, and they may be visible to others with access to your devices.
Within the Application, you can choose to receive personalized communications via email, text message, and push notifications (“electronic communications”). By default, we only include Account Information (user name, contact information) and generalized health information in these communications through the Application. Within the Application, you can select your preferred communication methods. You may be given the option to specify more Personal Data to be displayed.
When selecting these preferences, keep in mind that electronic communications are not confidential or secure methods of communication. Any Health Data, including PHI, that you accept through electronic communications may be at risk of exposure to unwanted and unauthorized parties, and also could be intercepted, read by a third party, and/or used for inappropriate purposes. In addition, once an electronic communication is received by you, someone may be able to access or view your screen on your phone, applications, digital devices, or email accounts and read the message. You understand that it is your responsibility to make sure that only authorized people are allowed to access your email, phone messages, cell phone, and digital devices.
If you correspond with us by e-mail or text, you should be aware that your transmission might not be secure from access by unauthorized parties. We have no liability for disclosure of your information due to errors or unauthorized acts of third parties during or after transmission.
10. Data Retention and Account Changes
How long does b.well hold on to my data?
We follow an established data retention policy for deleting the Personal Data of dormant accounts after 10 years and closed accounts after 30 days. Exceptions occur when we are lawfully allowed or required to retain data for longer time periods.
How can I close my account?
Contact our support team if you want to close your account. We first suspend your account for 30 days in case you change your mind, and to give you time to securely download your Health Data. After that, we permanently delete your Health Data, subject to our data retention policy.
What happens if b.well decides to suspend access or close my Account?
b.well reserves the right to terminate the Application, or close your account. Before closing your account, we suspend it and let you know using the e-mail address provided in your account profile. We reserve the right to deny access or notice if you violate our Terms, if required by law, or if we believe suspension is reasonable to prevent or mitigate harm.
In general, we retain Personal Data and Non-Personal Data for as long as your account is active or as needed to provide you access to the Application. We delete the Personal Data of dormant accounts after 10 years, and delete the Personal Data of permanently disabled (closed) accounts after 30 days. We may retain Non-Personal Data indefinitely.
These data retention policies may be overridden in our sole discretion if we are allowed or required to retain your Personal Data to comply with our legal and contractual obligations, to resolve disputes or to enforce our agreements with you. For example, we cannot delete Health Data in the systems and services that support the Application when that Health Data originates with an Enterprise Sponsor or after you consent to share Health Data with an Enterprise Sponsor. Under these circumstances, your Health Data is retained as PHI, and is subject to the Enterprise Sponsor’s privacy policies and applicable data retention laws.
Closing Your Account
You can close your account at any time and for any reason. To close your account, please contact us through the Application under Support. When you ask us to delete your account or Personal Data in full, we will first suspend your account for 30 days. During this suspense period, you will retain direct access to data in your account so you can securely download your Health Data. You can also change your mind and request that your suspended account be re-activated. After the suspense period expires without a request from you to reinstate your account, we permanently disable your account and delete your Personal Data as described above. Permanently disabling your account means that you will no longer have access to your Personal Data through your account.
Suspending or Terminating Services
We may suspend or terminate your access to your account or to one or more features within the Application, at our sole discretion, at any time and without notice to you. For example, we may suspend or permanently disable accounts that have not been authenticated, or which have not been accessed for a prolonged period of time. Before permanently disabling your account, we will attempt to notify you using the e-mail address you have provided in your account profile. However, we are not obligated to notify you in advance in some cases (for example, if we have a reasonable belief that you have repeatedly and flagrantly violated the Terms, by court order, or if we have a reasonable suspicion that the privacy or confidentiality of others Personal Data may be compromised, or that your access poses a danger to other users).
11. Information Security
Tell me about the Application’s information security measures
We take data security seriously. Our system of physical, technical, and administrative safeguards are independently reviewed to ensure that they comply with HIPAA and meet our privacy and security standards. Even so, there is always a risk of data breach, and you accept that risk. We have protocols in place to notify you and help you through next steps if your data is compromised.
If we believe that the security of your Personal Data may have been compromised, we will notify you about the breach using the email provided in your Account Profile. The notification will include the following information: (a) A brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known; (b) A description of the types of unsecured Health Data that were involved in the breach; (c) Steps individuals should take to protect themselves from potential harm resulting from the breach; (d) A brief description of what the entity that suffered the breach is doing to investigate the breach, to mitigate harm, and to protect against any further breaches; and (e) Contact procedures for individuals to ask questions or learn additional information, which shall include a toll-free telephone number, an email address, Web site, or postal address.
We will provide this notice to you using the email address you provide to us in your Account Profile. If you prefer that we notify you by first class mail, please let us know by contacting Support through the application or by emailing firstname.lastname@example.org. You can also request a print copy, at no charge, of any electronic notice that we may have sent to you about the incident.
13. Marketing to Minors
Can I use the Application if I’m under 13 years old?
Usually not. Instead, we give parents and legal guardians the ability to create accounts for minors under 13 years old.
We do not knowingly market to or solicit Personal Data from children under the age of 13. We do not knowingly permit anyone under the age of 13 to have their own Account without first obtaining clear, verifiable consent from their parent or legal guardian. If we obtain actual knowledge that we have collected Personal Data from a user under thirteen (13) years of age without their legal representative’s consent, we will use reasonable efforts to refrain from further using such Personal Data, and take steps to disable further use or access in a retrievable form.
14. International Data Transfers
Does b.well transfer my Personal Data outside the U.S.?
We do not transfer your Personal Data to regions outside the U.S., but it may be accessed when you access the Application from outside the U.S. You consent to any transfer of Personal Data to the U.S. when you use the Application from another country.
The Application is hosted in the United States and does not transfer your Personal Data to regions outside the United States. Third party service providers that support the Application may have personnel located outside of the United States, who may access Personal Data.
If you access the Application from outside the United States, the laws of the applicable jurisdiction governing data collection and use may differ from United States law. You also consent to the transfer of Personal Data to the United States for storage and processing.
Where can I get more information if I have more questions about my data or b.well’s data practices?
16. Users in the European Economic Area: Your Privacy Rights
- Legal Basis for Processing
Our legal basis for collecting and using your Personal Data depends on the personal information concerned and the specific context in which we collect it. We always seek your explicit consent before collecting and using your Health Data for the Services. In some cases, we also may have an independent legal basis for collecting and using some or all of your Health Data. For example, we can collect and process Health Data on behalf of Enterprise Sponsors as their HIPAA business associate, including Health Data from third party sources that you consent to share with b.well and your Sponsor.
We collect and process Health Data and Other Personal Data for the purposes listed in How b.well Uses Data. These purposes are subject to overriding individual rights guaranteed under the GDPR, listed below. If we are unable to deliver Services and simultaneously help you exercise these rights to the fullest extent, we will let you know the reasons why. At that point, you can decide either to Close your b.well account, or withdraw your request to exercise these rights.
In some cases, we may also have a legal obligation to collect personal information from you or may otherwise need the personal information to protect your vital interests or those of another person. An example is if we need to verify your identity or authority to access Health Data to fulfill a data request.
If we ask you to provide personal information to comply with a legal requirement or to perform a contract with you, we will make this clear at the relevant time and advise you whether the provision of your personal information is mandatory or not (as well as of the possible consequences if you do not provide your personal information).
If we collect and use your personal information in reliance on our legitimate interests (or those of any third party), this interest will normally be to operate our Services, to communicate with you about our Services and for other legitimate commercial interests, like those listed in How b.well Uses Data. We may have other legitimate interests and if appropriate we will make clear to you at the relevant time what those legitimate interests are.
If you have questions about or need further information concerning the legal basis on which we collect and use your personal information, please contact us by email to Support@icanbwell.com subject line: GDPR Privacy.
- Individual Rights of EEA Users
You may request access to your Health Data through the application. For Other Personal Data, contact b.well Support through the application or by emailing Support@icanbwell.com.
You can correct inaccurate/incomplete Personal Data that originates in our Services by editing information in your Account Profile. Health Data that originates from other sources must be corrected at the source.
Object to, Limit, or Restrict Use of Data
You can ask us to stop using all or some of your Personal Data or to limit some or all of our uses of it by changing your data sharing permissions in the application. If you wish to limit or restrict use of your Personal Data further, we may not be able to deliver Services. If that is the case, your remaining option is to Close your b.well account.
In certain circumstances, you can request a right “to be forgotten” (this is a right to have your information deleted or our use of your data restricted). We will honor these requests unless we have to retain this information to comply with a legal obligation or unless we have an overriding interest to retain it. Please read Data Retention and Account Changes.
In certain circumstances, you can exercise the right to data portability (this is a right to obtain a transferable version of your Personal Data to transfer to another provider). Please read User-Direct Health Data Exchange.
17. California Residents: Your California Privacy Rights
Does b.well comply with California’s consumer privacy laws?
California Privacy Act Notice. Under California Civil Code Sections 1798.83-1798.83
California Consumer Privacy Act (CCPA) Notice. California Civil Code Sections 1798.100-1798.198 and their implementing regulations
California residents can request a disclosure in machine-readable format of the categories and specific pieces of personally identifiable information that we have collected about you and your household during the 12 months preceding our receipt of a verifiable consumer request (limit two times per 12-month period). You can also ask where this information came from, and what we use it for.
Within the application, you can securely download a machine readable copy of your Health Data. To request a machine-readable copy of all categories and specific pieces of Personal Data about you and your household during the preceding 12 month period – and the sources of this Personal Data – please contact b.well Support through the application or by emailing Support@icanbwell.com.
Also businesses subject to the CCPA that sell the personal information of California residents must disclose additional information about the personal information they’ve sold in the preceding 12 months.
b.well does not knowingly sell Personal Data to any third party. For this reason, provisions in the CCPA that give California residents to opt out of these sales, and receive an accounting of disclosures related to these sales, do not apply to b.well.
Businesses subject to the CCPA must give notice to California residents when they offer financial incentives – or vary their service terms – in exchange for selling their personal information.
b.well does not offer financial incentives or vary our service terms as a way to induce you or other users to permit us to sell your Personal Data.
Businesses subject to the CCPA must honor requests that enable California residents to request that their personal information be deleted.
18. Additional Privacy Notes
b.well gives you the option of creating a secure, authenticated Digital Identity. Your Digital Identity is similar to sharing your government ID when you arrive for a clinical appointment or ask for a copy of your medical records, except that it is accomplished remotely.
Digital Identity is a critical component of protecting your privacy, because it provides strong proof that you are who you say you are. That level of proof is important as more healthcare services become available online. For example:
- Scheduling care and check in. Using your Digital Identity can help when scheduling care and completing pre-visit forms.
- Accessing digital health solutions. A Digital Identity can streamline your access to virtual or digital solutions through b.well.
- Requesting your health data. Strong proof of your Digital Identity is a requirement for requesting your Health Data through health information exchanges and networks.
Here are the steps involved with creating a Digital Identity.
- We share these privacy practices with you before collecting any of the information we need to verify your identity.
- We ask you to provide your cell phone number, social security number (if you have one), and a government-issued identification document with a picture on it (a “Government ID”). If you have not yet given consent for b.well to use the camera or photo library feature of your device, we may ask you for permission to use these features, to collect an image of your Government ID.
- In addition, to make sure the Government ID is yours, we may ask you for permission to use the camera on your device, to collect a biometric scan of your face (“Biometric Information”).
- We will ask you to affirm that the information you provide as part of collecting the Digital Identity is true and accurate, and only belongs to you.
- Once b.well collects this information, we encrypt it, together with some additional identity attributes already associated with your account (for example, your name, date of birth, and email address), and securely transmit it to b.well’s identity verification service provider (“IDP”). The IDP is contractually obligated to maintain the security of the information we transmit, and only use the information to fulfill its duties as an IDP.
- The IDP authenticates the Government ID, affirms that the Government ID belongs to you, and confirms the accuracy of information contained on the Government ID. If the IDP is able to verify your Digital Identity, b.well will let you know.
We will only use this information for the purposes of verifying your identity.
Be advised: While b.well applies reasonable and appropriate measures to safeguard the accuracy and integrity of its proofing process, and that of its IDP, no remote identity proofing solution is 100% guaranteed to deliver a Digital Identity, or to prevent the willful subversion of its proofing processes. The warranty disclaimers, limitations of liability and indemnification provisions of b.well’s Terms of Service apply to your use of b.well’s digital identity proofing features.
Please contact b.well at email@example.com immediately if you have questions or concerns about your Digital Identity or the Digital Identity process.
Google Play Supplement for Android Users
How will my Device Data be used when I use b.well?
Google has determined that b.well is subject to Google’s additional disclosure and consent requirements. As a result, we are required to provide the following information so we can make b.well available to you in the Google Play store.
- The Application interacts with your device’s calendar, camera and external storage only if you choose to use these device features. b.well displays prominent in-app disclosures at the time access to these features is requested, about the reasons for accessing these device features. b.well cannot access these features without your affirmative, voluntary and informed consent.
- By way of example, the Application might request access to a digital calendar to store an appointment reminder, access your device’s camera or photo library, or temporarily use external storage to edit an image to (i) add a photo to your b.well profile, (ii) add documents to your b.well digital wallet (for example, your COVID-19 vaccination record, lab test results, or an insurance card) or (iii) verify your identity.
- The Application was not created specifically for the COVID-19 pandemic. It existed before the COVID-19 pandemic to allow you to access and maintain your Health Data in one place. The Application can help you to access and manage COVID-19-related vaccination information, laboratory test results, and documents with illness-related information, and/or to store it in the Application for your personal convenience. You choose if or how you want to access, display, use or share this information, just like you can make those decisions about Health Data relating to other conditions, services, tests or vaccinations.
19. Revision History
November 16, 2022 Revisions
Updated Device Data under Categories of Data We Collect to specify that documents or media (image, audio, video) files may be uploaded by users, using the camera, photo library or read/write internal and/or external storage features of their device, and conforming changes to the Google Play Supplement for Android Users.
September 07, 2022 Revisions
Removed the COVID-19 Return to Work Supplement from Additional Privacy Notices.
August 9, 2022 Revisions
- Re-ordered the sections, by moving “Enterprise Sponsors and b.well’s ongoing HIPAA responsibilities” to §2, to emphasize key data practices and privacy principles
- Updated §3.a (Categories of Data)
- Updated the Key Takeaway to include a prominent disclosure that the application collects sensitive personal information, as required by Google Play policies.
- Clarified that “Non-Personal Data” also refers to data that cannot be reasonably used to re-identify an individual, family or household to the data originally associated with that individual, family or household
- Added Device Data as a sub-category of User Content
- Clarified that User Content may be Health Data or Other Personal Data, and depends on whether Health Data is included in User Content
- Added examples to the chart to reflect the updated Data Category taxonomy, including Device Data
- Added §4 (Overview of the Purposes of Data Collection)
- Updated §5 (How b.well Collects Data)
- Added explanations of how Device Data might be collected by the Application
- Added §7 (User-Directed Health Data Exchange)
- Consolidated disclosures from other sections under this heading
- Disclosures requiring user consent are collected under this heading
- Updated §8 (When b.well May Disclose Data to Others)
- Limited disclosures under this heading to examples when user consent will not be required
- Updated Additional Privacy Notices
- Added Google Play Supplement for Android Users
- Added Digital Identity Supplement