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Direct Notice To Adults, Parents, And Guardians

Kurbo provides a family-based healthy lifestyle coaching service designed to help empower young people, with the support of their parents, to develop healthy eating and activity habits. We need your permission for your dependent(s) under the age of 13 (“Child” or “Children”) to use Kurbo’s online services. Please read below for additional information.

Kurbo may collect personal information from Children, including the following:

  • Persistent Identifiers: We automatically receive and record certain technical information from Children as they use Kurbo’s mobile app, including their device ID. We collect and use this information only within Kurbo to operate and improve the Kurbo service.
  • Video or Audio Recordings: Kurbo may record some personal coaching sessions for the purposes of maintaining coaching quality and internal training purposes. These recordings are not used for any other purposes, including marketing.
  • Name, Health, Food, and Activity Information: We may collect your Child’s first and last name, as well as personal wellness and nutrition information, including height, weight, and food and activity choices, during your Child’s use of Kurbo, which we use solely to provide the Kurbo service.

We need your permission to collect, use, or disclose the personal information described above from your Child or Children under the age of 13, or whatever age is required in your specific country. To give your permission, after you have closed this notice, please click the box titled “I have read and accept the Direct Notice to Adults, Parents, and Guardians” on the landing page. Until we receive your permission, we will not collect, use, or disclose the personal information described above from your Child. If you do not provide consent within two weeks, Kurbo will delete the online contact information you provided to us, if any, from our records.

We will not disclose personal information we collect from Children to independent third parties except for disclosures necessary to provide the service, and we use such information for the above purposes only. For detailed information about our privacy practices, please read our Privacy Policy

Please contact us at privacy@kurbo.com with any questions.

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Terms and Conditions

Effective Date: May 1, 2017

This End User License Agreement is between you and Kurbo Inc. (“Kurbo”) and governs your use of the Kurbo online services, including its Website, App and any other Services (“the Services”).

General Section

Acceptance

By accessing the Kurbo Website, downloading the Kurbo App, or otherwise using the Kurbo Services, you agree to be bound by the terms of these Terms and Conditions (“Terms”). You further agree that your use of the Services shall be subject to and governed by any usage requirements established from time to time by Kurbo and where applicable, the Usage Rules set forth in the App Store for which you downloaded the App, provided that such terms are consistent with these Terms. You agree to use the Services only in accordance with the foregoing requirements. If you do not agree to the current version of these Terms, you are not entitled to use the Services.

While teens may sign up for this service on their own, parents or guardians of children under the age of 13 (“Child” or “Children”) must register their Child directly and verify their consent for their Child to participate in this service. Note that some countries may restrict the age of consent further (see below for specifics).

References to “you”, “your” or “yours” in these Terms shall refer to you the user, Teens, Children or parents/guardians of Children or Teens (as the case may be).

Medical Information

The Services contain general information relating to health topics, specifically nutrition, exercise and wellness, for educational purposes only, but it is no substitute for medical judgment, advice, diagnosis or treatment of any health condition or problem. The Services do not provide comprehensive information concerning any particular disease or medical condition. Users of the Services should not rely on information provided by the Services to diagnose or treat health problems. Use of the Services does not create an express or implied physician-patient relationship.

Proper treatment of health conditions depends upon a number of factors, including among other things, your medical history, diet, lifestyle, and medication regimen. Your health care provider can best assess and address your individual health care needs. You should consult with your health care provider before starting any new diet or fitness regimen. You should not make healthcare decisions, undertake any medical actions or not undertake any medical actions, or avoid or delay obtaining medical advice from a licensed health care practitioner because of something that was read on the Services.

Information and statements about dietary supplements have not been evaluated by the U.S. Food and Drug Administration or equivalent authorities in other jurisdictions and are not intended to diagnose, treat, cure, mitigate, or prevent any disease or health condition. Kurbo does not necessarily endorse manufacturers' or others' claims about the efficacy of these products. We specifically disclaim any guarantee or warranty, express or implied, with respect to any products or services discussed, described or sold on the Services, including any warranty of merchantability or fitness for a particular purpose. No information conveyed by our Services either orally or in writing shall create such a warranty.

THE INFORMATION PROVIDED ON THE SERVICES DOES NOT CONSTITUTE MEDICAL ADVICE. NO REPRESENTATION IS MADE REGARDING THE ACCURACY OR IMPORTANCE OF ANY INFORMATION REFERENCED HEREIN. YOU SHOULD CONSULT AN APPROPRIATE HEALTH CARE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. THE SERVICES ARE NOT INTENDED TO DIAGNOSE, TREAT, CURE, OR PREVENT ANY DISEASE.

Kurbo does not provide any form of insurance AND THE SERVICES AND OTHER INFORMATION PROVIDED IN AND ON THIS SITE DO NOT CONSTITUTE ANY FORM OF INSURANCE COVERAGE.

Privacy Policy

These Terms include and incorporate the Kurbo Privacy Policy, available at http://kurbo.com/privacy-policy.html, which is integrated herein by this reference.

Please note that, in addition to the collection of information provided directly to Kurbo, certain information will be collected automatically by the Services. By using the Services, you agree to the collection, retention and processing of all data collected automatically by the Services or input by you into the Services. THIS INFORMATION MAY INCLUDE THE PHYSICAL LOCATION OF YOUR DEVICE.

For Singapore residents, your attention is drawn in particular to the Section of the Kurbo Privacy Policy entitled “Singapore Privacy Rights (For Singapore residents only)”.

Children's Information and Parental Rights

Children under the age of 13 are prohibited from using the Services without the verified consent of their parent or guardian. Parents or guardians who wish to register their child for these services must complete the registration process, which includes receipt of Direct Notice regarding our data practices and completing a verified parental consent process as described in our Privacy Policy for each child that you wish to permit use of the Services.

As detailed in the Privacy Policy, Kurbo reserves the right to disclose information to a parent or guardian and/or other authorities in the event that a user discloses, or a coach observes, activities that present a concern for the safety or wellbeing of the user, such as rapid weight loss or gain or other unhealthy weight loss practices, mental health issues, or physical or mental abuse if Kurbo, in its sole discretion, deems necessary or otherwise appropriate. However, Kurbo disclaims any duty to monitor, review or act upon information related to such concerns, and is under no obligation to report such information to either parents, guardians or other authorities. You agree that Kurbo is not liable for any direct, indirect, special, consequential, incidental, or punitive damages whatsoever arising out of your use of the Services, or Kurbo's decision not to monitor, review, act upon or report such concerns.

License

Subject to these Terms, Kurbo grants you a non-transferable, non-exclusive, non-assignable limited license (without right of sublicense) to use the Services, including installing and using one copy of the App on your device in machine executable object code form, for the sole and limited purpose of your personal use. This Service is licensed, not sold, to you under these Terms. You have no ownership rights in, or related to, the software, any services or functionality provided by the Services or any related documentation. Kurbo retains all rights, title, and interest in and to the original, and any copies, of the Services (including any changes, modifications, or corrections thereto) and any related documentation.

Third Party Materials and Links

The Services may display, include, or make available content, data, information, applications or materials from Third Parties (“Third Party Materials”) or provide links to certain Third Party websites. Third Party Materials and Third Party websites are not under the control of Kurbo and Kurbo is not responsible for the availability, contents, or performance of any website, or the services or materials provided by any Third Party listed, described or discussed in the Services. Kurbo is providing these Third Party Materials and links to you only as a convenience, and the inclusion of any Third Party Materials or links does not imply endorsement by Kurbo of such Third Party, or any goods or services available through the Third Party, or any association with the Third Party's operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at any Third Party website. Kurbo disclaims any responsibility for the accuracy, reliability, currency, availability, or completeness of content or information provided in Third Party Materials or found on any sites that link to or from the Services by Third Parties not associated with us. Kurbo also does not accept any responsibility for technical failures or for unauthorized access of user transmissions by Third Parties.

YOU AGREE THAT KURBO WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS, GOODS OR SERVICES PROVIDED BY THIRD PARTIES, INCLUDING THIRD PARTIES LINKED THROUGH THE SERVICES.

Location Services

Kurbo may make use of the location data that you provide upon registration, and location information automatically collected or transmitted from your computer or device, to provide you with more geographically relevant content and Services. You can turn off this location based functionality for our app at any time by disabling Location Services in the settings for the Services on your device. You may restrict collection of location information from your computer by disabling cookies. However, if you provide us with your location information, permit cookies on your computer and/or enable Location Services on your device, you consent to our transmission, collection, maintenance, processing and use of your location data and queries to provide and improve location-based Services for the Services. Some features and functionality may not be available if either cookies or Location Services are disabled.

Content, Copyrights, Trademarks, and Other Restrictions

The rights granted by these Terms are limited. You may not assign these Terms or any of the rights or licenses granted under these Terms or sell, rent, lease, license, sublicense, distribute, transfer lend or otherwise grant any right in the Services to any person or entity in whole or in part. Any attempted sublicense, transfer, or assignment in violation of these Terms is void and terminates these Terms.

You acknowledge that the Services contain proprietary trade secrets as well as patented inventions and patent pending technologies owned by Kurbo and/or its licensors and suppliers. You may not: copy, reproduce, port, translate modify, distribute, scrape, create derivative works based on the Services or in any other manner duplicate the Services, in whole or in part; decompile, disassemble, reverse engineer or otherwise attempt to derive, reconstruct, identify or discover any source code, underlying ideas, underlying user interface techniques or algorithms, of the Services by any means; remove any proprietary notices, labels or marks from the Services; or knowingly take any action that would cause the Services to be placed in the public domain.

The Services and the content made available by Kurbo through the Services (the “Content”), including without limitation, text, graphics, legends, customized graphics, original photographs, data, images, typefaces, titles, button icons, logos, designs, words or phrases, page headers, and software as well as the design, coordination, arrangement, enhancement, and presentation of this material, are protected under United States and international copyright laws, are subject to other intellectual property and proprietary rights and laws, and are owned by Kurbo and/or its licensors and suppliers.

Except as provided herein or as permitted by law, you may not upload, post, reproduce, copy, modify, publish, transmit, sell, offer for sale, or redistribute the Services or the Content in any way without the prior written permission of the owner of the copyright or other proprietary right. You must abide by all copyright notices, information, or restrictions contained in or attached to any Content. No title, rights, or interests in any downloaded materials from this site are afforded to you as a result of such downloading for personal, noncommercial use.

The names, logos, and materials displayed in the Services constitute trademarks, trade names, service marks or logos (“Trademarks”) of Kurbo or other entities. Ownership of all Trademarks and the goodwill associated therewith remains with Kurbo or those other entities. Third-Party Trademarks contained in or used by the Services or Services are the trademarks or registered trademarks of their respective owners, and the use of such Trademarks shall inure to the benefit of the trademark owner. The use of such third-party Trademarks does not constitute: (i) an affiliation by Company and its licensors with such company, or (ii) an endorsement or approval of such third-party companies and its licensors and its products or services.

DMCA Notice

If you believe that your intellectual property rights have been violated by something on our Services, please contact our Copyright Agent at: Kurbo Terms Administrator 301 Howard, 15th Floor San Francisco, CA 94105 terms@kurbo.com and provide the following information:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of or a representative list of the work you believe has been infringed;
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Kurbo to locate the material;
  • Information reasonably sufficient to permit Kurbo to contact you;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Changes and Updates to the Services and Compatibility

Kurbo will have no obligation to provide the Services, may change the form and nature of the Services at any time with or without notice to you, and may cease providing the Services at any time with or without notice to you.

Kurbo may choose to provide updates to the Services from time to time in its sole discretion. To the extent that you choose to download or use any such updates to the Services, you acknowledge that you will be bound by the version of these Terms which is applicable as of the time you download and use any such update to the Services.

Kurbo does not represent or warrant that any version of the Services will be compatible with any hardware or software versions or applications (including any future versions or updates of your phone, tablet, computer or its operating system) or provide the same functionality that is provided by the current version of the Services. The Services may not be compatible with your hardware or software versions or applications (including any specific versions of your phone, tablet, computer, or its specific operating system). Kurbo does not undertake any obligation to provide the Services to you in a way that is compatible with your hardware or software.

Electronic Communications

When you send electronic messages through the service, emails or texts to us, you are communicating with us electronically and consent to receive return communications, if any, from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Kurbo also may contact you by email to respond to any questions you may send to us, send you email communications about information we think you will find useful—including announcements about new products and services through our Services, or communicate other information as necessary to administer the Services.

If you provide us with your cell phone number, you consent to receive text messages to that cell phone related to the Services.

PLEASE NOTE THAT WHEN YOU CONTACT US BY EMAIL OR TEXT, SUCH COMMUNICATION MAY NOT BE SECURE BECAUSE IT TRAVELS OVER UNSECURE COMMUNICATION LINES. BY SENDING ANY CONFIDENTIAL OR PERSONAL INFORMATION TO US VIA EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.

United States Only Restriction

The Services, including the information pertaining to Kurbo, is intended for use only by residents of the United States (or other countries explicitly mentioned in this document). It may not comply with legal requirements of foreign countries. Other countries may have laws or regulatory requirements that differ from those in the U.S. Any portion of the Services is void where and to the extent such portion of the Services are prohibited by law.

Your Obligations

You agree to use the Services only for lawful purposes. You agree not to interrupt or attempt to interrupt the operation of the Services or Services in any way. Any conduct by you that, in our sole discretion, restricts, inhibits, or interferes with the ability of any other user to enjoy the Services or infringes on the privacy of any other user of the Services will not be tolerated, including by means of hacking or defacing any portion of the Services, or by engaging in spamming, flooding, or other disruptive activities. You are strictly prohibited from communicating on or through the Services any unlawful, harmful, offensive, threatening, abusive, libelous, harassing, defamatory, vulgar, obscene, profane, hateful, fraudulent, sexually explicit, homophobic, racially, ethnically, or otherwise objectionable material of any sort, including, but not limited to, any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law.

In creating an account, you are solely responsible for maintaining the confidentiality of your access information, including your password, as well as the accuracy, completeness and currency of any data in your account. You may not use or interfere in any way with the account, user name or password of any other Kurbo user at any time. If you suspect unauthorized use of your account, user name or password, you agree to notify Kurbo immediately. Kurbo shall not be liable for any loss related to the use of your account, user name or password by any third party with or without your knowledge. You may be held liable for any losses incurred by Kurbo, its affiliates, officers, directors, employees, consultants, agents and representatives due to any third parties; use of your account or password. Kurbo does not represent, warrant or Guarantee the Currency or Accuracy of member account information, and hereby disclaims all responsibility and liability for any information provided by members by means of their account or for use in public profiles, or in any other connection with the Services.

You are also solely responsible for your interactions with other Kurbo users, and acknowledge that Kurbo is not and shall not in any way be responsible for the behavior of other users, or be liable for any indirect, special, incidental, or consequential damages arising out of or relating to any member's conduct in connection with such member's use of the Services, including without limitation, bodily injury, property damage, wrongful death, emotional distress, loss of Services or any other damages resulting from communications or meetings between users of Kurbo. You hereby agree to exercise reasonable precaution in all interactions with other users, such as in interactive social features, and knowingly and freely assume all risk when using the Services.

We reserve the right to terminate or suspend this Terms without notice, if we believe, in our sole discretion, that your actions are in violation of any applicable law or it is harmful to our interests or the interests, including intellectual property or other rights, of another user of the Services or other third party partners, affiliates, sponsors, providers, licensors, or merchants.

Access to the Services and Wireless Carrier Charges

You acknowledge that by using the internet to use the Services or Services, you may incur charges from your wireless carrier, internet service provider or other method of internet access, and that payment of any such charges will be your sole responsibility. You agree that your use of the Services will be in accordance with all requirements of your wireless carrier, internet service provider and other method of internet access. Kurbo does not control wireless or internet access. Your use of these networks may not be secure and may expose your personal information sent over such networks.

Disclaimer of Warranty

THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SERVICES IS WITH YOU. SHOULD THE SERVICES PROVE DEFECTIVE, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING AND REPAIR.

ALL WARRANTIES WITH RESPECT TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR USE OR PURPOSE ARE DISCLAIMED.

KURBO AND ITS SUPPLIERS MAKE NO GUARANTEES AND DISCLAIM ANY IMPLIED WARRANTY OR REPRESENTATION ABOUT THE SERVICES' ACCURACY, RELEVANCE, TIMELINESS, OR COMPLETENESS. THEY DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS IN ANY RESPECT OR BE AVAILABLE AT ALL TIMES, OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ERRORS IN THE SERVICES OR NONCONFORMITY TO ITS DOCUMENTATION CAN OR WILL BE CORRECTED. YOU ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION ARE A MATERIAL INDUCEMENT AND CONSIDERATION TO KURBO TO GRANT THE LICENSE CONTAINED IN THESE TERMS AND TO PROVIDE YOU WITH ACCESS TO THE SERVICES.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT AND REGARDLESS OF THE FORM OF ACTION WILL KURBO OR ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THESE TERMS, YOUR USE OF OR INABILITY TO USE THE SERVICES, OR YOUR USE OF OR RELIANCE ON ANY DATA YOU MAY ACCESS IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF KURBO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that Kurbo may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Kurbo liability will be equal to the amount the user paid for the Services or the minimum permitted under such applicable law.

Indemnification

You agree to indemnify, defend and hold harmless Kurbo, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, from your use of the Services or resulting from any violation by you of these Terms, to the fullest extent allowed by law.

Termination

These Terms are effective until terminated. You may terminate these Terms at any time by destroying all copies of the Services and related documentation under your control. All license rights granted to you will immediately terminate if you violate any of these Terms, but all other provisions of these Terms will survive such termination.

Miscellaneous

These Terms, including the Privacy Policy, constitute the entire agreement between you and Kurbo with respect to, and supersedes any previous oral or written communications or documents (including, if you are obtaining an update, any agreement that may have been included with an earlier version of the Services) concerning the subject matter of the Terms. In no event will any additional or inconsistent term in any purchase order or similar document submitted by you modify these Terms.

These Terms are governed by the laws of California, as such laws apply to contracts between California residents entered into and performed entirely in California, notwithstanding your place of residency or California conflicts of law provisions. These Terms will not be governed by the U.N. Convention on Contracts for the International Sale of Goods.

If any provision of these Terms are found to be invalid or unenforceable, they will be enforced to the extent permissible and, to the extent invalid or unenforceable, such provision shall be deemed modified to the most limited extent necessary to be valid and enforceable, in accordance with applicable law, while still as fully as possible carrying out the intent of the original provision, and the remainder of these Terms will remain in full force and effect.

Failure by Kurbo to prosecute any right with respect to a default hereunder will not constitute a waiver by Kurbo of the right to enforce rights with respect to the same or any other breach.

Singapore Legal Issues (for Singapore residents only)

  1. Singapore laws

    For the purposes of compliance with Singapore laws, including the Civil Law Act, Chapter 43 of Singapore, the General Section above shall be read in conjunction with this Section entitled “Singapore Legal Issues (for Singapore residents only)” (“Singapore Section”). In the event of any inconsistency between this Singapore Section and the General Section above, this Singapore Section shall prevail.

  2. Legal Capacity and Consent
    1. Children under the age of 13 (“Children” or “Child”) and teens aged between 13 to 17 (“Teens” or “Teen”) are prohibited from using the Services without the verified consent of their parent or guardian.
    2. In respect of every user who is a Child, each parent/guardian is required to (i) register and enter into this End User License Agreement with us on the Child’s behalf and (ii) provide consent to our collection, use and/or disclosure of the Child’s personal data.
    3. In respect of every user who is a Teen, each parent/guardian is required to register and enter into this End User License Agreement with us on the Teen’s behalf; however, the Teen shall be entitled to provide consent to our collection, use and/or disclosure of the Teen’s personal data.
    4. In respect of every user who is an individual aged 18 and above, he/she may (i) register and enter into this End User License Agreement with us and (ii) provide consent to our collection, use and/or disclosure of his/her personal data.

Bermuda Legal Issues (for Bermuda residents only)

  1. Bermuda laws

    or the purposes of compliance with Bermuda laws, including the Minors Act 1950, the General Section above shall be read in conjunction with this Section entitled “Bermuda Legal Issue (for Bermuda residents only)” (“Bermuda Section”). In the event of any inconsistency between this Bermuda Section and the General Section above, this Bermuda Section shall prevail.

  2. Legal Capacity and Consent
    1. Children and teenagers under the age of 18 (“Minor” or “Minors”) are prohibited from using the Services without the verified consent of their adult parent or guardian and compliance with the registration requirement set out in paragraph B(2) below by the adult parent or guardian of the Minor.
    2. In respect of every user who is a Minor, each adult parent/guardian is required to (i) register and enter into this End User License Agreement with us on the Minor’s behalf and accordingly become legally bound by the terms and conditions of General Section in his/her personal capacity; and (ii) provide consent to our collection, use and/or disclosure of the Minor’s personal data for the purpose of our Privacy Policy.
    3. In registering each Minor, the adult parent/guardian shall be deemed to directly and personally accept, assume and pay all obligations and liabilities of the Minor under the General Section as a user to Kurbo as a primary obligor, including but not limited to the “Indemnification” provision in the General Section.

Contact Us

You may contact us at:
Kurbo Terms Administrator
301 Howard, 15th Floor
San Francisco, CA 94105
terms@kurbo.com

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Kurbo Privacy Policy

Effective Date: December 18, 2019

General Section

Kurbo Inc. (“Kurbo,” “we,” “us,” or “our”) provides a family-based healthy lifestyle coaching service designed to help empower young people, with the support of their parents, to develop healthy eating and activity habits. This service does not provide medical advice, and is not intended to be a replacement for discussion with your healthcare provider. We also urge young people aged 13 to 17 years of age (“Teens”) to discuss their weight-loss goals and concerns with their parents. While Teens may register for Kurbo on their own, parents or guardians of young people under the age of 13 (“Child” or “Children”) must register their Child directly and verify their consent for their Child to participate in Kurbo. Children cannot register for Kurbo on their own.

Kurbo is committed to your privacy and the protection of information you may entrust to us. This privacy policy (“Privacy Policy” or “Policy”) explains how information is collected, used, and disclosed by Kurbo in connection with your use of our websites, online services, and mobile application that link to this Privacy Policy (each a “Service”; collectively, “Services”), and, for parents/guardians of Children and Teens, how we will communicate with you.

Each time you use any Service, you consent to our collection, use, and/or disclosure of your (or your Child or Teen’s) personal information as described in this Privacy Policy. Each time you allow others to use any Service via your account, you confirm that you have the right to consent on their behalf to our collection, use, and disclosure of their information as described in detail below. Accordingly, we urge you to read this Privacy Policy in full, as well as our Terms of Service, and contact us privacy@kurbo.com if you have any questions.

We market and sell our products to adults and Teens who purchase or otherwise use our Services. Our Services can then be used by Children at the direction and under the supervision of a parent or guardian. We respect all of our users’ privacy, but we recognize the need to provide additional privacy protections with respect to the personal information we collect from children under 13 pursuant to the United States’ Children’s Online Privacy Protection Act of 1998 (“COPPA”). Accordingly, our privacy practices with respect to children under 13 are set forth below in our Children’s Privacy Policy.

  • A special note to Children: If you are under 13, please get a parent or legal guardian to sign you up for our Services
  • A special note to parents: Please help us protect your Children’s privacy by instructing them never to volunteer their personal information online without your permission.

From time to time, we may need to update this Policy. Any changes to this Privacy Policy will be prominently posted on this site, and we will update the effective date to this Policy. Your use of the services after the effective date will constitute your consent to the updated Privacy Policy.

Information We Collect and How We May Use It

Throughout this Privacy Policy, we use the term “Personal Information” to describe information that can be used to directly or indirectly contact or identify you, such as your full name, home or other physical address, email address, and telephone number. Personal Information also includes anonymous information that is linked to information that can be used to directly or indirectly contact or identify you. Personal Information does not include information that has been made anonymous or aggregated so that it can no longer be used, whether in combination with other information or otherwise, to contact or identify you.

We use the term “Non Personal Information” to describe information that cannot be used to directly or indirectly contact or identify you and that is not linked to information that can be used to directly or indirectly contact or identify you. Non Personal Information includes passively collected information about your activities on our Services, such as usage data, to the extent that information is not linked to your Personal Information. This Privacy Policy does not limit our use of any Non Personal Information, and we reserve the right to use and disclose such information to third parties at our discretion.

We limit the collection of Personal Information from users of our service, including Children or Teens where a parent or guardian has completed our sign up process, to only that which is reasonably necessary to provide and/or improve our service. We use the Personal Information that we collect in order to provide you with our Service, enhance your experience, improve our Services, communicate with you regarding the Service, monitor and ensure the security and integrity of the Service, investigate, prevent or take action related to illegal activities or violations of our Terms of Service or this Privacy Policy, aggregate non-identifiable information for research and development purposes, and provide you with customized content, offers and marketing messages from Kurbo in relation to the Service. parental consent for Children, demographic information about you and your family such as age, sex and number of family members to personalize the service and coaching, personal wellness and nutrition information necessary for the provision of the services, including height and weight information as well as information about food and exercise choices, and other information you may provide from participation in our interactive features such as quizzes and games.

We may also collect your location information in order to provide you with location based features, such as locating healthy foods near you, or to send location-aware messages and information.

If you enroll in our coaching program, we record some coaching sessions for purposes of maintaining quality and internal training purposes. These recordings are not used for marketing, and are treated consistent with our Privacy Policy as outlined below. or interact through video chat with our coaches.

The personal information we have for your account will be available on your account for you to review, update or delete information in that account. If the user is a Child, the parent or guardian that signed them up for the service will have complete access to the account to review, update or delete information. Note that deleting some information may require the deletion of the entire account.

Types of Personal Information we collect includes contact information, such as your email and mobile telephone number, which we use to contact you regarding the services and to send you regular notifications to facilitate participation in the Services. When you provide us with your mobile telephone number, you consent to receive SMS text messages from us. We may also collect billing information, which we may use to complete any payments you authorize for feebased services and to verify parental consent for Children, demographic information about you and your family such as age, sex and number of family members to personalize the Service and coaching, personal wellness and nutrition information necessary for the provision of the Services, including height and weight information as well as information about food and exercise choices, and other information you may provide from participation in our interactive features such as quizzes and games.

You may also choose to provide us with information or other content through our Service, such as by using interactive features, communicating directly with us or your paid personal coaches through messages on the Service, texts, or email. For personalized coaching, you may transmit videos or interact through video chat with our coaches.

The Personal Information we have for your account will be available on your account for you to review, update or delete information in that account. If the user is a Child, the parent or guardian that signed them up for the service will have complete access to the account to review, update or delete information. Note that deleting some Personal Information may require the deletion of the entire account.

Cookies and Other Similar Technologies

Through the use of cookies and other related technologies, we and our third party service providers also collect technical information about your use of our Services, including persistent identifiers such as your device identifier, and other information about your use of our Service so we can understand and improve our Services. We and our third party service providers use this automatically generated information, as well as other information that we or they have, to provide you with an optimal experience.

Our Personal Information collection and disclosure practices will continue to apply as described in this Privacy Policy, regardless of any “Do Not Track” signals that are sent by certain browsers. In general, Kurbo does not collect Personal Information about an individual’s online activities over time or across third-party websites or online services, and it does not permit others to do so other than as described in this Policy. You may refuse the setting of cookies by selecting the appropriate settings on your browser, including disabling all cookies from being set on that browser, however certain features of our service may not work if you disable cookies.

How We May Share Information

We will not share or disclose your Personal Information to others without your consent, except as noted in this Privacy Policy. Personal Information on the user’s weight loss goals and progress is shared with the user’s support system, including their parent or guardian, and their paid personal coach through the Coaches Portal. Paid personal coaches have full access to all program data through the coach’s portal to provide personalized coaching services, if you choose to engage the personalized coaching services. We may also enable users to send a summary report of progress to their personal physician/pediatrician.

We may share information with our carefully chosen third party service providers and business partners to provide these services and as otherwise disclosed in this Policy. We do not, however, share information of Children with any third parties for third parties’ marketing purposes.

We may also share your Personal Information without consent when the disclosure is required by law or regulation, or when it is necessary to comply with law, or a legal request such as a court order, search warrant, or subpoena. We may also access, preserve, or share your Personal Information if it is necessary to detect, prevent, or address fraud and other illegal activity or to protect the safety, property or rights of Kurbo or others. Information may also be shared with a third party as the result of a corporate sale, restructuring, bankruptcy or transfer of assets, but we do not otherwise sell or rent Personal Information collected through our services. You acknowledge and consent that such transfers are permitted by this Privacy Policy, and that any acquirer of ours or that acquirer’s affiliates may continue to collect and use your Personal Information as set forth in this Privacy Policy.

Although it is not required nor do we undertake to do so in every circumstance, in the event that a user discloses, or a coach observes, activities that present a concern for the safety or wellbeing of the user, such as rapid weight loss or gain or other unhealthy weight loss practices, mental health issues, or physical or mental abuse, Kurbo may alert the parent or guardian and/or other authorities and disclose relevant Personal Information as Kurbo, in its sole discretion, deems necessary or otherwise appropriate.

Transfer of Personal Information

Our Services operate under, and are subject to, United States laws, and any information you provide under these Services will be processed in the United States. Do not use these Services if you do not agree to the transfer and processing of your data in the United States.

Security

Kurbo endeavors to protect your Personal Information through the use of certain technical and organization security safeguards. However, no server or transmission on the internet or electronic database can be guaranteed to be secure, and therefore any activity on or through our Service is conducted at your own risk

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CHILDREN’S PRIVACY POLICY

Kurbo is respectful of the privacy rights of all of our users, and recognizes the need to provide additional privacy protections with respect to the Personal Information we collect from Children. This Children’s Privacy Policy explains our information collection, use, disclosure, and parental consent practices with respect to the Personal Information we collect from Children, and it is a part of and uses terms that are defined in our general Privacy Policy set forth above.

This Children’s Privacy Policy will control over any conflicting provisions in our general Privacy Policy. All references to the terms “parent” or “parental” shall include parents and legal guardians.

Information We Collect About Children

Account Creation

As described in our general Privacy Policy set for above, we do not allow Children to sign up for our Services, or purchase or otherwise subscribe to any Service: Our account creation feature is intended strictly for adult and Teen users, and we take measures to prevent Children from submitting Personal Information to our Service in this manner.

A parent user may open a Kurbo account for a Child by creating an account with login credentials for that Child on our website, or creating an anonymous child account for that Child on our mobile app that may be accessed only through the parent’s login credentials. We will not use login credentials provided for a Child at account creation for any purposes other than authenticating the Child’s login and facilitating the Child’s access to the Services. Moreover, all new users must read and accept Kurbo’s Direct Notice to Adults, Parents, & Guardians, this Privacy Policy, and our Terms and Conditions before registering an account.

We may collect certain types of Personal Information about Children from parents during the registration process, including the Child’s contact information, such as an email and mobile telephone number, which we may use to contact the Child regarding the Services and to send the Child regular notifications to facilitate participation in the Services. We may also collect from parents a Child’s first and last name and demographic information about the Child (e.g., age, sex, and number of family members) to personalize the Service and personal coaching sessions.

Personal Information We Collect From Children

We do not knowingly collect, use, disclose, or store any Personal Information from Children unless we have obtained prior verifiable parental consent. In any instance where we collect Personal Information from a Child, we will not require a Child to disclose more information than is reasonably necessary to participate in our Services. In the event that we discover that we have inadvertently collected Personal Information from a Child in a manner inconsistent with COPPA’s requirements, we will block the Child until we obtain parental consent to the Child’s use of the Services, and, if unsuccessful, we will delete the Child’s Personal Information. If you believe that we might have collected Personal Information from your Child without consent, please contact us at privacy@kurbo.com.

Persistent Identifiers

As described in our general Privacy Policy set for above, Kurbo may receive and record certain technical information from browsers as a Child user uses our Services, such as a device ID. We collect and use this information solely for internal support purposes. When we collect this information, we combine it with other Non Personal information submitted by the Child user’s browser, such as requests for to view a video from the server. We compile this information to create access logs, which we analyze to determine trends, such as which videos are watched the most. We do not link the technical information that we automatically collect to any Personal Information that we collect, and our access logs do not contain any information that can be uniquely associated with any particular IP address or Personal Information an individual user.

Kurbo will not use or retain any such Personal Information collected from Children to track a Child user across other websites or mobile applications.

Video or Audio Recordings

As described in our general Privacy Policy above, Kurbo also records some paid personal coaching sessions for purposes of maintaining quality and internal training purposes. These recordings are not used for any other purposes, including marketing.

Name, Health, Food, and Activity Information

We may collect your Child’s first and last name, as well as personal wellness and nutrition information, including height, weight, and food and activity choices, during your Child’s use of Kurbo, which we use solely to provide the Kurbo service.

Parental Consent to Collect Personal Information From Children

In the event Kurbo seeks to collect the Personal Information outlined above from a Child, we provide parental notice and seek verifiable parental consent via an affirmative consent screen that must be filled out by the parent during account creation. In our Direct Notice to Adults, Parents, and Guardians (“Direct Notice”), we describe what Personal Information we collect from Children, how we collect it, how we use it, how we disclose it, how the parent can consent to collection of such information, and parental rights over such information. This screen contains a consent box the parent must affirmatively click to acknowledge having read and accepted these privacy practices before the parent or Child may use our Services. We may choose to use other acceptable methods of obtaining verifiable parental consent, as the law permits or circumstances require.

How We Share the Personal Information We Collect

We will not share any Personal Information for Children collected through our Services with third parties, except as described below. We do not share Children’s Personal Information with third parties for marketing purposes. We may share Personal Information for Children with thirdparty service providers only if necessary for them to perform services on our behalf, including (without limitation) service providers who provide email services or other support of our internal operations.

We may share Personal Information with our parent company. If we enter into a business transition such as a merger, consolidation, acquisition, reorganization, liquidation, or dissolution, the Child’s Personal Information may be among the assets we transfer. You acknowledge and consent that such transfers are permitted by this Policy, and that any acquirer of ours or that acquirer’s affiliates may continue to collect and use your Personal Information as set forth in this Privacy Policy.

We also reserve the right to disclose Personal Information when required to do so by applicable law, such as in response to a court order, subpoena, legal process, or other claim or inquiry. We also may disclose Personal Information in response to a law enforcement agency’s request or where we believe it is necessary to investigate, prevent, or take action regarding illegal activities, situations involving potential threats to the rights, property, or safety of any person, or violations of our Terms of Service, to verify or enforce compliance with the policies governing our Services and applicable laws, or as otherwise required or permitted by law or legal requirements.

Parental Access to and Control Over Personal Information Collected from Children

If the user is a Child, the parent that signed them up for the service may also request access to review, update, or direct us to delete the Child’s Personal Information by contacting us at privacy@kurbo.com. You may also cancel the account to prevent any further collection or use of the Child’s Personal Information.

To exercise your parental rights, including to access or request deletion of Personal Information we have collected and maintain through the Services from your Child, simply contact us at privacy@kurbo.com and note “Parental Rights Request” in the subject line of the email. In the body of the email, please include your Kurbo Account user name and your Child’s Kurbo Account user name (if applicable), plus your contact information for verification purposes, and whether you are requesting access to your Child’s information, or if you are requesting deletion of your Child’s Personal Information. Note that if you request deletion, your Child’s user account will be terminated.

How We Protect Children’s Information

We use reasonable technical, administrative, and physical security measures designed to safeguard and help prevent unauthorized access to all information we collect through our Services, maintain data security, and correctly use the information we collect. These measures include, but are not limited to, the use of encryption, physical access controls, and information access controls.

Please be aware that, despite our best efforts, no security measures are perfect or impenetrable. We cannot guarantee or warrant the security of any information disclosed or transmitted to us on or through the Services and cannot be responsible for the theft, destruction, loss, or inadvertent disclosure of the information we receive.

Country Specific Section

California Privacy Rights

The California “Shine the Light Law,” California Civil Code Section 1798.83, permits California residents to request and obtain once a year, free of charge, information about the personal information (if any) we disclosed to third parties for direct marketing purposes in the preceding calendar year. If applicable, this information would include a list of the categories of personal information that was shared and the names and addresses of all third parties with which we shared information in the immediately preceding calendar year. California residents may make such a request in writing by emailing privacy@kurbo.com with your name and address, and noting “California Shine the Light Request” in the subject line of the email.

Canada Privacy Rights (For Canadian residents only)

  1. Marketing

  2. Canadian users will have an opportunity to opt-in to having their personal information used or disclosed to third parties for marketing or promotional purposes. At all times, a Canadian user would also be able to opt-out of such uses or disclosures.

  3. Emergency Disclosures

  4. Although it is not required nor do we undertake to do so in every circumstance, in the event that a user discloses, or a coach observes, activities that present an emergency for the safety or wellbeing of the user, such as rapid weight loss or gain or other unhealthy weight loss practices, mental health issues, or physical or mental abuse, Kurbo may alert the parent or guardian and/or other authorities and disclose relevant personal information as Kurbo, in its sole discretion, deems necessary or otherwise appropriate.

Singapore Privacy Rights (For Singapore residents only)

  1. Singapore Laws

  2. For the purposes of compliance with Singapore laws, including the Personal Data Protection Act 2012 of Singapore (the “PDPA”), the General Section above shall be read in conjunction with this Section entitled “Singapore Privacy Rights (For Singapore residents only)” (“Singapore Section”). In the event of any inconsistency between this Singapore Section and the General Section above, this Singapore Section shall prevail.

  3. Consent
    1. Parents or guardians of Children, as well as of any teen aged between 13 to 17 (“Teen”) must register their Child or Teen directly and verify their consent for their Child or Teen to participate in this service. We may also collect your billing information, which we may use to complete any payments you authorise for feebased services and to verify parental consent for Children and Teens. If the user is a Child or Teen, the parent or guardian that signed them up for the service will have complete access to the account to review, update or delete information, or cancel the account to prevent ant further collection or use of the Child’s or Teen’s information, in the manner described in the "Children's Privacy Rights" subsection under the General Section above.

    2. By using our service, you consent to our collection, use and disclosure of your personal data (and if applicable, the personal data of your Child or Teen) in accordance with this Privacy Policy. Notwithstanding that consent to our collection, use and/or disclosure of personal data has been provided by a Teen, we reserve the right to deem such consent withdrawn in the event that a parent/guardian to the Teen notifies us, in accordance with paragraph 2.3 below, that the parent/guardian is withdrawing consent to such collection, use and/or disclosure.

    3. Notwithstanding anything to the contrary in this Policy, you may withdraw your consent to our collection, use and/or disclosure of your personal data (or if applicable, the personal data of your Child or Teen) at any time by sending us an email at the address below notifying us your decision to withdraw your consent.

    4. You consent and acknowledge that the transfer of your personal data (and if applicable, your Child's or Teen’s personal data) to, and/or the processing of your personal data (and if applicable, your Child or Teen’s personal data) in, the United States is necessary for the performance of our service and the agreement between us.
  4. Access/Disclosure Request
    1. We may share your information (and if applicable, information of your Child or Teen) without consent when the disclosure is required by law or regulation or when it is necessary to comply with law, or a legal request such as a court order, search warrant, or subpoena or a request from a Singapore regulatory authority.

    2. Subject to any applicable access exemptions or restrictions under the PDPA, we will, as soon as reasonably possible from the date of your request, provide you with information about the ways in which your personal data (and if applicable, your Child or Teen’s personal data) has been or may have been used or disclosed by us within a year before the date of the request. If we are unable to do so within 30 days after receiving the request, we will within that timeframe inform you in writing of the time by which we will respond to the request.

    3. For the purposes of paragraph 3.2, you may make such a request in writing by emailing privacy@kurbo.com with your name and address, and noting “Singapore Privacy Rights Request” in the subject line of the email.
  5. Health Promotion Board (HPB) Consent
    1. If HPB is paying for the program, you consent that to improve HPB’s initiatives and for the benefit of your child and many other students in future, yours and your child’s data, including but not limited to height and weight measurements, questionnaire responses and data obtained from the Kurbo Programme may be collated, used and disclosed to HPB, schools and healthcare institutions for education and research purposes. The data shared will not contain any personal identifiers (e.g. name, address, etc.). However, specified HPB employees may have access to such personal data directly as part of auditing and managing the programme.

Questions and information

If you have any questions regarding our collection, use, and disclosure of Personal Information, including Personal Information from Children, you may contact us at:

Kurbo Privacy Administrator
301 Howard, 15th Floor
San Francisco, CA 94105
800-444-7158
privacy@kurbo.com

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