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.

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