Collection and Use of Personal Information

To enable us to provide quality services to you, we need to collect anonymous and Personal Information about you. “Personal Information” means any information concerning the personal or material circumstances of an identified or identifiable individual. We collect Personal Information through your use of the Software and related services such as the VitalSfera  Activity Tracking Devices (hardware devices distributed by VitalSfera  which can be connected with our services) and information you provide related to your use of the website and mobile applications (e.g. through the use of cookies).


Your Personal Information includes, but is not limited to, your:


·       contact Information, such as your name, address, e-mail address, phone number provided by your employer, or which you provide when you enroll as a user of the website, upload or submit activity information or any material via the website or request any information;

·       Email address in connection with your account sign-in facility;

·       gender and age when you enroll and in connection with your account profile;

·       information collected through the use of our software and related services about your health, fitness and related activities including technical information from your fitness device;

·       record of your participation in activities and challenges and your rewards;

·       information you post in the form of comments or contributions to discussions; and

·       communications you send us to submit queries or comments regarding the website or its content.

You are under no obligation to provide any Personal Information to us at any time. However, if you should choose to withhold specific information, we may be unable to provide you with certain services.

We will use your Personal Information only for the purpose of providing our services to you including to:



·       administer your account with us;

·       identify you when you sign-in;

·       track your program progress, determine your eligibility for rewards, as well as provide you with information that you may find helpful;

·       analyze on an anonymous, aggregated data basis the use of the website and the people visiting in order to improve our content and services including research into our users demographics; and send you information which you have requested from us.


Push Notifications


We send you push notifications on your device from time-to-time in order to provide you with in-product reminders and notifications. If you no longer wish to receive these types of communications, you may turn them off at the device level.


Informational E-mails


VitalSfera  may send you e-mails or newsletters with information and offers about the VitalSfera  platform and services. You can opt out of such communications free of charge at any time by updating the ‘my profile’ section of the website, or by sending an e-mail to


Additional Information


When you visit the website we may automatically collect additional information such as the type of internet browser or mobile device you use, your IP address (the unique address that identifies your device on the internet) and the operating system of your device which is automatically recognized by our web server. We use this information to derive a broad, non-specific understanding of the locations from which you are accessing our services, to analyze trends, administer the site, track users’ movements around the site, and to gather demographic information about our user base as a whole and to personalize the website to users’ preferences.


Information Sharing


In general, we will use and disclose your Personal Information to administer our services to you including, at times, disclosing your Personal Information to agents or contractors that work on our behalf and assist us in providing and supporting the services we offer through the website including processing transactions, fulfilling requests, analyzing data, or helping us to communicate with our members. We may also disclose your Personal Information if you have expressly consented to this.


In addition, we may use your Personal Information, in connection with your participation in our services and your possible participation in other third-party provided wellness  services (“Third Party Providers”) that may be offered to you by us, your employer or entities with which your employer contracts, for the following general purposes:


to coordinate enrollment in, enhancement of your experience, and education about, the services available to you through our platform such as a Health Risk assessment or any related wellness services provided by a Third Party Provider,

to ensure that you receive appropriate rewards (Vitalis) for participation in our services and other similar services provided by your employer or entities that contract with your employer,

to evaluate the overall quality and effectiveness of the program(s) in which you may participate; and

to assess your eligibility for other programs that your employer, or contractors on behalf of your employer, may offer.

To the extent you participate in any wellness challenges or competitions that we sponsor, please be aware that your name and performance information will be available to other wellness challenge or competition participants and to your employer.


Except as described in this Privacy Policy, we will not sell, rent, or make available your Personal Information to third parties without your permission.

Unless in using the website or mobile applications you expressly or impliedly agree to make certain information available, all Personal Information which we collect is kept confidential to the best of our ability, subject to the other terms and conditions of this Privacy Policy. In addition, our employees and contractors who provide services related to our website or mobile applications are obliged to respect the confidentiality of any Personal Information held by us. Our employed staff and contractors are authorized to use your Personal Information only as necessary to provide these services to us.


In the event that we undergo re-organization or are sold to a third party, any Personal Information we hold about you may be transferred to that re-organized entity or third party in accordance with applicable law. You acknowledge that such acquisitions may occur, and that any acquirer of VitalSfera  or its assets may continue to use your Personal Information as set forth in this Privacy Policy.


VitalSfera  may disclose your Personal Information (a) if legally entitled or required to do so (for example if required by law or by a court order or other judicial or administrative proceeding, (b) as otherwise required under any applicable law, rule, or regulation, and (c) if we believe, in good faith, that such disclosure is necessary to protect or defend our rights or those of others or to assist in the investigation or prevention of illegal activity.


The website makes message boards and messaging forums available to its members. Any information that is disclosed in these areas may become public information and you should exercise caution when using these and disclosing your Personal Information.




Upon request we will provide you with information about whether we hold any of your Personal Information. If your Personal Information changes or is incorrect or outdated, you may correct, update, or amend it by making the change through the ‘my account’ section of the website. If you no longer desire our service, please contact our Member Services department.  We will respond to your request to within 30 days.







The EU General Data Protection Regulation (GDPR)


In May 2018, a new data privacy law known as the EU General Data Protection Regulation (or the "GDPR") becomes effective. The GDPR requires Us and Organizers using the Service to provide Users with more information about the processing of their Personal Data.

Here is what you need to know:

Legal grounds for processing your Personal Data


The GDPR requires us to tell you about the legal ground we're relying on to process any Personal Data about you. The legal grounds for us processing your Personal Data for the purposes set out in this Section above will typically be because:


• you provided your consent;

• it is necessary for our contractual relationship;

• the processing is necessary for us to comply with our legal or regulatory obligations; and/or

• the processing is in our legitimate interest as an event organising and ticketing platform (for example, to protect the security and integrity of our systems and to provide you with customer service, etc.).


Transfers of Personal Data


As we are a global company, we may need to transfer your Personal Data outside of the country from which it was originally provided. This may be intra-group or to third parties that we work with who may be located in jurisdictions outside the EEA, Switzerland and the UK which have no data protection laws or laws that are less strict compared with those in Europe.


Whenever we transfer Personal Data outside of the EEA, Switzerland or the UK, we take legally required steps to make sure that appropriate safeguards are in place to protect your Personal Data.


Personal Data retention


We retain your Personal Data for as long as necessary to provide you with our Services, or for other important purposes such as complying with legal obligations, resolving disputes, and enforcing our agreements.

If you have an account with us, we will typically retain your Personal Data for a period of 90 days after you have requested that your account is closed or if it's been inactive for 5 years.


Your rights.


Data protection law provides you with rights in respect of Personal Data that we hold about you, including the right to request a copy of the Personal Data, request that we rectify, restrict or delete your Personal Data, object to profiling and unsubscribe from marketing communications.

For the most part, you can exercise these rights by logging in and visiting the My Profile page.

If you have a complaint about how we handle your Personal Data, please get in touch with us.


We as a data controller and a data processor


EU data protection law makes a distinction between organizations that process Personal Data for their own purposes (known as "data controllers") and organizations that process personal data on behalf of other organizations (known as "data processors"). If you have a question or complaint about how your Personal Data is handled, these should always be directed to the relevant data controller since they are the ones with primary responsibility for your Personal Data.




We may act as either a data controller or a data processor in respect of your Personal Data, depending on the circumstances.

For example, if you create an account with us a Corporation to organize a Corporate Wellness challenge, we will be a data controller in respect of the Personal Data that you provide as part of your account. We will also be a data controller of the Personal Data that we have obtained about the use of the Applications or Properties, which could relate to third parties.


However, if you register for an event as a Participant (employee), we will process your Personal Data to help administer that event on behalf of the Corporation or Organizer (for example, sending confirmation or processing registration or engagement emails, etc.) and to help the Corporations’s workforce, and understand the success of, their event (for example, providing event reports, etc.). In these circumstances, we merely provides the "tools" for Corporations or Organizers; we does not decide what Personal Data to request on registration forms, nor is it responsible for the continued accuracy any Personal Data provided. Any questions that you may have relating to your Personal Data and your rights under data protection law should therefore be directed to the Cororation or Organizer as the data controller, not to us.


Anonymous Information


We may create “Anonymous Information” records from the Personal Information records by excluding your Contact Information, or excluding any other information that could link the Anonymous Information back to you. We may use this Anonymous Information for internal purposes, such as analyzing patterns in the program usage, so that we may enhance the services. We reserve the right, subject to applicable law, to use and disclose any Anonymous Information at our discretion. For example, upon request by your employer, we may share Anonymous Information with other partnering organizations for purposes of research and program analysis. You are welcome to request the names of such partnering organization from us at any time. We use this Anonymous Information to analyze and understand demographics trends, customer behavior patterns and desires, and information that may enrich the content and quality of our member programs.


If you are a member of the VitalSfera  program we may (a) share Anonymous Information with your employer in an anonymous aggregated or group format, and (b) provide your Personal Information in an anonymous aggregated or group format to third parties (“Analytics Processors”) that process that Personal Information to generate Anonymous Information and analytical information related to that Anonymous Information to be shared with your employer. Your employer will not be able to use such Anonymous Information to directly identify you. Your employer may use this Anonymous Information in its discretion, including to evaluate the program overall as well as provide additional benefits, programs, and services. The Analytics Processors do not have any independent right to use your Personal Information except to provide services to generate the Anonymous Information and analyze the information to generate general analytical information. You are welcome to request the names of such Analytics Processors from us at any time.




Technologies such as cookies, beacons, tags, scripts and other similar technologies are used by us and our service providers, technology partners or other 3rd party assets. These technologies are used to help administer the site, identify the total number of users, measure traffic patterns for research purposes, personalize or customize content so that a user’s preferences can be “remembered” when they return to the site, and to better manage content.


The website also uses cookies or similar technology to collect information about member’s access to the website.


Cookies are pieces of information that include a unique reference code that a website transfers to your device to store and sometimes track information about you.  A number of cookies the website uses last only for the duration of your session on the website and expire when you close your browser.  Other cookies are used to remember you when you return to the website and will last for longer.


We use cookies to:


·       remember that you have used the website before; this means we can identify the number of unique visitors we receive and manage capacity;

·       allow you to navigate the website more quickly and easily;

·       remember your login session as you move from one page to another within the website;

·       store your settings and preferences;

·       customize parts of the content of the website to reflect your targets and awards; and

·       collect statistical information about how you use the website so that we can improve the website and our content.

Some of the cookies used on the website are set by us and some are set by third parties who are delivering services on our behalf.