TERMS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE SITE.

Welcome to www.superbetter.com, a SuperBetter Labs, Inc. (“SuperBetter”) web site for the SuperBetter online game (the “Site”). By using the Site, you signify your assent to these Terms and Conditions of Use (“Terms”). If you do not agree to all of these Terms, do not use the Site.

SuperBetter may revise and update these Terms at any time. Your continued usage of the Site will mean you accept those changes.

The Site Does Not Provide Medical Advice

The contents of the Site, such as text, graphics, images, videos, communications, information obtained from SuperBetter’s licensors, and other material contained on the Site (“Content”) are for informational and educational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Site.

If you think you may have a medical emergency, call your doctor or 911 immediately. SuperBetter does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on the Site. Reliance on any information provided by SuperBetter, SuperBetter employees, others appearing on the Site at the invitation of SuperBetter, or other visitors to the Site is solely at your own risk.

The Site may contain health or medical related materials that are sexually explicit. If you find these materials offensive, you may not want to use the Site.

Ability to Accept Terms

Due to the nature of the internet, we cannot prohibit minors from visiting the Site. If you are a minor, your acceptance of these Terms must be through a parent or lawful guardian. We have the right to presume that you have lawfully represented your capacity to accept these Terms whether directly or through a parent or guardian.

Children's Privacy

We are committed to protecting the privacy of children. You should be aware that the Site is not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we actually know is a child under the age of 13.

Use of Content

SuperBetter authorizes you to view the material on the Site solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © 2011, SuperBetter, Inc. All rights reserved” and other copyright and proprietary rights notices that are contained in the Content. Any special rules for the use of certain software and other items accessible on the Site may be included elsewhere within the Site and are incorporated into these Terms by reference.

The Content is protected by copyright under both United States and foreign laws. Title to the Content remains with SuperBetter or its licensors. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of SuperBetter. All rights not expressly granted herein are reserved to SuperBetter and its licensors.

If you violate any of these Terms, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of SuperBetter and its Licensors

The use of the Site and the Content is at your own risk.

When using the Site, information will be transmitted over a medium that may be beyond the control and jurisdiction of SuperBetter and its suppliers. Accordingly, SuperBetter assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Site.

The Site and the Content are provided on an “as is” basis. SUPERBETTER, ITS LICENSORS, AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF. Without limiting the foregoing, SuperBetter, its licensors, and its suppliers make no representations or warranties about the following:

  1. The accuracy, reliability, completeness, currentness, or timeliness of the Content or software provided by SuperBetter on or through the use of the Site; or
  2. The satisfaction of any government regulations requiring disclosure of information on prescription drug products, medical procedures or medical devices or the approval or compliance of any software tools with regard to the Content contained on the Site.

In no event shall SuperBetter, its licensors, its suppliers, or any third parties mentioned on the Site be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not SuperBetter, its licensors, its suppliers, or any third parties mentioned on the Site are advised of the possibility of such damages. SuperBetter, its licensors, its suppliers, or any third parties mentioned on the Site shall be liable only to the extent of actual damages incurred by you, not to exceed the amount paid by you for the services in question during the six (6) month period prior to when such claim arose. SuperBetter, its licensors, its suppliers, or any third parties mentioned on the Site are not liable for any personal injury, including death, caused by your use or misuse of the Site, Content, or Public Areas (as defined below). Any claims arising in connection with your use of the Site, any Content, or the Public Areas must be brought within one (1) year of the date of the event giving rise to such action, otherwise, such claim will be permanently barred. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms.

User Content

The personal information you submit to SuperBetter through the Site is governed by the SuperBetter Privacy Policy (www.superbetter.com/page/privacy). To the extent there is an inconsistency between these Terms and the SuperBetter Privacy Policy, these Terms shall govern.

You agree that you will not upload or transmit any materials, communications or content of any type (including, without limitation, videos, blogs, message boards and postings) (collectively, “User Content”) that infringe or violate any rights of any party. By submitting User Content of any kind, you agree that you have the right to submit such User Content and that such User Content is non-confidential for all purposes. You agree that you will be solely responsible for all User Content that you submit to the Site, including the consequences of posting or publishing such User Content.

You also agree that you will not send or transmit to SuperBetter by email (including through the email addresses listed on the “Contact Us” link) any User Content that infringes or violates any rights of any party. If you submit any business information, idea, concept or invention to SuperBetter by email, you agree such submission is non-confidential for all purposes.

If you submit any User Content that includes any business information, idea, concept or invention to SuperBetter by email, you automatically grant or warrant that the owner of such User Content has expressly granted SuperBetter a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display the User Content in any media or medium, or any form, format, or forum now known or hereafter developed. SuperBetter may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary, do not submit them to the Site or to SuperBetter by email. We try to answer every email in a timely manner, but are not always able to do so.

SuperBetter does not endorse any User Content or any opinion, recommendation, or advice expressed therein, and SuperBetter expressly disclaims any and all liability in connection with such User Content. SuperBetter reserves the right to review all User Content prior to posting it on the Site and to remove any User Content for any reason, at any time, without prior notice, at our sole discretion.

To protect your privacy, you agree that you will not submit any User Content that contains Personally Identifiable Information (like name, phone number, email address or web site URL) of you or of anyone else. Uploading media such as images or video of other people without their permission is strictly prohibited.

Passwords

SuperBetter has several tools that allow you to record and store information. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your SuperBetter passwords or accounts. It is your sole responsibility to (1) control the dissemination and use of activation codes and passwords; (2) authorize, monitor, and control access to and use of your SuperBetter account and password; and (3) promptly inform SuperBetter of any need to deactivate a password. You grant SuperBetter and all other persons or entities involved in the operation of the Site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the Site. SuperBetter cannot and does not assume any responsibility or liability for any information you submit, or your or third parties’ use or misuse of information transmitted or received using SuperBetter tools and services.

Paid Services

If you choose to purchase any of SuperBetter’s paid services (the “Paid Services”), the following additional terms and conditions will apply depending on which service you choose. If you are a minor, you must purchase the Paid Services through a parent or lawful guardian. We have the right to presume that you have lawfully represented your capacity to subscribe to a Paid Service whether directly or through a parent or guardian.

INFORMATION YOU SUBMIT: You are using the Paid Services at your own risk and you, along with your healthcare provider, are personally responsible for verifying its suitability for your needs.

CHARGES AND BILLING: The Paid Services may be available for purchase (a) on a subscription basis under which you will have access to the Paid Services for the term of the applicable subscription purchased (“Subscription Services”), or (b) on a perpetual basis under which you will have access to the Paid Services perpetually (i.e. permanently) (“Perpetual Services”). You are responsible for providing a valid credit card number at the time you register for a Paid Service. You represent and warrant that you are an authorized user of such credit card, and you agree to pay all charges resulting from your Paid Service account at the prices then in effect, including any unauthorized charges incurred prior to your notifying SuperBetter of such charges. You agree that SuperBetter may pass your credit card information and related personally identifiable information to its designated service provider(s) for their use in charging you for appropriate services utilized through your account. All Paid Service charges are exclusive of sales or other taxes and you are responsible for payment of any applicable state, local and city taxes. SuperBetter reserves the right to modify or terminate membership plans, change prices, or institute new charges for any Subscription Service at any time with at least thirty (30) days’ notice.

MEMBERSHIP TERM AND PRICING: With the exception of trial memberships and special offers, the membership term for a Subscription Service is determined by the level of membership you choose. Unless specified otherwise, your membership to a Subscription Service is automatically renewed following your initial membership period on a monthly basis. You are responsible for all associated monthly renewal fees until notice of cancellation is received by SuperBetter for the applicable Subscription Service.

CANCELLATION: If you cancel your Perpetual Service at any time, you will not receive a refund. If you cancel your Subscription Service during your initial membership period, you will not receive a refund for that period. After the initial membership period for a Subscription Service, you are financially responsible for the monthly membership fee until you notify SuperBetter that you are canceling your membership. You may cancel your membership for Subscription Services at any time after the initial membership period, and if you are charged for a Subscription Service after your cancellation for such Subscription Service occurs, you will receive a full refund of such amounts. Cancellations for Subscription Services become effective the month following the month in which they occur. A membership month begins on the calendar date (e.g., May 15th) when a member subscribes to the Subscription Service and concludes on the day before that calendar date (e.g., June 14th) the following month.

You may cancel your membership to a Subscription Service as follows:

  • By email: send an email to contact@superbetter.com from the email account you submitted when registering for the Subscription Service and indicate within the body of the message your intent to cancel. Be sure to include your first and last name and user name.
  • By U.S. mail: send a brief letter, including your first and last name, user name and email address, and mail it to: SuperBetter Customer Service, Attn: Subscription Services, 870 Market Street, Suite 1000, San Francisco, CA 94102.
  • By telephone: dial 415-986-3273. You will be asked to provide your first and last name, user name, email address or other relevant identifying information.

CONTACT US: Questions or comments regarding Paid Services, including any reports of non-functioning links, should be directed by electronic mail to contact@superbetter.com or via U.S. mail to SuperBetter Customer Service, Attn: Paid Services, 870 Market Street, Suite 1000, San Francisco, CA 94102. We try to answer every email in a timely manner but are not always able to do so.

Public Areas

If you use publicly available areas of the Site (“Public Areas”), such as a chat room, message board, blog, community posting or other member communities, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. SuperBetter and its licensors are not responsible for the consequences of any communications in the Public Areas. In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately. If you think you may have a medical emergency, call your doctor or 911 immediately.

In consideration of being allowed to use the Public Areas, you agree that the following actions shall constitute a material breach of these Terms:

  1. Using a Public Area for any purpose in violation of local, state, national, or international laws;
  2. Posting material that infringes on the intellectual property rights of others or on the privacy or publicity rights of others;
  3. Posting material that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by SuperBetter in its sole discretion;
  4. Posting advertisements or solicitations of business;
  5. After receiving a warning, continuing to disrupt the normal flow of dialogue, or posting comments that are not related to the topic being discussed (unless it is clear the discussion is free-form);
  6. Posting chain letters or pyramid schemes;
  7. Impersonating another person;
  8. Distributing viruses or other harmful computer code;
  9. Harvesting or otherwise collecting information about others, including email addresses, without their consent;
  10. Allowing any other person or entity to use your identification for posting or viewing comments;
  11. Posting the same note more than once or “spamming”; or
  12. Engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Public Area or the Site, or which, in the judgment of SuperBetter, exposes SuperBetter or any of its customers or suppliers to any liability or detriment of any type.

SuperBetter reserves the right (but is not obligated) to do any or all of the following:

  1. Record the dialogue in public chat rooms.
  2. Investigate an allegation that a communication(s) do(es) not conform to the terms of this section and determine in its sole discretion to remove or request the removal of the communication(s).
  3. Remove communications which are abusive, illegal, or disruptive, or that otherwise fail to conform with these Terms.
  4. Terminate a user’s access to any or all Public Areas and/or the Site upon any breach of these Terms.
  5. Monitor, edit, or disclose any communication in the Public Areas.
  6. Edit or delete any communication(s) posted on the Site, regardless of whether such communication(s) violate these standards.

Neither SuperBetter nor its licensors have any liability or responsibility to users of the Site or any other person or entity for performance or nonperformance of the aforementioned activities.

Advertisements, Searches, and Links to Other Sites

SuperBetter may provide links to third-party web sites. SuperBetter also may select certain sites as priority responses to search terms you enter and SuperBetter may agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. SuperBetter does not recommend and does not endorse the content on any third-party websites. SuperBetter is not responsible for the content of linked third-party sites, sites framed within the Site, third-party sites provided as search results, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites. SuperBetter does not recommend or endorse any product, service, test, physician, procedure, opinion or treatment mentioned on the Site.

Indemnity

You agree to defend, indemnify, and hold SuperBetter, its managers, members, officers, employees, agents, licensors, and suppliers, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms or your use of the Site.

General

SuperBetter is based in San Francisco, California, in the United States of America. SuperBetter makes no claims that SuperBetter, the Site or the Content are appropriate or may be downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Liability, User Submissions, User Submissions including image, video, audio files, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with SuperBetter, or in any way relating to your use of the Site, resides in the courts of the State of California and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of California in connection with any such dispute including any claim involving SuperBetter or its affiliates, subsidiaries, employees, contractors, officers, managers, members, telecommunication providers, and content providers.

These Terms are governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Notice and Takedown Procedures; and Copyright Agent

If you are a copyright owner or an agent thereof and believe any materials accessible on or from the Site infringe your copyright, pursuant to the Digital Millennium Copyright Act (“DMCA”) you may request removal of those materials (or access thereto) from the Site by contacting SuperBetter’s copyright agent (identified below) and providing the following information in writing (see 17 U.S.C 512(c)(3) for further detail):

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
  3. Your name, address, telephone number and (if available) email address.
  4. A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

SuperBetter’s agent for copyright issues relating to the Site is as follows:

SuperBetter, Inc.
Attn: Top Secret Office of Privacy
870 Market Street
Suite 1000
San Francisco, CA 94102
copyright@superbetter.com

If you believe that any User Content that you submitted to the Site and was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use such User Content, you may send a counter-notice containing the following information to SuperBetter’s agent for copyright issues:

  1. Your physical or electronic signature;
  2. Identification of the User Content that has been removed or to which access has been disabled and the location at which the User Content appeared before it was removed or disabled;
  3. A statement that you have a good faith belief that the User Content was removed or disabled as a result of mistake or misidentification; and
  4. Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the appropriate federal court in California, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by SuperBetter’s agent for copyright issues, we may send a copy of the counter-notice to the original complaining party informing that person that we may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at SuperBetter’s sole discretion.

In an effort to protect the rights of copyright owners, SuperBetter maintains a policy for the termination, in appropriate circumstances, of subscribers and account holders of the Site who are repeat infringers.

Complete Agreement

Except as expressly provided in a particular “legal notice” on the Site, these Terms and the SuperBetter Privacy Policy constitute the entire agreement between you and SuperBetter with respect to the use of the Site and Content.

Thank you for your cooperation! Now go forth and get SuperBetter!

Questions or comments regarding the Site, including any reports of non-functioning links, should be submitted using our Contact Us Form or via U.S. mail to:

SuperBetter, Inc.
Top Secret Office of Privacy
870 Market Street
Suite 1000
San Francisco, CA 94102

Privacy Policy

This Privacy Policy discloses the privacy practices for www.superbetter.com, the SuperBetter, Inc. (“SuperBetter”) web site (the “Site”).

We care deeply about protecting your personal information and take great care in making sure it is kept private and secure. Subject to the terms of this Privacy Policy:

  • We will never, ever sell your personal data or personal health information.
  • Your information is securely stored and encrypted.
  • Your information is ONLY shared with people to which you have given access to your account.
  • If you have given someone access to your account, you can revoke such access at any time.

 

We will inform you of the following in this Privacy Policy:

  • What personally identifiable information of yours is collected;
  • What organization is collecting the information;
  • How the information is used;
  • With whom the information may be shared;
  • What choices are available regarding collection, use and distribution of the information;
  • What kind of security procedures are in place to protect the loss, misuse or alteration of information under our control; and,
  • How you can correct any inaccuracies in the information.

 

We urge you to read this Privacy Policy carefully. Capitalized terms used herein and not otherwise defined shall have the meanings given them in the Glossary

About this Privacy Policy and Using the Site

This Privacy Policy applies to the Site. Reference to “SuperBetter” means SuperBetter, Inc., including any company that SuperBetter, Inc. controls. SuperBetter may share information among its subsidiaries or sites that it owns or controls, but such information will be protected under the terms of this Privacy Policy.

While you may use some of the functionality of the Site without registration, many of the specific tools and services on the Site require registration. If you use the Site without registering, the only information we collect will be Non-Personal Information through the use of Cookies or Web Beacons. If you choose to register with the Site for certain paid services, we may require you to submit Personally Identifiable Information. Depending on the paid service you select, we may also collect Personal Health Information. You are responsible for ensuring the accuracy of the Personally Identifiable Information and Personal Health Information you submit to SuperBetter. Inaccurate information will affect the information you receive when using the Site and our ability to contact you as described in this Privacy Policy.

Non-Personal Information We Collect About You

A. Cookies

We collect Non-Personal Information about your use of the Site and your use of the web sites of selected sponsors and advertisers through the use of Cookies. Every computer that accesses the Site is assigned a different Cookie by SuperBetter. The information collected by Cookies may be used for the following purposes: (i) to help us dynamically generate advertising and content on web pages or in newsletters, (ii) to allow us to statistically monitor how many people are using the Site and selected sponsors’ and advertisers’ sites, (iii) to allow us to statistically monitor how many people open our emails, and (iv) to help us determine for what purposes these actions are being taken. We may use Cookie information to target certain advertisements to your browser or to determine the popularity of certain content or advertisements. Cookies may also be used to facilitate a user’s log-in, as navigation aids and as session timers. Cookies used by SuperBetter may also be used to restrict underage use of the tools and services offered on the Site.

Most browser software can be set to reject all Cookies. Most browsers offer instructions on how to reset the browser to reject Cookies in the “Help” section of the toolbar. If you reject our Cookies, certain of the functions and conveniences of the Site may not work properly but you do not have to accept our Cookies in order to productively use the Site. We do not link Non-Personal Information from Cookies to Personally Identifiable Information without your permission and do not use Cookies to collect or store Personal Health Information about you.

B. Web Beacons

We also may use Web Beacons to collect Non-Personal Information about your use of the Site and the web sites of selected sponsors and advertisers, and your use of special promotions or newsletters. The information collected by Web Beacons may be used for the following purposes: (i) to allow us to statistically monitor how many people are using the Site and selected sponsors' and advertisers' sites, (ii) to allow us to statistically monitor how many people open our emails, and (iii) to help us determine for what purposes these actions are being taken. Our Web Beacons are not used to track your activity outside of the Site or those of our sponsors. We do not link Non-Personal Information from Web Beacons to Personally Identifiable Information without your permission and do not use Web Beacons to collect or store Personal Health Information about you.

C. Third Parties Collecting Non-Personal Information on SuperBetter's Behalf

Third parties under contract with SuperBetter may use Cookies or Web Beacons to collect Non-Personal Information about your usage of the Site, and this information may used by SuperBetter to tailor the advertising you may see on sites within the networks of these third parties. This Non-Personal Information is anonymous and does not contain any personal information about you. These third parties may collect this information, on our behalf, to help us target our advertising on these third party sites. These third parties have agreed not to use this non-personal Cookie or Web Beacon information except to help us target our advertising on these sites and have agreed to not link any non-personal Cookie or Web Beacon information collected by them on the Site to Personally Identifiable Information they or others collect from other sites. If your browser is set to reject Cookies, this Non-Personal Information will not be sent to these third parties. Please read Part A of this Section for more information on rejecting Cookies

Personally Identifiable Information We Collect And How It Is Used

We will never give away, sell or share your Personally Identifiable Information except as specifically authorized by you. We collect Personally Identifiable Information, like your name, email address, date of birth, and zip code, you provide to us when you register as a member of the Site and/or when you update your member profile. We use the Personally Identifiable Information that you provide to respond to your questions, provide you the specific services you select, send you emails about Site maintenance and updates, and inform you of significant changes to this Privacy Policy.

A. Newsletters & Emails to You

At the time of registration and at various times as you use the Site, you may be given the option of receiving recurring newsletters via email from SuperBetter and/or directly from third parties. These emails will not contain Personal Health Information. When you sign up for our email newsletters or at any time, you may be given the option to Opt-In to receiving additional promotional emails from SuperBetter or our sponsors. In order to subscribe to SuperBetter newsletters via email, we need your contact information, like name and email address. We will provide an option to unsubscribe from any newsletters we may send, for example, by clicking on an “unsubscribe” link at the bottom of an email newsletter. If you experience difficulties with an automated unsubscribe service we provide, please use our Contact Us Form. We will manually unsubscribe you from that newsletter as soon as reasonably practical. In some cases, when you click on a link or an advertisement on the Site, in an email or newsletter, your browser may be momentarily directed to the web site of a third party which, acting on behalf of SuperBetter (see Disclosure to Third Party Contractor Web Sites, below), notes or “counts” your response to the email or newsletter before redirecting your browser to your selected destination; this redirection process may not be apparent to you.

B. Emails You Send to SuperBetter

This Privacy Policy does not apply to content, business information, ideas, concepts or inventions that you send to SuperBetter by email. If you want to keep content, business information, ideas, concepts or inventions private or proprietary, do not send them in an email to SuperBetter.

C. Message Boards and other Public Forums

As a service to our users, the Site may feature message boards and other public forums where users with similar interests, medical conditions or health goals can share information and support one another. We may also offer online discussions moderated by medical or healthcare experts. Any information shared (including Personally Identifiable Information and Personal Health Information) that you reveal in a chat room, message board, posting or online discussion is by design open to the public and is not a private, secure service. In addition, any videos, images or audio files you submit may be redistributed through the Internet and other media channels and may be viewed by the general public. You should think carefully before disclosing any Personally Identifiable Information or Personal Health Information in any public forum. Anything you have written, posted or uploaded may be seen, disclosed to or collected by third parties and may be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. As with any public forum on any site, this information may also appear in third-party search engines like Google, Yahoo, MSN, etc. Your account name may be displayed to other users when you engage in certain activities on the Site.

If you choose to add personal information to your account profile that is visible to other users (such as a profile picture, your name, gender or other details), such information may be accessible to the general public.

We may use third parties to manage blogs or other services provided on the Site. When you create an account with any such third party, they may share the information you have posted as necessary for us and the third party to provide continued service and to allow you to post your blogs or use such other service. Such third party will share ownership of your information as necessary to continue to implement the applicable service on the Site and as described in their privacy policy. SuperBetter will use your information as described in this Privacy Policy.

D. Paid Services

From time to time, SuperBetter may offer users the opportunity to register for paid services offered on a subscription or perpetual basis. A paid service may have its own service or member agreement that governs your use of the service and the information we collect to provide the service, including your credit card information. Any such service or member agreement will be disclosed to you at the time of registration for that paid service.

E. Children

We are committed to protecting the privacy of children. Neither SuperBetter nor any of its services are designed or intended to attract children under the age of 13. We do not collect Personally Identifiable Information from any person we actually know is under the age of 13.

F. Research & Surveys

From time to time SuperBetter, or contractors acting on its behalf, may conduct online research surveys in order to gather feedback about the Site, our sponsors and opinions on important healthcare issues, through email invitations, surveys, online focus groups and other similar methods. When participating in a survey, we may ask you to submit Personally Identifiable Information. This Personally Identifiable Information is used for research purposes, and will never be used for sales solicitations. When a survey is sponsored by a third party, Aggregate Information of the survey results is reported to the sponsor. Personally Identifiable Information collected through market research will be used only by SuperBetter and its service providers and contractors and will not be given or sold to a third party without your consent or as otherwise permitted by this Privacy Policy. For market research surveys we will not knowingly accept survey responses from or conduct interviews with any person under the age of 18. Some surveys may provide remuneration to participants such as a small cash fee for your time or an entry into a sweepstakes for a larger prize. Each survey will disclose whether or not it is a paid survey. In addition to collecting survey responses from our members, Cookies may be used to authenticate responses or to help you pick up where you left off in a survey. If you have Cookies disabled you may not be able to participate in some studies. Cookies may be used to connect survey data with Site usage characteristics. You will be notified when we would like to use Cookies in this way and your consent will be requested for these Cookies.

Information Collected by Third Parties Not Acting on SuperBetter’s Behalf

Sponsors or advertisers on the Site may use their own Cookies, Web Beacons or other online tracking technologies in the banner advertisements served on the Site and in emails, special promotions or newsletters we send you. Some advertisers use companies other than SuperBetter to serve their ads and to monitor users’ responses to ads, and these companies (“Ad Servers”) may also collect Non-Personal Information through the use of Cookies or Web Beacons on the Site. In certain situations, information collection may be facilitated by momentarily directing your browser to the web site of an Ad Server or other third party acting on behalf of the sponsor, partner, or advertiser before redirecting your browser to its selected destination (e.g., back to the Site to show the ad, or to the advertiser’s website); this redirection process will not be apparent to you.

We do not control these third parties’ use of Cookies or Web Beacons, or how they manage the non-personal information they gather through them. You should review the privacy policies of other sites you visit or link to from the Site to understand how these other sites use Cookies and how they use the information they collect through the use of Cookies or Web Beacons on their own sites. Certain Ad Servers allow you to prevent them from collecting data through the use of Cookies. In order to do so, you must Opt-Out of such data collection with each individual site.

Protecting Your Information

Except as described in this Privacy Policy or as specifically agreed to by you, SuperBetter will never disclose any Personally Identifiable Information or Personal Health Information it gathers from you on the Site. We may only release Personally Identifiable Information or Personal Health Information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena or court order; or (2) in special cases, such as in response to a physical threat to you or others, to protect property or defend or assert legal rights. In the event that we are legally compelled to disclose your Personally Identifiable Information or Personal Health Information to a third party, we will attempt to notify you unless doing so would violate the law or court order. In addition, we may disclose Personal Information as described below.

A. Disclosure to SuperBetter Operations and Maintenance Contractors

SuperBetter operations and maintenance contractors may sometimes have limited access to your Personally Identifiable Information in the course of providing products or services to SuperBetter. These contractors could include vendors and suppliers that provide us with technology, services, and/or content for the operation and maintenance of the Site. Unless you have Opted-Out of receiving emails and newsletters from SuperBetter, these contractors also may have access to your email address to send newsletters or special promotions to you on our behalf or to send emails to you for purposes such as conducting market research on our behalf. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary for the contractor to perform its limited function for SuperBetter.

B. Disclosure to Third Party Contractor Web Sites

Certain content and services offered to you through the Site may be provided by web sites hosted and operated by a company other than SuperBetter (“Third Party Contractor Web Sites”). SuperBetter will not disclose your Personally Identifiable Information to these Third Party Contractor Web Sites without your consent, but you should be aware that any information you disclose once you access these other web sites is not subject to this Privacy Policy. SuperBetter does not endorse and is not responsible for the privacy practices of these Third Party Contractor Web Sites. You should review the privacy policy posted on Third Party Contractor Web Sites to understand how that Third Party Contractor Web Site collects and uses your Personally Identifiable Information. SuperBetter will make an effort to make it obvious to you when you leave the Site and enter a Third Party Contractor Web Site. SuperBetter may also provide links to sites provided by Third Party Contractor Web Sites that have business arrangements with SuperBetter to pay commissions based on sales of products or services generated through SuperBetter.

C. Disclosure to Linked Sites

In addition to the Third Party Contractor Web Sites that you may access as described above, for your convenience the Site may contain links to Third Party Web Sites operated by companies that are not affiliated with the Site and that do not have contracts to provide content or services through the Site. These links may be found in advertisements, referenced within content, or placed beside the names or logos of sponsors. SuperBetter does not disclose your Personal Information to these Third Party Web Sites without obtaining your consent. SuperBetter does not endorse and is not responsible for the privacy practices of these sites. If you choose to link to one of these Third Party Web Sites, you should review the privacy policy posted on this other web site to understand how that Third Party Web Site collects and uses your Personally Identifiable Information.

D. Disclosure of Aggregate Information

SuperBetter may provide Aggregate Information to third parties for educational or service-related purposes. Aggregate Information does not and never will contain Personally Identifiable Information or Personal Health Information. For example, we might inform third parties regarding the number of users of the Site and the activities they conduct while on the Site. We might inform third parties (that may or may not be an advertiser on the Site) of statistical information, such as “25% of our users live in the western United States” or “15% of our users seek a second opinion before undergoing surgery.” We might also work with third parties to translate Aggregate Information into research reports. All research will be used for the specific goal of improving health, health care and wellness for individuals and communities. Depending on the circumstances, we may or may not charge third parties for this Aggregate Information.

E. Disclosure to Entities and Individuals You Designate

SuperBetter may provide your Personally Identifiable Information or Personal Health Information with individuals and entities that you designate for the purpose of sharing your information on the Site with others whom you choose. If you want to change your preferences with respect to individuals or entities to whom SuperBetter may provide your Personally Identifiable Information or Personal Health Information, select the privacy option on our Contact Us Form.

How SuperBetter Handles Privacy and Security Internally

Here are some of the security procedures that SuperBetter uses to protect your privacy:

  • Requiring both a personal username (log-in name) and a password in order for users to access their Personally Identifiable Information or Personal Health Information.
  • Requiring a public ‘nickname’ different from the username and password, used for any public forums like message boards.
  • Using firewalls to protect information held in our servers.
  • Utilizing Secure Socket Layer encryption in transmitting Personally Identifiable Information to our servers. In order to take advantage of encryption technology, you must have an Internet browser which supports 128-bit encryption.
  • Closely monitoring the limited number of SuperBetter employees who have potential access to your Personally Identifiable Information.
  • Requiring all SuperBetter employees to abide by our Privacy Policy and to be subject to disciplinary action if they violate it.
  • Backing-up our systems to protect the integrity of your Personally Identifiable Information and Personal Health Information.

SuperBetter requires you to answer security questions. We will use the answers you provide to these questions to help you in the event you forget your username or password. In order to help maintain your privacy, we require an EXACT match against what you submitted during your registration process. Correct spelling and short answers can help ensure that you will succeed with retrieving your username or resetting your password.

Despite SuperBetter’s efforts to protect your Personally Identifiable Information and Personal Health Information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted.

Updating Your Information and Contacting SuperBetter

A. Updating Your Personally Identifiable Information

If we collect and store self-reported data for certain Site functionalities, we will provide you with a method for correcting, updating or reviewing such information. We will store user submitted data (Personally Identifiable Information and/or Personal Health Information) in an active database for a certain period of time and may later transfer such data to an inactive back-up medium.

B. Removing your Personal Information

If you have a complaint or problem, please use our Contact Us Form or send us a letter via U.S. mail to: SuperBetterInc., ATTN: Top Secret Office of Privacy, 870 Market Street, Suite 1000, San Francisco, CA 94102. Our customer service department will forward your complaint to the appropriate internal SuperBetter department for a response or resolution. If you want to (1) delete your Personally Identifiable Information from our systems, (2) update the Personally Identifiable Information that you have provided to us, or (3) change your preferences with respect to marketing contacts or other activities, select the privacy option on our Contact Us Form.

C. Limitations on Removing or Changing Information

Upon your request, we will delete your Personally Identifiable Information or Personal Health Information from our active databases and where feasible from our back-up media. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to SuperBetter from our servers.

D. Accountable Representative

Notwithstanding anything contained herein to the contrary, if you have any questions or concerns related to this Privacy Policy or SuperBetter's collection, storage and/or use of Personally Identifiable Information or Personal Health Information, you may contact the following SuperBetter representative who is accountable for the implementation of this Privacy Policy: Lora Menter, Program Manager, 870 Market Street, Suite 1000, San Francisco, CA 94102, 415-986-3273, topsecret@superbetter.com.

Changes to this Privacy Policy

A. Personally Identifiable Information

We will inform you of a material change to the Privacy Policy, which means a change that expands the permissible uses or disclosures of Personally Identifiable Information allowed by the prior version of the Privacy Policy. Your continued use of the Site will indicate acceptance of the changes. You may of course choose to Opt-Out of continuing to use the Site. Please exit the Site immediately if you do not agree to the terms of this Privacy Policy or any revised policy.

B. Personal Health Information

We will inform you if a material change in the Privacy Policy is made that involves the use of your Personal Health Information, and your express Opt-In authorization will be requested. If you choose to not accept the new privacy policy, then the current privacy policy conditions will remain in effect, so long as the respective functionality remains available. SuperBetter reserves the right to discontinue or limit functionality in all its products and services.

C. Non-Significant Changes

SuperBetter may make non-significant changes to the Privacy Policy that do not affect Personally Identifiable Information or Personal Health Information at any time. SuperBetter may not notify you of such non-significant changes.

We reserve the right to modify this Privacy Policy at any time. If we decide to change this Privacy Policy, we will post the revised policy on the Site so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. Please review this Privacy Policy frequently. Your continued use of the Site will indicate acceptance of any such changes.

Glossary

Aggregate Information or Data: As a web site gathers individual pieces of Non-Personal Information (see definition below) from its users, it may combine similar data from many or all the users of the web site into one big “batch.” For example, the site may add up the total number of people in San Francisco, California (but not their names) who are seeking information about a certain topic and compare that to the number of people in Austin, Texas seeking the same information.

This sort of statistical information is called aggregate data because it reflects the habits and characteristics of a large group of anonymous people. Web sites may use aggregate data or share it with their business partners so that the information and services they provide best meet the needs of the users. Aggregate data also helps advertisers and sponsors on web sites know how effectively they are reaching and meeting the needs of their target audience.

Browser: Short for web browser, a browser is a software application used to locate and display web (Internet) pages. The most popular browsers are AOL, FireFox, Microsoft Internet Explorer, and Netscape Navigator. In addition, most modern browsers can present multimedia information, including sound and video, though they require plug-ins for some formats.

Click Stream Information: A record of all the pages you have visited during your visit to a particular web site or the services you accessed from the site or from an email. Click Stream Information is associated with your browser and not with you personally. It records the archives of your browser.

Cookie: A small data file that is stored on the hard drive of the computer you use to view a web site. Cookies are placed by that site or by a third party with a presence on the site, such as an advertiser using a Web Beacon (see definition below) and are accessible only by the party or site that placed the Cookie (i.e. a Cookie placed on your computer by SuperBetter isn't accessed by any other site you visit but a Cookie placed on your computer by an advertiser may be accessed by any site on which that same advertiser has a presence). Cookies can contain pieces of Personally Identifiable Information (“PII”). SuperBetter encrypts any PII it stores in its Cookies. These Cookies often are used to make the site easier to use. For example, if you check a box to ask that we store your user name on your computer so that you don't have to enter it each time you visit the site, it's stored in a Cookie on your computer.

Encryption: The translation of data into a secret code. Encryption is the most effective way to achieve data security. To read an encrypted file, you must have access to a secret key or password that enables you to decrypt it. This is typically done by secure computer systems.

Firewall: A system designed to prevent unauthorized access to or from a public or private network. Firewalls can be implemented in both hardware and software, or a combination of both. Firewalls are frequently used to prevent unauthorized Internet users from accessing private portions of public networks. All messages entering or leaving the network pass through the firewall, which examines each message and blocks those that do not meet the specified security criteria.

Nickname: On the Site, as part of your registration, you will be required to provide a Nickname in addition to a username (log-in name) and a password. The Site Nickname is the name that will appear on any of your public forum postings. This public nickname should be different from the username that you use when you log on to the Site. NOTE: Once you establish a Nickname on the Site, you cannot change it without registering with a new account.

Non-Personal Information: Information that is not traceable back to any individual and cannot be used to identify an individual. For example, Click Stream Information is Non-Personal Information, as is information such as gender, age, city and state when not linked with other Personally Identifiable Information.

Opt-In: Means you are actively indicating your preference to participate in a program, email, feature, tool, or enhancement on a web site. Typically, if you “Opt-In” you must provide certain information, usually Personally Identifiable Information, to the web site or otherwise actively indicate your choice or preference to participate in the web site program.

Opt-Out: Means that if you do not take some action you are indicating your preference to participate in a program, email, feature, tool or enhancement on a Web site. Typically, if you “Opt-Out” you must uncheck a box next to a stated preference or otherwise take some action to indicate your preference not to participate in a program.

Password: A secret series of characters, typically alphanumeric (meaning it consists of both letters and numbers) that enables you to access a file, computer, or program. You must enter your password before the computer or system will respond to commands. The password helps ensure that unauthorized users do not access the system. In addition, data files and programs may require a password. Ideally, the password should be something that nobody could guess.

Personal Health Information (“PHI”): When your Personally Identifiable Information is combined with known health characteristics. For example, if you indicated that you have a certain disease or condition, when that information is combined with your PII, it becomes Personal Health Information.

Personally Identifiable Information (“PII”) (also called Personal Information): Information that can be traced back to an individual (contrast with Non-Personal Information and Aggregate Information). Examples of PII include your name, home address, telephone number, email address, and Social Security number. If other pieces of information are linked to PII, they also become PII. For example, if you use a nickname to chat online and give out your real name while chatting, your nickname becomes PII when linked with other PII.

Server: A computer that provides services to other computers. A “web server” stores web site files and “serves” them to people who request them.

Username: A name used to gain access to a computer system or program. Usernames, and often passwords, are required in shared systems, such as the Internet. In most such systems, users can choose their own usernames and passwords (see Nickname above for additional information). Usernames are also required to post a reply on message boards and to use certain Site functionalities and services.

Web Beacons (also often referenced as “clear GIFs,” “web bugs,” “1-by-1 GIFs,” “Single-Pixel GIFs,” “1 x 1 Pixels,” or “clear Pixels”): Tiny graphic image files, imbedded in a web page in GIF, jpeg or HTML format, typically used to monitor activity on a web page and send back to its home server (which can belong to the host site, a network advertiser or some other third party) information from your browser, such as the IP address, the URL of the page on which the beacon is located, the type browser that is accessing the site and the ID number of any Cookies on your computer previously placed by that server. Web Beacons can also be used to place a Cookie on your computer.