Effective as of September 2018
Acceptance of Terms
Communications about your Health
By signing up for Prove Labs, you consent for us to communicate with you about your health, progress, and the Services via email, push notification, mail, text message, or phone call. You have the right to restrict how we contact you by emailing email@example.com.
If you are receiving Prove Labs’ services through your employer or employer’s health plan, we will not share identifiable information about your health and progress with your employer or employer’s health plan. We may send aggregated or de-identified information to your employer or employer health plan for billing purposes.
The Information We Collect and/or Receive
In the course of operating the App and/or interacting with you, Prove Labs will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information.
1. Personal Information
2. Other Information
In addition to the Personal Information we collect, we may automatically collect or receive additional information regarding you and your use of our App, your interactions with us and our advertising, as well as information regarding your computer or other devices used to access our App (collectively, the "Other Information"). Such Other Information may include:
a. From Your Activity
IP address, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device;
Time zone in which you access the App;
Browser type and language;
Referring and exit pages and URLs;
Date and time;
Details regarding your activity on the App, such as search queries, amount of time spent viewing pages, and other performance and usage data;
Number of steps we get from Apple Health or Google Fit
Chat history; and
Data regarding your workout performance (e.g., number of repetitions, duration of your workout, positioning of your body, images taken from Recorded Sessions, etc.).
b. About Your Device
Type of device;
Operating system and version (e.g., iOS, Android or Windows);
Network type (WiFi, 3G, 4G, LTE).
c. Third-Party Analytics
For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the App.
For Google Analytics, please visit https://policies.google.com/privacy
d. From You
Additional information that you voluntarily provide to us that does not identify you personally.
How Your Information is Used and Shared
You authorize us to use the Personal Information and the Other Information (collectively, the "Information") to provide and improve our App and services; to administer any promotional programs; to solicit your feedback; to inform you about our products and services; and for ad optimization.
You also authorize us to use and/or share Information as described below.
We may employ other companies and individuals to perform functions on our behalf. Examples may include hosting and storage services, technical assistance, customer service, marketing assistance, and administration of our App. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
The data regarding your activity, both performed through FitCam and through external app like Apple Health and Google Fit, as well as the date you provided about your wellness, is only used and share with Prove Labs internal team of Health Expert to offer you a better support. If you are using the app because you have been invited by a Health Practitioner, they will have access to your activity data.
In an ongoing effort to better understand our users, the App, and our products and services, we may analyze certain Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the App and/or such products and services. This aggregate information does not identify you personally. We may share and/or license this aggregate data to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose aggregated user statistics in order to describe the App and these products and services to current and prospective business partners and investors and to other third parties for other lawful purposes.
We may share some or all of your Information with any of our parent companies, subsidiaries, or other companies under common control with us.
As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Prove Labs or others.
Any data and/or content that you create or obtain on or through the App (such as User Content) that you, or a third party, posts to a social media account (e.g., Facebook or Instagram) will be viewable and accessible on those social accounts as if you or such third party had posted it on the social account directly. Services like Facebook and Instagram may also give you the option to post information from our App to your Facebook and Instagram accounts, and to share that information with others within your social networks.
Prove Labs may share your Information with other users of the App at your specific direction, such as friends that you agree desire to share Information with (such as sharing your Performance Results with friends). Any Information that you authorize Prove Labs to share with your friends via the App will solely be shared with the friends you have selected and will not be made public. Prove Labs does not control, and is not liable for, any disclosure of your Information made by a friend with whom you have authorized Prove Labs to share such Information.
Accessing and Modifying Information and Communication Preferences
If you have provided us any Personal Information, you may access, remove, review, and/or make changes to the same by updating your profile on the App. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the "unsubscribe" link located on the bottom of any Prove Labs marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. You cannot opt out of receiving transactional e-mails related to the App (e.g., requests for support).
Sharing of Your Information with Non-Affiliated Third Parties
We will not share your Personal Information with non-affiliated third parties that may use such information to market to you, without obtaining your opt-in consent. For example, we may offer you a product opportunity that requires us to share your Personal Information with non-affiliated third parties that may use such information to market to you. We will obtain your opt-in consent to such sharing of your Personal Information if and when we present you with the terms of such offer.
If you would like to opt-out of our sharing of your Information with our affiliates so that such affiliates can use your Information to market to you, please contact us at
How We Protect Your Information
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases or the databases of the third parties with which we may share such Information, nor can we guarantee that the Information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
Important Notices to Non-U.S. Residents
The App and its servers are operated in the United States and elsewhere. Please be aware that your Information, including your Personal Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the App, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
The App is only available to individuals aged 13 years or older. Prove Labs adheres to the Children’s Online Privacy Protection Act ("COPPA") and will not knowingly collect Personal Information from any child under the age of 13. We ask that minors (under the age of 13) not submit any Personal Information to us. If you are 13 or older, but under the age of majority in your jurisdiction (18 in most U.S. states), your parent or guardian must consent to your use of the App, and such parent or guardian hereby represents to Prove Labs that he or she has read this Agreement and agrees to be legally bound by this Agreement on your behalf. If a child under the age of 13 has provided us with Personal Information, a parent or guardian of that child may contact us and request that such information be deleted from our records.
Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact Prove Labs via email at . Prove Labs does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser "Do Not Track" settings and/or signals.
How to Contact Us