This privacy policy (“Privacy Policy”) sets out the basis on which The Well Well LLC (hereinafter referred to as “Well Well”, “we”, “our” or “us”, may collect, process, use and disclose Personal Data (defined below):

  • about each Practitioner (as defined under Well Well’s Terms of Service), Consumer (as defined under Well Well’s Terms of Service), individual, entity, user or visitor (collectively “you” or “your”);

and/or

  • which you provide to Well Well when (i) accessing Well Well’s website located at thewellwell.co (the “Website”), and/or (ii) using the Intermediary Services available on the Platform (as defined under Well Well’s Terms of Service).

Well Well is committed to protecting your privacy and the confidentiality of your Personal Data (defined Below). As such, our Privacy Policy is designed to help you understand how we collect, use and safeguard the information you provide to us and to assist you in making informed decisions when using the Intermediary Services on the Platform.

By accessing the Website and using the Intermediary Services on the Platform, you accept the terms and conditions of Well Well’s Privacy Policy, and you consent to Well Well’s collection, storage, use and disclosure of your Personal Data (defined below) as described in this Privacy Policy. 

We encourage you to read this Privacy Policy carefully so that you know and understand the purposes for which Well Well collects, processes, uses and shares your Personal Data.

  1. Definition of Personal Data and Non-Personal Data

The term “Personal Data” shall refer to data, whether true or not, about an individual who can be identified (i) from that data, or (ii) from that data in combination with other information to which Well Well may have access to or is likely to have access.

“Non-Personal Data” includes information that cannot be used to personally identify you, such as general demographic information we may collect, referring/exit pages and URLs, platform types, device types, preferences you submit and preferences that are generated based on the data you submit.

  1. Scope of Privacy Policy

This Privacy Policy governs your access of Well Well’s Website, Platform and Intermediary Services, regardless of how you access the Website, Platform and Intermediary Services, and explains what data we collect when you use the Website, Platform and/or Intermediary Services, why we collect the data, how data is used, and your rights and choices. This Privacy Policy applies to Personal Data and Non-Personal Data collected by us from or about visitors to, or users of, our Website.

  1. Personal Data Well Well Collects from You

Well Well may collect, process, use, and disclose the following Personal and Non-Personal Data obtained from you:

  • Identity data includes your first name, surname, country, address, social media handles and contact information when you register a User Account (as defined under Section 4.1 of Well Well’s Terms of Service) on Well Well’s Website and Platform;
  • Contact data which includes data such as email address, and any other data you have provided to us in order for us to be able to provide you with the Intermediary Services on the Website, and Platform;
  • Transaction data which includes details about communications to and from you;
  • Technical data which includes your Internet protocol address, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform, and other technology on the devices you use to access the Website, and Platform; and
  • Profile data includes your username and password; and
  • Usage data includes information about how you use our Website, Platform and Services.

In the context of the law and this Privacy Policy, the term “process” means collect, store, transfer, use or otherwise act on information.

  1. Use of your Personal Data 

Except as otherwise stated in this Privacy Policy, Well Well does not sell, trade, rent or otherwise share your Personal Data for marketing purposes with third parties without your consent. Well Well shares only Non-Personal Data with vendors and suppliers who are performing services for Well Well, such as the vendors and suppliers who provide Well Well with access to a user’s email address and email communications for the purposes of Well Well being able to send emails to you via the vendor and/or supplier’s server. Those vendors and suppliers use your Non- Personal Data only at Well Well’s direction and in accordance with our Privacy Policy.

Well Well may collect and use your Personal Data for any or all of the following purposes:

  • providing you with access to the Website, Platform, and use of the Intermediary Services as requested by you;
  • verifying your identity;
  • responding to, handling, and processing queries, requests, complaints, and feedback from you;
  • managing your relationship with us;
  • processing payment or credit transactions;
  • managing, developing and improving our business and operations to serve you better;
  • complying with legal and regulatory requirements;
  • enforcing Well Well’s legal rights and obligations;
  • any other purposes for which we have obtained your consent; and
  • any other purposes reasonably necessary, ancillary or related to the above specified purposes.

Well Well may share Personal Data with third parties if Well Well has a good-faith belief that access, use, preservation or disclosure of the Personal Data is reasonably necessary to meet any applicable legal process or enforceable governmental request; to enforce Well Well’s Terms of Service, including investigation of potential violations; address fraud, security or technical concerns; or to protect against harm to the rights, property or safety of Well Well’s users or the public as required or permitted by law.

Wherever possible, Well Well aims to obtain your explicit consent to process your Personal Data. We may continue to process your Personal Data on this basis until you withdraw your consent. You may withdraw your consent at any time by sending us an email at [email protected]. However, if you do so, please note that you may not be able to use the Website and make use of the Intermediary Services and Platform further. 

  1. Use of Non-Personal Data

Generally, Well Well uses Non-Personal Data to help us improve the Intermediary Services and customize your user experience. We also aggregate Non-Personal Data in order to track trends and analyze use patterns on the Website and Platform. This Privacy Policy does not limit in any way our use or disclosure of Non-Personal Data and we reserve the right to use and disclose such Non-Personal Data to our partners, advertisers and other third parties in Well Well’s sole discretion.

  1. Automatic Collection of Information

When you visit the Website, Well Well’s servers automatically record information about your computer hardware and software (such as domain names and IP addresses). No Personal Data is collected or revealed by this process. The information is collected automatically and is used only to identify potential cases of abuse, resolve technical issues, optimize the performance of the Website for a better user experience, and establish statistical information regarding your use of the Website, Platform and Intermediary Services. This statistical information is not otherwise aggregated in such a way that would identify any particular user of the system.

  1. How Personal Data is Secured

Well Well implements best practice measures from WordPress to secure data, this includes but is not limited to encryption, firewalls, password management, restricting access to database, regular backups and secure socket layer technology, which are designed to protect your information from unauthorized access and potential security breaches.

Payment information is securely stored by Stripe and cannot be accessed by Well Well. Well Well does not collect or store sensitive cardholder data, such as credit card numbers, or card authentication data.

Your User Account is protected by your account password, and we urge you to take steps to keep your Personal Data safe by not disclosing your password and by logging out of your User Account after each use.

However, you acknowledge that no data transmission over the Internet or wireless network can be guaranteed. Therefore, while Well Well strives to protect your Personal Data, you acknowledge that (i) there are security and privacy limitations of the Internet which are beyond our control; (ii) the security, integrity, and privacy of any and all information and data exchanged between you and another registered user on the Website, Platform and/or the Intermediary Services cannot be guaranteed; and (iii) any such information and data may be viewed or tampered with in transit by a third-party, despite Well Well’s best efforts.

  1. Storing of Personal Data

Personal Data is stored and secured respectively on a dedicated server that hosts the Website.

  1. Your Rights under the California Consumer Privacy Act

To the extent that the California Consumer Privacy Act (“CCPA”) is applicable to either Well Well or you: both parties agree to comply with all of its obligations under the CCPA; and in relation to any communication of ‘personal information’ as defined by the CCPA, the parties agree that no monetary or other valuable consideration is being provided for such personal information and therefore neither party is ‘selling’ (as defined by the CCPA) personal information to the other party.

The principal rights you have under the CCPA include but are not limited to:

  • the right to know the Personal Data we collect form you;
  • the right to request the deletion of your Personal Data;
  • the right not to be discriminated against for having exercised your rights under the CCPA;
  • the right to opt out from the collection/sale of your Personal Data; and
  • the right to access your Personal Data.

Both parties agree to notify the other immediately if it receives any complaint, notice, or communication that directly or indirectly relates to either party’s compliance with the CCPA. Specifically, Well Well shall notify you within ten (10) business days if Well Well receives a verifiable consumer request under the CCPA.

  1. Your Rights under the Digital Millennium Copyright Act

It is Well Well’s policy to respond to any infringement notices and to take the appropriate actions as provided under the Digital Millennium Copyright Act (“DMCA”). Should you believe that material available on the Website infringes on your copyright(s) or that of a third party, please notify Well Well by submitting a written notice to [email protected] and include the following information:

  • your full name, mailing address, telephone number, and email address;
  • a description of the copyrighted work that is claimed to be infringed;
  • a description of where the allegedly infringing material is located on the Website and/or Platform;
  • a statement by you that you have a good-faith belief that the alleged infringing use is not authorized by the copyright owner, its agent, or the law; and
  • a signed (either physical or electronic) statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Upon receipt of such notice, Well Well shall investigate and/or remove the infringing material. You will be held liable for damages, including costs and attorneys’ fees, should you materially misrepresent that material or activity on the Website or Platform  infringes on your or a third party’s copyright.

  1. Consumer Health Information 

The privacy and security of the Consumers’ individually identifiable health information provided to Practitioner’s via the Platform in connection with the Practitioner’s Services may be protected by federal law (including but not limited to HIPAA, the HITECH Act, and their regulations) and state privacy laws. As such, You acknowledge and understand that the Consumer’s health information is ‘protected health information’ (“PHI”).  PHI may be used and disclosed by the Practitioner only as is necessary to provide the Practitioner’s Services, and for Well Well’s own operations, to meet our legal obligations, and for any other purpose for which Consumers have given consent. 

Well Well may:

  • share PHI with third parties for the purposes of complying with applicable law; and
  • de-identify and aggregate PHI to monitor and improve our Intermediary Services for benchmarking purposes.

  1. Cookies

Cookies are defined as small text files that are placed on your computer’s hard drive by your web browser when you visit any website. Cookies allow data gathered on one web page to be stored until it is needed for use on another, allowing a website to provide you with a personalised experience and the website owner with statistics about how you use the website so that it can be improved. Some cookies may last for a defined period of time, such as one day or until you close your browser. Others last indefinitely. Your web browser should allow you to delete any you choose. It also should allow you to prevent or limit their use.

Well Well may from time-to-time use cookies. They are placed by software operated by third parties whose services Well Well makes use of so as to enhance your experience on the Website.

When you first visit the Website, you may need to confirm whether you wish for cookies to be used by Well Well. If you choose not to accept them, Well Well shall not use them for your visit except to record that you have not consented to their use for any other purpose. However, please note that should you choose not to use cookies, or you prevent their use through your browser settings, you might not be able to use all the functionalities available on the Website.

Well Well may use cookies for the following purposes:

  • Authentication and status – Well Well uses cookies to identify you when you visit the Website, and as you navigate through the pages of the Website;
  • Personalisation – Well Well uses cookies to store information about your preferences as you navigate through the Website and Platform;
  • Security – Well Well uses cookies as an element of the security measures used to protect the Website, Platform and Intermediary Services; and
  • Analysis – Well Well uses cookies to analyse the use and performance of the Website, Platform and Intermediary Services.

By accessing and using Well Well’s Website, Platform and Intermediary Services, you consent to the storage of cookies, other local storage technologies, beacons and other information on your devices. You also consent to the access of such cookies, local storage technologies, beacons and information by us or our representatives or agents.

  1. Retention Period for Personal Data

Except as otherwise mentioned in this Privacy Policy, Well Well shall endeavour to keep your Personal Data for as long as is required (i) for Well Well to be able to provide you with the Intermediary Services, (ii) to comply with the law, including for the period demanded by our tax authorities, and (iii) to support a claim or defence in court.         

  1. Withdrawing Your Consent / Opt-out rights

Wherever possible, Well Well aims to obtain your explicit consent to process your Personal Data. The consent that you provide to Well Well for the collection, use and disclosure of your Personal Data will remain valid until such time as you withdraw your consent in writing. You may withdraw your consent and request us to stop using and/or disclosing your Personal Data for any or all of the purposes by submitting your request via email [email protected]. However, if you do so, please note that you may not be able to (i) use the Website and Platform, and (ii) make use of the Intermediary Services further.

Upon receipt of your written request to withdraw your consent, you acknowledge that (i) Well Well may not be able to provide or continue providing you with access to the Website, Platform and use of the Intermediary Services, and (ii) we may cease such provision of the Intermediary Services to you accordingly without any liability.

You acknowledge and understand that by withdrawing your consent, this does not affect our right to continue to collect, use and disclose Personal Data where such collection, use and disclose without consent is permitted or required under applicable laws.

  1. Use of Website, Platform and Intermediary Services by Children

Our Website, Platform and Intermediary Services are not directed to persons under the age of eighteen (18) years. We do not collect Personal Data from children under the age of eighteen (18) years. We therefore encourage you to obtain the assistance and consent of a parent/legal guardian when accessing our Website, Platform and using the Intermediary Services. A parent/legal guardian who becomes aware that his or her child has provided us with Personal Data without their consent, should contact us at [email protected] and we will endeavour to delete it. 

  1. Changes and Amendments to Privacy Policy

Well Well may update this Privacy Policy from time to time in Well Well’s sole discretion and will notify you of any material changes to the way in which Well Well treats Personal Data. When changes are made, Well Well will revise the updated date at the bottom of this page. Well Well may also provide notice to you in other ways in Well Well’s sole discretion, such as through the contact information you have provided. Any updated version of this Privacy Policy will be effective immediately upon the posting of the revised Privacy Policy unless otherwise specified. Your continued use of the Website, Platform and Intermediary Services after the effective date of the revised Privacy Policy will constitute your consent to those changes. However, Well Well will not, without your consent, use your Personal Data in a manner materially different than what was stated at the time your Personal Data was collected.

  1. Contact Information

Should you have any questions or concerns regarding privacy while using the Website, Platform and Intermediary Services, please send us a detailed message to [email protected] and Well Well will use its best endeavors to resolve your concerns.

Effective Date: 04/12/2022