PRIVACY POLICY
 
This Privacy Policy was last updated on October 20, 2018.
 
Our Policy:
Thanks for using the Phyla mobile application, which provides users with a curated health information platform and personalized lifestyle recommendations, (the “App”), operated by Phyla Technologies Inc. (“Phyla”, “Company”, “we”, “us” and/or “our”). In addition to making available the App, this website (the “Site”) is operated by Phyla and has been created to provide information about our company and the services we offer, including the App and any other mobile applications we make available and related services (collectively, the “Services”) to our Service visitors and users (“you”, “your”).

This Privacy Policy sets forth Phyla’s policy with respect to information including personally identifiable data (“Personal Data”) and other information that is collected on or in connection with the Services.
 
This Policy will help you interpret what information we collect, how we use or disclose it, and your choices concerning our data practices. Phyla is committed to maintaining the confidentiality, integrity and security of the Personal Data provided by our users.  We are not in the business of selling your Personal Data to third parties.

Your Personal Data:
We believe that you own your Personal Data, and we enable you to keep your Personal Data accurate, current, and complete, by updating your Personal Data in the App whenever appropriate or by contacting us as specified below. We will take reasonable steps to update or correct your Personal Data in our possession that you have previously submitted.
 
You may also request that we terminate your account and delete your Personal Data at any time.  When you make such a request, your Personal Data will be permanently expunged from our primary production servers and further access to your account will not be possible. By using the Service, you agree to the practices described in this Privacy Policy. If you do not agree to this Privacy Policy, please do not access the Site or otherwise use the Service.
 

Information We Collect:
We collect Personal Data when you use or interact with our Services, including when you register with us, obtain nutrition services, and make purchases from us (including processing of payment). We collect personal information when you “Setup Account” to access the functionality of the App, when you journal your dietary intake and symptoms and generate journal reports to share with your practitioner or health care provider.


This Personal Data may include:


   •    Name, password, email address, date of birth, and gender.  

   •    General information related to your health.
   •    Information on your gut health diagnosis, details about your diagnosis and when you were diagnosed (if applicable).
   •    Your health goals and any food allergies you may have.


We use this data to create your account, enable your activity within our Services, and to provide the services generally, including to develop, enhance, and improve our Services and your experience. We also use this data for internal purposes related to certain research, analytics, innovation.


Personal information is data that can be used to identify or contact a single person. You may be asked to provide personal information anytime you contact Phyla or any of our service providers, which may share this personal information each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our products, services, content, and advertising. You are not required to provide the personal information that we have requested, but, if you chose not to do so, in many cases we will not be able to provide you with our products or services or respond to any queries you may have.


We may use your Personal Data to verify identity, assist with identification of users, and to determine appropriate services, and for loss prevention and anti-fraud purposes. From time to time, we may use your personal information to send important notifications, such as information related to your Subscription Services, In-App purchases, or changes to our terms and policies. Because this information is important to your interaction with the App, you may not opt out of receiving these notifications.


We also collect data in a form that does not, on its own, permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it: language, activity on our website (behavior), total downloads, total Subscriptions, total In-App purchases, unique device identifier, referral URL, location, time zone, demographics (age and gender) information so that we can better understand customer behavior and improve our products, services and advertising. Such data is considered non-personal information for the purposes of this Privacy Policy.

Device Data and Analytics
Device Data: When you download, install and use the mobile App on your mobile device, Phyla automatically receives information, including without limitation, carrier providers, a unique device identifier, geo-location information (if allowed by the user), the types of mobile devices accessing the App, and the types of operating systems accessing the App. A unique device identifier is a string of alphanumeric characters (similar to a serial number) used to uniquely identify and distinguish each mobile phone or other wireless communication device. Phyla uses the unique device identifier to link to your personal account when you setup your personal account profile.


Analytics and Tracking Technologies:  We may, and we may allow third party service providers to, use cookies (as noted above) or other tracking technologies to collect information about your browsing activities over time and across different websites following your use of the Site. For example, we use Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses cookies to help us analyze how users use the Site and enhance your experience when you use the Site. For more information on how Google uses this data, go to www.google.com/policies/privacy/partners/.  We also use Amplitude, which records certain events from user sessions that help us analyze how you use the App in order to improve the Services.
 
Our Site currently does not respond to “Do Not Track” (DNT) signals and operates as described in this Privacy Policy whether or not a DNT signal is received. If we do so in the future, we will describe how we do so in this Privacy Policy.

Disclosure Practices and Data Retention
Phyla shall not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law.
We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms of service or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
Phyla shall retain personal information only as long as necessary for fulfillment of those purposes.

Consent to Processing and Transfer of Information
Phyla is committed to providing access to our resources through an environment that is compliant with all national and provincial privacy requirements applicable to us, and those requirements that apply to all our customers.


Phyla operates from Montreal, Québec, Canada, and utilizes service providers within Canada and the United States to provide the Phyla Website and the App.


Given that we are an international business, our use of your information involves the transfer of data on an international basis. If you are located outside of the Canada, please be aware that information we collect may be transferred to and processed by servers located in Canada. By using the our Services, or providing us with any information, you consent to the collection, processing, maintenance and transfer of such information in and to our Canadian servers.

We may transfer information to others, including to affiliated entities or unrelated companies (“service providers”), that carry out certain functions on our behalf such as order fulfillment, accounts receivable and data processing. In those cases where we do need to use the services of a third party, we require them not to use or disclose the information for any purpose other than as directed by Phyla.

We take all reasonable contractual or other measures to protect your personal information while processed or handled by these service providers. If the information is located outside Canada it will be subject to legal requirements in those foreign countries applicable to our service providers.

Other Information:
Non-Identifiable Data: When you interact with Phyla through the Services, we receive and store certain personally non-identifiable information. Phyla may store such information itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. The Services may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors' Internet service providers. It is important to note that no Personal Data is available or used in this process.


In operating the Services, we may use a technology called "cookies." A cookie is a piece of information that the computer that hosts our Services gives to your browser when you access the Services. Our cookies help provide additional functionality to the Services and help us analyze Services usage more accurately. For instance, our Site may set a cookie on your browser that allows you to access the Services without needing to remember and then enter a password more than once during a visit to the Site. In all cases in which we use cookies, we will not collect Personal Data except with your permission. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Service features.


Aggregated or De-Identified Personal Data: In an ongoing effort to better understand and serve the users of the Services, Phyla often conducts research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregated and/or de-identified basis, and we may share this aggregated and/or de-identified data with our affiliates, agents and business partners in order to advance research related to healthcare innovation or improve access to healthcare. Phyla may also disclose aggregated and/or de-identified user statistics and other metrics related to our Service in order to describe our services to current and prospective business partners, and to other third parties and for other lawful purposes. For clarity, any data that has been aggregated and/or de-identified shall not be considered Personal Data under this Privacy Policy.


Location Information: Our Service may collect and use your location information (for example, by using the GPS on your mobile device) to provide certain functionality of our Service. If you choose to enable certain location sharing features, your location information may be publicly displayed within the Service. Please keep in mind that other users can see this information about you, and they may use it or disclose it to other individuals or entities outside of our control and without your knowledge. Your location information may be subject to abuse, misuse, and monitoring by others, so please be careful if you choose to enable location functionality. We may also use your location information in an aggregate way, as described above in the “Aggregated Personal Data” section.
 
Our Use of Your Personal Data and Other Information:
We use information held about you in the following ways:
   •    To ensure that content provided by the Services is presented in the most effective manner for you and for your computer or other device.
   •    To provide you with information, products or services related to Phyla that will facilitate your engagement with the Services.
   •    To provide you with promotional communications, such as email, to the extent that you have provided consent to receive such communications under applicable law.
   •    To provide you with customer service communications.
   •    To carry out our obligations arising from any agreements entered into between you and us.
   •    To allow you to participate in interactive features of the Services, when you choose to do so.
   •    To notify you about changes to the Services.
   •    To understand your broad, non-specific geographic location to help us identify groups of users by general geographic market (such as postal/zip code, province/state or country).
   •    To provide you with the SMS Service to the extent that you have provided consent for such practices under applicable law.
   •    We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.
   •    Details of your visits to and interactions with the Services including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.
   •    If you are an existing customer, we will only contact you by electronic means (e-mail or in-Product communication) with information about products and services similar to those which were the subject of a previous sale to you.


We do not disclose information about identifiable individuals to companies that host advertisements on our behalf, but we may provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target.
 
Our Disclosure of Your Personal Data and Other Information:
We consider your Personal Data to be a vital part of our relationship with you. There are, however, certain circumstances in which we may share your Personal Data with certain third parties without further notice to you, as set forth below:
Business Transfers: As we develop our business, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, dissolution or similar event, Personal Data may be part of the transferred assets.

Related Companies: We may also share your Personal Data with our Related Companies for purposes consistent with this Privacy Policy.
Agents, Consultants and Related Third Parties: Phyla, like many businesses, sometimes hires other companies to perform certain business-related functions. Examples of such functions include mailing information, maintaining databases and processing payments. When we employ another entity to perform a function of this nature, we only provide them with the information that they need to perform their specific function.   
Legal Requirements: Phyla may disclose your Personal Data if required to do so by law or in the good faith belief that such action is necessary to (i) comply with a legal obligation, (ii) protect and defend the rights or property of Phyla, (iii) act in urgent circumstances to protect the personal safety of users of the Services or the public, or (iv) protect against legal liability.
 
Your Choices:
You can visit the Site without providing any Personal Data. If you choose not to provide any Personal Data, you may not be able to use certain Services.

Exclusions:
This Privacy Policy does not apply to any Personal Data collected by Phyla other than Personal Data collected through the Services. This Privacy Policy shall not apply to any unsolicited information you provide to Phyla through the Services or through any other means. This includes, but is not limited to, information posted to any public areas of the Services, such as forums, any ideas for new products or modifications to existing products, and other unsolicited submissions (collectively, “Unsolicited Information”). All Unsolicited Information shall be deemed to be non-confidential and Phyla shall be free to reproduce, use, disclose, and distribute such Unsolicited Information to others without limitation or attribution.

California Privacy Rights Disclosures
Where provided for by law and subject to any applicable exceptions, California residents may have the following rights:
   •    To know the categories of Personal Data that Phyla has collected about you, the business purpose for collecting your Personal Data, and the categories of sources from which the Personal Data was collected;
   •    To access the specific pieces of Personal Data that Phyla has collected about you;
   •    To know whether Phyla has disclosed your Personal Data for business purposes, the categories of Personal Data so disclosed, and the categories of third parties to whom we have disclosed your Personal Data;
   •    To have Phyla, under certain circumstances, delete your Personal Data; and
   •    To be free from discrimination related to the exercise of these rights.
If you would like to exercise any or all of these rights, you may do so by contacting us. Your authorized agent may submit requests in the same manner. Once we receive your request, we will verify your identity by sending an email to the email address you provide to us.

Children:
Phyla does not knowingly collect Personal Data from children under the age of 13. If you are under the age of 13, please do not submit any Personal Data through the Services. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children never to provide Personal Data on the Services without their permission. If you have reason to believe that a child under the age of 13 has provided Personal Data to Phyla through the Services, please contact us, and we will endeavor to delete that information from our databases.
 
Links to Other Web Sites:
This Privacy Policy applies only to the Services. The Services may contain links to other web sites not operated or controlled by Phyla (the “Third Party Sites”). The policies and procedures we described here do not apply to the Third Party Sites. The links from the Services do not imply that Phyla endorses or has reviewed the Third Party Sites. We suggest contacting those sites directly for information on their privacy policies.

Security:
Phyla takes commercially reasonable steps to protect the Personal Data provided via the Services from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. For example, access to any Personal Data you provide is restricted and used in accordance with this Privacy Policy. The vendors and service providers with whom we engage have been selected in accordance with our security policies and practices and are bound by confidentiality obligations. They may be subject to discipline, including termination and criminal prosecution, if they fail to meet these obligations. We also use a combination of firewall barriers, encryption techniques and authentication procedures, among others, designed to maintain the security of your online session and to protect Phyla accounts and systems from unauthorized access. However, no Internet or email transmission is ever fully secure or error free. In particular, email sent to or from the Services may not be secure. Therefore, you should take special care in deciding what information you send to us via email. Please keep this in mind when disclosing any Personal Data to Phyla via the Internet.
 
Other Terms and Conditions:
Your access to and use of the Services is subject to the Terms of Service

Changes to Our Privacy Policy:
The Services and our business may change from time to time. As a result, at times it may be necessary for Phyla to make changes to this Privacy Policy. Phyla reserves the right to update or modify this Privacy Policy at any time and from time to time without prior notice. Please review this policy periodically, and especially before you provide any Personal Data. This Privacy Policy was last updated on the date indicated above. Your continued use of the Services after any changes or revisions to this Privacy Policy shall indicate your agreement with the terms of such revised Privacy Policy.

Access Rights and Accuracy
You have the right to request to see and access your own personal information held by us, subject to some exceptions. For example, organizations are required under the Personal Information Protection and Electronic Documents Act to refuse to provide access to information that would reveal personal information about another individual.
You may request access to your personal information by writing to privacy@phyla.ca. You must provide sufficient information in your request to allow us to identify the information you are seeking. We will respond in writing to your request within 30 days of the date we receive your written request, unless an extension is granted. If we refuse a request in whole or in part, we will provide in writing the reasons for the refusal and inform you of your recourse.
You may also request information about our use of your personal information and any disclosure of that information to persons outside our organization. In addition, you may request a correction of an error or omission in your personal information.


Access to Information; Contacting Us:
 
Please feel free to contact us if you have any questions about our Privacy Policy or our information practices.
 
You may contact us as follows: support@phyla.ai .

 

info@phyla.ai
Montreal, Canada

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