Thank-you 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 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.
Your Personal Data:
We believe that you should have control over 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.
Information We Collect:
We collect Personal Data when you use or interact with our Services, including when you register with us, obtain services from us, 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, symptoms, and generate journal reports.
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.
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.
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.
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 located in Canada, the United States and Sweden to provide Phyla’s products and services.
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 Canada, please be aware that information we collect may be transferred to and processed by servers located in Canada. By using 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.
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.
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.
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.
From time to time, Phyla will conduct outcome research that might lead to reporting or publication. You agree to permit Phyla to retain and use all de-identified data including claims data and medical records data as well as all data collected during the course of the Phyla services in any research study conducted during and subsequent to the Phyla services, provided that the following requirements are met:
The data used is de-identified data, containing no Protected Health Information, as outlined in the Standards for Privacy of Individually Identifiable Information, parts 45 CFR 160 and 164, Subparts A and E.
Phyla will not use or disclose the information other than as described herein or as otherwise required by law.
Phyla will use appropriate safeguards to prevent the use or disclosure of the information other than as provided for herein.
Phyla will report to the covered entity any use or disclosure of the information not provided for within this Agreement of which it becomes aware within ten (10) days of its discovery.
Phyla will ensure that any agents, including a subcontractor, to whom it provides the limited data set agree to the same restrictions and conditions that apply through this Agreement with respect to such information.
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.
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.
Links to Other Web Sites
Other Terms and Conditions
Your access to and use of the Services is subject to the Terms of Service
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 email@example.com 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
You may contact us as follows: firstname.lastname@example.org