Ouchie Privacy Policy

LAST REVISED: Nov. 29, 2018

1. Company

Ouchie is owned and run by UPSIDE HEALTH, INC. (“Ouchie”, “us”). To contact us with questions about this privacy policy, email us at hello@ouchie.com, or via postal mail at: Ouchie, c/o Jerry S. Goldman, Esquire, Anderson Kill, P.C., 1251 Avenue of the Americas, New York, New York 10020 USA (+1-212-278-1000).

2. Scope

Ouchie, has adopted this Privacy Policy to inform its customers and others about how it protects personally identifiable information and other information that may be collected when users visit the Ouchie web site at the Ouchie apps.

This Privacy Policy covers Ouchie’s treatment of personal or personally identifiable information (“Personal Information”) that may be collected when you are on the Ouchie website, and when you use the services of Ouchie. The privacy of your nonpublic information is important to us. This includes, but is not limited to, your name, email address and any other personally identifiable information. We use safeguards to protect your privacy and confidentiality. This Policy Statement discusses information we collect and the manner in which it is used.

3. Information Collection

Our primary goal in collecting personal information is to provide you with a smooth, efficient, and customized experience.

Ouchie is sensitive to the protection of “customer identifiable” information which an individual or another customer reasonably expects to be kept private. “Customer identifiable” information means information which can be associated with a specific entity or individual, including, by way of example, a customer’s name, email address, and information about on-line activities which can be directly linked to him or her.

If you become an Ouchie user, we will create an account for you, at http://www.ouchie.com, which will contain your name, email, and other identifying information. This account will be used to send out periodic emails. 

Ouchie may also collect Personal Information from your usage of the Ouchie website and apps. If you do nothing during your visit but browse through the website and read the information contained on the Web pages, we may gather certain information about your visit automatically, such as your IP address, the date and time you access a given page, and the pages you visit. We use cookies to identify return users, so that they need not log in each time they arrive.

We use data collection devices such as “cookies” on certain pages of our Websites. “Cookies” are small files placed on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a “cookie.” Cookies can also help us provide information which is targeted to your interests. We use this information to determine our members’ demographics, interest, and behavior to better understand and serve you and our community.

Please note that your personally identifiable information will be stored and processed on our computers in the United States. If you are accessing Ouchie from outside of the United States, please be aware that you are sending data to the United States. UPSIDE HEALTH, INC. will hold and transmit your information in a safe, confidential and secure environment.

Under some circumstances we may require certain additional information, including, but not limited to your credit card and/or bank account billing information. We use this financial information, including your name, address, and other information to bill you for use of our Services such as sponsorships or other advertising. By making a purchase, such as placing a sponsorship advertisement enrolling as a member of a Ouchie or engaging in any other kind of activity or transaction that uses financial information on the Website, you consent to our providing of your financial information to our service providers and to such third parties as we determine necessary to support and process your activities and transactions, as well as to your credit card issuer and/or bank for their purposes. These third parties may include the credit card companies and banking institutions used to process and support your transaction or activity.

4. Our Use of Your Information

We use information in the files we maintain about you, and the other information we obtain from your current and past activities on the Websites to resolve disputes, troubleshoot problems and enforce our Terms and Conditions. At times, we may review the data of multiple members to identify problems or resolve disputes.

You agree that we may use personally identifiable information about you to analyze Website usage, improve our content and service offerings, and customize our Website’s content, layout, and service. These uses improve our Websites and may better tailor them to meet your needs.

You agree that we may use your information to contact you and to deliver information to you such as administrative notices, service offerings, and communications relevant to your use of the Website. By accepting this Privacy Policy, you expressly agree to receive this information.

5. Sharing and Disclosure of Personal Information

Ouchie will not sell or rent your Personal Information to any individual, business, or government entity.

Ouchie will share your Personal Information with other entities if Ouchie is required to respond to court orders, subpoenas, or other legal process. Ouchie may also use customer identifiable information to investigate and help prevent potentially unlawful activity or activity that threatens Ouchie’s users or otherwise violates the Terms of Use agreement.

If you are being treated by partner of Ouchie, and agree for your information to be shared with that partner, Personal Information and updates you make on the Ouchie app and platform will be transferred and viewed through a provider dashboard. You have the opportunity to remove that you are being treated by that provider at any time and the data will no longer be shared.

Ouchie’s servers automatically gather information about which pages are visited within the Ouchie website and apps. Ouchie does not use that information except in the aggregate. This information helps us identify the type of website content or features our customers value most. We may use suppliers to assist us in collecting, using, or otherwise processing for our benefit the non- personal information obtained through the site.

We share much of our data, including personally identifiable information about you, with our parent, affiliates and/or subsidiaries that are committed to serving your online needs and related services, throughout the world. To the extent that these entities have access to your information, they will treat it at least as protectively as they treat information they obtain from their other members. Our parent, affiliates and/or subsidiaries will follow privacy practices no less protective of all members than our practices described in this document, to the extent alleged by applicable law. It is possible that Ouchie, its affiliates, and/or its subsidiaries, or any combination of such, could merge with or be acquired by another business entity. Should such a combination occur, you should expect that Ouchie would share some or all of your information in order to continue to provide the Service. You will receive notice of such event (to the extent it occurs) and we will require that the new combined entity follow the practices disclosed in this Privacy Policy, as it may be amended from time to time.

6. Security

Ouchie uses industry standard practices to safeguard the confidentiality of your personal identifiable information. Ouchie treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by others inside and outside the company. However, “perfect security” does not exist on the internet.

7. Access

We restrict access to nonpublic information to people on the Ouchie team who need to access that information in order to provide Ouchie service to you. You have the right to request access to the information we have about you. If you believe that any of the information we have about you is incorrect, you are welcome to contact us so we can update it and keep your information accurate.

8. Lawful Use of Site

Ouchie apps and website services may only be used for lawful purposes. Transmission of any material in violation of any US or state or local law, rule or regulation is strictly prohibited. This includes, but is not limited to: copyrighted or trademarked material; material legally judged to be threatening or obscene; material protected by trade secret; or material which violates a legally protected privacy right of an individual. Persons under the age of 13 may not access Ouchie.

Ouchie operates in full compliance with the Digital Millennium Copyright Act of 1998 (DMCA). Ouchie is compliant with the EU’s General Data Protection Regulation (GDPR). Ouchie will cooperate with local, state and federal courts and law enforcement agencies in the investigation and prosecution of claims of illegal activities when legally obligated to do so. Ouchie will comply with all legally enforceable subpoenas, search warrants, court orders and other forms of legal process. Under Ouchie’s Terms and Conditions, the customer agrees to indemnify and hold UPSIDE HEALTH, INC., its, officers, directors, employees and agents, harmless from any claims, liabilities and expenses, including reasonable attorney’s fees, resulting from the customer’s use or misuse of the service which damages Ouchie, its officers, directors, employees and agents, as well as any user, or another party.

9. Amendments

Ouchie will keep this policy current and reserves the right to change this policy at any time by amending the content of this Statement. Ouchie will post a notice of changes on the Ouchie website and apps, when and if the policy is amended. This Statement and the policies expressed herein are not intended to and do not create any contractual or other legal rights in or on behalf of any customer, user, or other third party.

10. Ownership

Ouchie is the exclusive trade name and mark of UPSIDE HEALTH, INC.