Brightway Events Terms of Service

 

Last Updated: 1/6/21

 

Our Brightway Events App (hereafter “Events”, “Brightway Events”, “Platform”, or “App”) Terms of Service contain important information about your legal rights.

 

1. This Agreement

 

1.1 The Agreement. Brightway Events enables you and other members to join real-world groups, classes, and events. The terms “Brightway Events,” “we,” “us,” and “our” includes Brightway Health and our corporate affiliates or subsidiaries. We use the terms “you”, “your”, “member”, and “user” to mean any person using our App, and any organization or person using the App on an organization’s behalf. We provide our App to you subject to these Terms of Service. We use the terms “Terms of Service” and “Agreement” interchangeably to mean this document. Your use of the App signifies that you agree to this Agreement. If you are using the App for an organization, you agree to this Agreement on behalf of that organization, and represent you have authority to bind that organization to the terms contained in this Agreement. If you do not or are unable to agree to this Agreement, do not use our App.

1.2 Revisions to this Agreement. We may modify this Agreement from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this Agreement, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our App. By continuing to use the App after any changes come into effect, you agree to the revised Agreement. If you do not wish to accept the revised Agreement, you can close your account.

2. Your Account and Membership

2.1 Eligibility. Our App is available to anyone who is at least 18 years old. You represent that you are at least 18. Additional eligibility requirements for a particular event may be set by the event’s organizers.

2.2 Modification, Suspension, and Termination of Your Account. We may modify, suspend, or terminate your account or access to the App if, in our sole discretion, we determine that you have violated this Agreement, including any of the policies or guidelines that are part of this Agreement, that it is in the best interest of the Brightway Events community, or to protect our brand or App. When this happens, we will notify you of the reasons for the modification, suspension, or termination. We also may remove accounts of members who are inactive for an extended period of time. Please email support@brightwayhealth.org if you believe the modification, suspension, or termination has occurred in error.

2.3 Account Information and Security. When you register, you provide us with some information, including an email address, name, state of residence, type of user, and a password. Keep your email address and other account information current and accurate. Also, you agree to maintain the security and confidentiality of your password (or else we may need to disable your account). We strongly encourage you to choose a strong and unique password that is not shared with any other account or online service and practice other healthy password security habits to help avoid unauthorized access to your account. You alone are responsible for anything that happens from your failure to maintain that security and confidentiality, such as by sharing your account credentials with others. If someone is using your password or accessing your account without your permission, email us at support@brightwayhealth.org.

2.4 License to the Brightway Events App. Subject to your compliance with this Agreement, Brightway Events grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the App in order to access and use the services and features that we make available to you.

2.5 Disclaimer. The Brightway Events App is intended to provide general educational information and to help users more easily arrange for health care services. The App is not an attempt to practice medicine or to provide specific medical advice and should not be used to make a diagnosis or to replace or overrule a qualified healthcare provider's judgment. Nor should users rely upon the App if they might need emergency medical treatment. We strongly encourage users to consult with a qualified healthcare professional for answers to personal questions.

Participation in events listed on the App does not establish a doctor-patient relationship. Should you electronically request a referral to Brightway Health, we will use the information you submit to arrange for care where appropriate. You assume full responsibility for using the information on the App, and you understand and agree that Brightway Health Partners and its affiliates are not responsible or liable for any claim, loss, or damage resulting from its use by you or any user. While we try to keep the information on the App as accurate as possible, we disclaim any warranty concerning its accuracy, timeliness, and completeness, and any other warranty, express or implied, including warranties of merchantability or fitness for a particular purpose. This disclaimer applies to information not only in the English version but also in other languages translated by the site translator. Brightway Health also does not warrant that access to the site will be error or virus-free.

The App provides access to other websites for your convenience. Brightway Health is not responsible for the availability, accuracy, or content of those external sites, nor does it endorse them.

 

3. Fees, Payments, and Offers

3.1 Fees Charged by Brightway Events. Use of some of the features on our App is free, and we charge fees for other features. We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our App. If we implement a new or modified fee, we will give you notice in advance such as by posting changes on our App or sending you an email. You agree to pay those fees and any associated taxes for your continued use of the applicable service. Unless otherwise stated, all fees and all transactions are in U.S. dollars. Members based in the European Union may cancel with a full refund within 14 days after signing up to our App. However, if you use the service, you may be charged for services provided during this 14-day period. Please note that this 14-day period begins when the service starts even if you are using a free trial. Users based in the European Union can exercise their cancellation right by emailing us at support@brightwayhealth.org.

3.2 Fees Charged by Organizers. Organizers may impose fees for their events, such as member dues or an event fee. Organizers may also have their own refund policies. Payments made to organizers are handled outside of the App. If a member pays a fee to an organizer, the member authorizes the organizer (and the organizer’s applicable payment service provider) to charge the designated payment method for the total amount of the fees, including any applicable taxes and other charges. Certain types of fees charged by organizers may be billed on a recurring basis. If billed on a recurring basis, you authorize the organizer to charge the applicable fee to the designated payment method.

3.3 Payments to Brightway Events. You are responsible for paying subscription and any other applicable fees to Brightway Events on time and through our approved payment methods. Members who allow their subscription to lapse are subject to removal from the associated service. You may only pay fees to Brightway Events using a valid payment method acceptable to us, as specified via the App. If we terminate, suspend, or remove your account in connection with violation of this Agreement, we are not obligated to refund any subscription fees paid via the App. In addition, if you paid your organizer fees through the Brightway Events app for iOS, your payment is subject to the Apple Media Services Terms and Conditions, and you will need to submit your request for a refund to Apple.

You represent and warrant that you are authorized to use the payment method you designate via the App. You authorize us (and our designated third-party payment processors) to charge your designated payment method for the total amount of any fees you owe to Brightway Events, including any applicable taxes and other charges. If the payment method cannot be verified, is invalid, or is otherwise not acceptable to us, your payment may be suspended or cancelled. We reserve the right to adjust, or to instruct our payment processors to make adjustments to a payment that has already been requested or received, in order to correct errors or mistakes, or to issue refunds, in accordance with our Payment Policies.

3.4 Automatic Subscription Renewals. Fees for certain aspects of our App may be billed on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via the App with no refunds. We will automatically bill you for each renewal period until cancellation. By purchasing any feature or other aspect of our App for which we charge, you authorize us to keep your payment current by charging the applicable fee to your credit card account (or any other means of payment used by you).

3.5 Free Trials. We may offer free trials of subscriptions and other products on our App. We will inform you of the length of the free trial, your renewal period, and the date and amount of your first payment. After your free trial ends, your paid subscription will begin and we will automatically bill you for each renewal period until cancellation. You can cancel automatic subscription renewals at any time according to the terms and procedures described above. Users based in the European Union are entitled to cancel with a full refund within 14 days after signing up to our App by emailing us at support@brightwayhealth.org. Please note that this 14-day period begins when the free trial starts.

3.6 Third Party Payment Processors. An organization that accepts payments from users must comply with the terms and conditions of the third party provider of the applicable payment service used to receive the payment. Brightway Events does not provide those payment services, is not a party to your agreement with the applicable third-party provider, and will not be liable or responsible for your use of those third-party payment services.

4. Your Content and Privacy

4.1 Your Content. You are responsible for the Content that you post to the App or otherwise provide to Brightway Events. We use the word “Content” to mean the information, material, and any other content that you post to the App or otherwise send to us.

By being responsible for your Content, you agree, among other things, that:

  • You have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the Content to the App and to Brightway Events;

  • Your Content does not include personal, private or confidential information belonging to others; and

  • Your Content does not otherwise violate the rights of any individual or entity.

4.2 Organization’s Content. We do not claim ownership of event or organization information on Brightway Events. All event information included on the App is sourced from publicly available websites and belongs to the event’s organization. If you represent such an organization, you may choose to add, update, or remove event information from the App by emailing us at support@brightwayhealth.org.

4.3 Privacy. Brightway Events collects registration and other information about you through our App. Please refer to our Privacy Policy for details on how we collect, use, and disclose this information. These policies do not govern use of information that you provide to third parties, such as to event organizers and other members of Brightway Events’s App.

5. Your Use of Our App

5.1 Our Policies, Guidelines and Applicable Laws. When you use our App, we require that you follow this Agreement and all applicable laws, rules and regulations, and to not violate or infringe the rights of any third party.

In addition, your access to and use of some areas or features of the App may be subject to additional terms, policies, standards or guidelines (“Additional Terms”). You may be required to accept these Additional Terms before you can access these App areas and features. If there is a conflict between the Terms of Service and the Additional Terms, those Additional Terms will govern your access to and use of that App area or feature, unless otherwise specified in the Additional Terms.

When you join an event that is not organized by Brightway Health, you may be required to comply with the terms of service that apply to that event or organization.

If you do not comply, we may modify, suspend, or terminate your account or access to the App, in our sole discretion, and we will provide you with reasons for the modification, suspension, or termination. Please email support@brightwayhealth.org if you believe the modification, suspension, or termination has occurred in error.

5.2 Content of Others. Brightway Events does not control the Content of other members. When we become aware of inappropriate Content on our App, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for, the Content of other members.

5.3 Interactions with Others. Brightway Events is not a party to any offline arrangements made through our App. Brightway Events does not conduct or require background checks on members and does not attempt to verify the truth or accuracy of statements made by members. Brightway Events makes no representations or warranties concerning the conduct or Content of any members or their interactions with you.

Tip: Exercise common sense and good judgment when using our App and interacting with other members, both on our App and while participating in events. If you have a concern regarding other members, you can report it to support@brightwayhealth.org.

5.4 Prohibited Uses of the App. Our App contains proprietary and confidential information and is protected by intellectual property and other laws. Unless we expressly permit it through this Agreement, you agree that you will not, either directly or indirectly (a) use, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, or create derivative works of the App, or any portion of the App; (b) remove or alter the proprietary notices on the App; (c) reverse engineer, disassemble, decompile, or attempt to discover the source code or structure, sequence, and organization of the App; and (d) rent, lease, resell, distribute, or use the App for commercial purposes that are not contemplated by this Agreement. You also agree that you will not use the App to solicit or collect (i) personal data from others except as necessary for the administration of or participation in a group or event or (ii) sensitive personal data, as defined or treated as such under applicable law (including, by way of example only, health information and social security numbers and other government identifiers). In addition, you agree that you will comply with the export control laws of your local jurisdiction. You also represent and warrant that you are not located in a country that is subject to a U.S. government embargo or that has been designated by the U.S. government as a “terrorist supporting” country, and that you are not listed on any U.S. government list of prohibited or restricted parties.

5.5 App Safety and Security. You agree that you will not, either directly or indirectly, (a) extract data from the App for a commercial purpose not permitted by these Terms of Service, whether through use of an automated system or software, and whether operated by a third party or otherwise (“screen scraping,” “data scraping,” or “web scraping”); (b) engage in any activity that interferes with or disrupts, that is designed to interfere with or disrupt, or imposes undue burdens on the App or its systems.

If you use, retain, and otherwise process personal data collected from the App, you must do so in accordance with applicable laws, rules, and regulations and solely for purposes of administering and participating in events on the App.

5.6 App Modifications. We work hard to continuously improve our App. This means that we may modify or discontinue portions or all of our App with or without notice and without liability to you or any third party.

5.7 Third Party Sites and Services. The App contains links to third party sites, and is integrated with various third party services, applications and sites that may make available to you their content and products. We don’t control these third parties and aren’t responsible for those sites or services or their content or products. These third parties may have their own terms and policies, and your use of them will be governed by those terms and policies. You do not have a license to use the intellectual property of third parties merely by way of your access to our App.

6. Release

To the full extent permitted by applicable law, you agree to release us and our officers, directors, shareholders, agents, employees, consultants, corporate parent, affiliates, subsidiaries, sponsors, and other third-party partners (“Brightway Health Parties”) from claims, demands, and damages (direct and consequential) (“Claims”), arising out of or in any way connected with any transaction with a third party, your interactions with other members, or in connection with a group, class, or other event listed on Brightway Events. You also agree, to the full extent permitted by applicable law, to release event organizers from Claims based on an organizer’s negligence arising out of or in any way connected with their Content or event. The law in some countries and states do not allow the release, so these limits may not apply to you. You waive and relinquish all rights and benefits that you have or may have under Section 1542 of the California Civil Code or any similar provision of statutory or non-statutory law of any other jurisdiction to the fullest extent permitted by law.

You acknowledge that some events listed on Brightway Health carry inherent dangers, such as the risk of illness, bodily injury, disability, or death. By participating in these events, you understand and agree that you have freely chosen to assume these risks.

7. Indemnification

To the full extent permitted by applicable law, you agree to indemnify, defend and hold all Brightway Health Parties harmless from any Claims, made by any third party due to or arising out of (a) your violations of this Agreement, (b) your use, misuse, or abuse of our App, (c) your Content, (d) your violation of any law, statute, ordinance or regulation or the rights of a third party, or (e) your participation or conduct in an event listed on Brightway Events that violates this Agreement. You agree to promptly notify us of any third party Claims, cooperate with all Brightway Health Parties in defending such Claims, and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You agree not to settle any Claim without our prior written consent.

8. Warranty Disclaimer and Limitation of Liability

8.1 Warranty Disclaimer. Our App is provided to you “as is” and on an “as available” basis. To the full extent permitted by applicable law, we disclaim all warranties and conditions of any kind, including but not limited to statutory warranties, and the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We also disclaim any warranties regarding (a) the reliability, timeliness, accuracy, and performance of our App, (b) any information, advice, services, or goods obtained through or advertised on our App or by us, as well as for any information or advice received through any links to other websites or resources provided through our App, (c) the results that may be obtained from the App, and (d) the correction of any errors in the App, (e) any material or data obtained through the use of our App, and (f) dealings with or as the result of the presence of marketing partners or other third parties on or located through our App. You may have additional rights under the law of the country in which you are based. You agree that the duration of such additional rights will be limited to the full extent permitted by such law.

8.2 Limitation of Liability. To the full extent permitted by applicable law, you agree that in no event shall any Brightway Health Parties be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if any Brightway Health Parties have been advised of the possibility of such damages) arising out of or in connection with (a) our App or this Agreement or the inability to use our App (however arising, including our negligence), (b) statements or conduct of or transactions with any member or third party on the App, (c) your use of our App or transportation to or from events listed on Brightway Events, participation in or exclusion from groups or events listed on Brightway Events and the actions of you or others at such events, or (d) any other matter relating to the App. Our liability to you or any third parties in any circumstance is limited to the greater of $100 or the amount of fees, if any, you paid to us in the 12 months prior to the action that may give rise to liability. The limitations set forth above in this Section 8 will not limit or exclude liability for our gross negligence, fraud, or intentional, malicious, or reckless misconduct. Some laws do not allow the limitation or exclusion of liability, so these limits may not apply to you. If you are a member based in the EU, you have legal remedies if we cause you loss by our breach or non-performance of our legal obligations, or by our negligence, and these terms do not affect those statutory remedies.

9. Dispute Resolution

9.1 Informal Resolution. Before making any claim, you and Brightway Health agree to try to resolve any disputes through good faith discussions. We use the term “claim” in this Section 9 to mean any dispute, claim or controversy arising out of or relating to your use of our App or this Agreement, including your participation in events listed on Brightway Events. You or Brightway Health may initiate this process by sending written notice according to Section 11.2 describing the dispute and your proposed resolution. In the event that we cannot resolve the issue within 30 business days following receipt of the initial notice, you or Brightway Events may bring a claim in accordance with this Section 9. Members based in the European Union may have additional or different rights, as provided by applicable law.

9.2 Arbitration Agreement. The arbitration procedures described in this Section 9.2 applies to all members, except for members who are based in the European Union. Section 9.6 sets out the dispute resolution procedures that apply to members who are based in the European Union.

a. Mandatory Arbitration. Except as set forth in Section 9.3, you agree to submit any claim to JAMS, Inc., or its successor (“JAMS”) for final and binding arbitration. In arbitration, certain rights that you or we would have in court may not be available, such as discovery or appeal. You and Brightway Health are each expressly waiving any right to trial by judge or jury in a court of law. This agreement to arbitrate shall apply regardless of whether the claim arises during or after any termination of this Agreement or your relationship with Brightway Health.

b. Arbitration Time for Filing. Any claim subject to arbitration must be filed within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law.

c. Arbitration Procedures. Either party may commence arbitration by filing a written demand for arbitration with JAMS, with a copy to the other party according to the notice procedures in Section 11.2. The arbitration will be conducted in accordance with JAMS Streamlined Arbitration Rules and Procedures and any other applicable rules that JAMS requires (“JAMS Rules”) that are in effect as of the demand for arbitration. You agree that the U.S. Federal Arbitration Act and federal arbitration law govern the interpretation and enforcement of these arbitration provisions. Any arbitration hearings will take place in New York County, New York or elsewhere as required by JAMS Rules. Your responsibility to pay any filing, administrative and arbitrator fees will be solely as set forth in the JAMS Rules. The parties will cooperate with JAMS and each other in scheduling the arbitration proceedings, and in selecting one arbitrator from the appropriate JAMS list with substantial experience in resolving intellectual property and contract disputes. The arbitrator shall follow this Agreement and, to the extent permitted by JAMS Rules, can award costs, fees, and expenses, including attorneys’ fees, to the prevailing party, except that the arbitrator shall not award declaratory or injunctive relief benefiting anyone but the parties to the arbitration. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction.

9.3 Exceptions. You or Brightway Health may assert claims, if they qualify, in small claims court in New York County, New York or any U.S. county where you live or work. You or Brightway Events may seek injunctive relief from a court of competent jurisdiction in New York County, New York as necessary to protect the intellectual property rights of you or Brightway Events pending the completion of arbitration. Brightway Events may take action in court or arbitration to collect any fees or recover damages for, or to seek injunctive relief relating to, App operations, or unauthorized use of our App or intellectual property. Nothing in this Section 9 shall diminish Brightway Health’s right to modify, suspend or terminate your account or access to our App under Section 2.2.

9.4 Arbitration Opt Out. You may decline to resolve disputes through arbitration by emailing us at support@brightwayhealth.org within 30 days of the date you first agree to this Agreement. Your email must include your full name, residential address, the email address registered to your Brightway Events account, and a clear statement that you want to opt out of arbitration. If you opt out according to this process, then Section 9.2 of this Agreement does not apply to you. This opt-out does not affect any other sections of this Agreement, such as Sections 9.3 (Exceptions), 9.5 (Class Action Waiver), 11.5 (Governing Law), 11.6 (Judicial Forum), and 11.7 (Time for Filing).

9.5 Class Action Waiver. You agree to resolve disputes with Brightway Events on an individual basis. You agree not to bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. You are expressly waiving any right to participate in class actions, class arbitrations, private attorney general actions, and consolidation with other arbitrations.

9.6 Dispute Resolution Terms Applicable to Members Based in the EU. If you are a member based in the European Union, the mandatory provisions of the law of the country in which you are resident will apply. Nothing in this Agreement will affect your rights as a consumer to rely on the mandatory provisions of the local law that applies. If you are based in the European Union, the local laws in your European Union Member State may allow you to take legal action against Brightway Health in your Member State and to invoke certain local laws against Brightway Events. The European Commission provides for an online dispute resolution App.

10. Intellectual Property

10.1 Intellectual Property of Brightway Events. Brightway Health trademarks, logos, service marks, and service names are the intellectual property of Brightway Health. Our App, including our material on the App, are also our or our licensors’ intellectual property. You agree not to use our intellectual property without our prior written consent.

10.2 Intellectual Property of Others. Brightway Events respects the intellectual property of others, and we expect our members to do the same. We may, in appropriate circumstances and in our discretion, remove or disable access to material that we believe may infringe on the intellectual property rights of others. We may also restrict or terminate access to our App to those who we believe to be repeat infringers. If you believe your intellectual property rights have been violated, please contact us at support@brightwayhealth.org.

11. General Terms

11.1 Translation. This Agreement was written in English. If it was then translated into other languages and if there is any inconsistency between the English version and a translated version, the English language version controls.

11.2 Notices. Except as otherwise stated in this Agreement or as expressly required by law, any notice to us shall be given by certified postal mail to Brightway Health, Attn: Legal Department, 125 E Main St. #35, Kings Park, NY 11754, or by email to support@brightwayhealth.org. Any notice to you shall be given to the most current email address in your account.

11.3 Entire Agreement. This Agreement constitutes the entire agreement between you and Brightway Health, superseding any prior agreements between you and Brightway Health on such subject matter.

11.4 No Agency. No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between you and Brightway Health is intended or created by this Agreement. A member of the Brightway Events App is not Brightway Health's representative or agent, and may not enter into an agreement on Brightway Health’s behalf.

11.5 Governing Law. This Agreement and the relationship between you and Brightway Health shall be governed by the laws of the State of New York without regard to its conflict of laws provisions, except as provided in Section 9.

11.6 Judicial Forum. If our agreement to arbitrate is found not to apply to you or your claim, or if you opt out of arbitration pursuant to Section 9.4, you and Brightway Health agree that any judicial proceedings (other than small claims actions) must be brought exclusively in the federal or state courts located in New York County, New York, and you and Brightway Health agree to venue and personal jurisdiction in those courts.

If you are a member based in the European Union, you may bring judicial proceedings against us arising from or in connection with this Agreement in your country of residence. In addition, for members based in the European Union, the European Commission provides for an online dispute resolution App.

11.7 Time for Filing. Any claim not subject to arbitration must be commenced within one year after the date the party asserting the claim first knows or should know of the act, omission or default giving rise to the claim, or the shortest time period permitted by applicable law. This clause does not apply to you if you are based in the European Union.

11.8 Assignment. This Agreement is not assignable, transferable, or sublicensable by you except with Brightway Health’s prior written consent, but may be assigned or transferred by us to our corporate parent or any affiliate or subsidiary, or in connection with a merger, acquisition, corporate reorganization, sale of all or substantially all of Brightway Health’s assets, or similar transaction.

11.9 No Waiver. A party’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision and does not waive any right to act with respect to subsequent or similar breaches.

11.10 Severance. If any provision of this Agreement is found to be invalid by a court of competent jurisdiction, you and Brightway Health nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of this Agreement will remain in full force and effect.

11.11 Thank you. Please accept our wholehearted thanks for reading our Terms of Service.

11.12 Termination. If we terminate your account or access to our App, this Agreement terminates with respect to the member account that has been terminated, provided that the provisions listed in Section 11.13 will survive such termination.

11.13 Survival. Sections 3 (Fees, Payments, and Offers), 4.2 (Content License from You), 4.3 (Privacy), 6 (Release), 7 (Indemnification), 8 (Warranty Disclaimer and Limitation of Liability), 9 (Dispute Resolution), and 11 (General Terms) of this Agreement, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.

11.14 Titles. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

11.15 Violations. Please report any violations of this Agreement by a member or third party by sending an email to support@brightwayhealth.org.

Brightway Events Privacy Policy

 

Last Updated: 1/10/21

 

Our Brightway Events Privacy Policy explains how Brightway Health collects, uses, and discloses information about you when you use the Brightway Events app. The terms “Brightway Health,” “we,” “us,” and “our” include Brightway Health and our affiliates. We use the terms “member,” “user,” “you,” and “your” to mean any person using Brightway Events or attending related events, including any organization or person using the App on an organization’s behalf. This Privacy Policy applies to the processing of information about members and other individuals that we collect when you use our “App,” which means the Brightway Events application. For information about choices you may have under this policy, please see “Your Choices” below. This Privacy Policy does not apply to the information that you may provide to third parties, such as members, and others with whom you may share information about yourself. For more information about the scope of our Privacy Policy, please see Section 4.5. 

 

1. Collection Of Information

 

1.1 Information You Provide to Us

We collect information that you provide directly to us. For example, we collect information that you provide when you create an account, choose interests or groups, fill out a form, or communicate with us. The types of information that we may collect include identifiers, such as your name, username, password, email address, postal address or state of residence, and phone number; payment and commercial information, such as payment method data and purchases, if any; demographic information and any other personal information that you choose to provide, such as photos, choices of interests, events, and groups. Certain information about yourself is optional to provide. Your choice of events is also optional, but we are required to process this information in order to administer your account, and to indicate that you are a member of the groups that you join. See Section 2 to learn how we will use the information that you provide to personalize our recommendations and other content to you.

On occasion, the information that you give us when you join a group may imply information about your health conditions. This, and other kinds of sensitive information, is given special protection in accordance with applicable law. Posting personal or sensitive information about others without their permission is not permitted.

1.2 Information We Collect Automatically When You Use the App

When you use the Events App, we automatically collect internet and other electronic network activity information about you and other information, including:

  1. Log Information: We collect log information about your use of the App, including the time, duration, and frequency of your access; App pages viewed; and your IP address.

  2. Device Information: We collect information about the computer or mobile device that you use to access the App, including the hardware model, operating system and version, unique device identifiers, and mobile network information.

  3. Geolocation Information: We may collect information about the location of your device each time you use our App based on your consent to the collection of this information, such as when you enable location services.  For further information see Section 5.2.  We may also collect information, such as your IP address, that can sometimes be used to approximate your location based on your device settings.

  4. Information Collected by Cookies and Other Tracking Technologies: We and our service providers collect information using various technologies, including cookies and pixel tags (which are also called clear GIFs, web beacons, or pixels). Cookies are small data files stored on your hard drive or in device memory that help us improve our Platform and your experience, and track usage of our Platform. Pixel tags are electronic images that may be used in our Platform or emails, and track usage of our Platform and effectiveness of communications.

  5. Other Information: Based on your consent, we may collect other information from your device, such as photos from your camera roll or calendar information you want to manage via the App.

1.3 Information We Collect From Other Sources

We may collect information about you from other sources, such as through certain features on the App you elect to use. We rely on these third parties to either have your consent or ensure that they are otherwise legally permitted or required to disclose your information to us. Examples include:

  1. Social Media Services. If you register or log into your account through a third-party social media service, we will have access to some of your third-party account information from that service, including identifiers, such as your name and other information in that account, and used for purposes such as improving your recommendations. We may also have access to third-party account information if you use the App feature to share a link.

  2. Member Content. We may receive information about you when you or another member uploads photos or posts other content to the App. For further details about the rights over this information available to individuals, see Section 6.

  3. Current or Future Corporate Affiliates. We may receive information about you from our current or future corporate parents, subsidiaries, or affiliates.

  4. Information From Other Third-Party Sources. In order to provide you with more tailored recommendations, we may obtain information about you from publicly and commercially available sources, such as third-party publishers, advertising networks, and service providers that we use to manage our ads on other sites, and other third parties as permitted by law. For more information about the data that we obtain from these providers, please contact us at support@brightwayhealth.org.

 

We may analyze and make inferences from the information we collect.

2. Use Of Information

2.1 Operating our App

 

We may use information about you described above for various business purposes related to operating our App, including to: 

  1. Provide, maintain, and improve our App, including to process transactions, develop new products and services (for example, including you in tests or pilots of new or revised App functions, such as messaging or search functionality or using information about your usage of the Platform to develop new or revised messaging or search functionality), and manage the performance of our App;

  2. Display information about you, for instance, your list of interests, which will be visible on your profile;

  3. Personalize the App, for example, to suggest content in which we think you may be interested;

  4. Allow you to share information about your use of the App through a third-party social media service, if you connect your account through that service (which you can turn off at any time) and to provide you with better recommendations;

  5. Monitor and analyze trends, usage, and activities in connection with our App;

  6. Detect, investigate, and prevent fraudulent transactions, abuse, and other illegal activities; to protect the rights, property, or safety of Brightway Health and others; to enforce compliance with our policies; and to comply with applicable law and government requests; and

  7. Perform accounting and administrative tasks, and enforce or manage legal claims.

 

2.2 Communicating With You

 

We may use information about you for various business purposes related to communicating with you, including to:

  1. Respond to your comments, questions, and requests, and provide customer service;

  2. Communicate with you, in accordance with your account settings, about products, services, and events offered by us and others, to provide news and information that we think will be of interest to you, to conduct online surveys, to contact you about events on our Platform that are being held near your location, and to otherwise communicate with you in accordance with Section 2.3;

  3. Notify you about communications of other members, in accordance with the communication preferences that you indicate in your account; and

  4. Send you technical notices, updates, security alerts and support, and administrative messages.

 

2.3 Advertising And Other Uses

 

We may use information about you for various other business purposes, including to:

  1. Provide content, features, or sponsorships that match member profiles or interests;

  2. Facilitate contests and other promotions;

  3. Send you marketing communications, subject to applicable law;

  4. Combine with information that we collect for the purposes described in this Privacy Policy; and

  5. Carry out any other purposes described to you at the time that we collected the information.

 

2.4 Legal Basis for Processing

 

If you are in a jurisdiction that requires a specific legal basis for processing personal data, our legal basis for collecting and using the information described above will depend on the type of information and the specific context in which we collect it.

  1. We process information about you in order to provide our services in accordance with our Brightway Events Terms of Service, for example, to allow you to join events; to allow us to send you important service updates; and to perform a contract.

  2. We also process information about you where it is in our legitimate interests to do so and not overridden by your rights (for example, in some cases for direct marketing, fraud prevention, network and information systems security, responding to your communications, the operation of networks of groups by the network administrators, and improving our Platform).

  3. Sometimes you provide us with sensitive information about you; for instance, the mere fact of joining a certain event may indicate information about your health. Joining such groups or posting information on the Platform about these topics is entirely voluntary and, depending on the settings of the event and your profile, our legal basis for processing any sensitive information is either that you manifestly make it public or your explicit consent.

  4. In some cases, we may also have a legal obligation to process information about you, or may otherwise need the information to protect your vital interests or those of another person. For example, we may process information, if we believe doing so is required by, or in accordance with, applicable law, regulation, legal process, or audits.

3. Sharing Of Information

3.1 Through Our Platform

 

We share some of the information that we collect by displaying it on our App according to your member profile and account settings. No information is public by default, but some information, such as your name, will be shared with other members and the event organizer(s) when joining a Brightway Health event.

 

3.2 With Our Service Providers

 

We may use service providers in connection with operating and improving the App to assist with certain business purposes, such as payment processing, email transmission, conducting surveys or contests, data hosting, managing our ads, and some aspects of our technical and customer support. These service providers, which include data analytics providers, may access, process, and store information about you on our behalf for the purposes we authorize, subject to confidentiality obligations.

 

3.3 Following The Law And Protecting Brightway Health

 

We may access, preserve, and disclose information about you to government entities and other third parties, including the content of messages, if we believe disclosure is in accordance with, or required by, applicable law, regulation, legal process, or audits. We may also disclose information about you if we believe that your actions are inconsistent with our Terms of Service or related guidelines and policies, or if necessary to protect the rights, property, or safety of, or prevent fraud or abuse of, Brightway Health or others. 

 

3.4 Social Sharing And Other Tools

 

The App may offer social sharing features and other integrated tools which let you share actions that you take on our App with third-party services, and vice versa. Such features let you share information with your friends or the public, depending on the settings you have chosen with the service. The third-party services' use of the information will be governed by the third parties’ privacy policies, and we do not control the third parties’ use of the shared data. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please review the privacy policies of the services that provide these features.

 

3.5 Affiliate Sharing And Merger, Sale, Or Other Asset Transfers

 

If Brightway Health is involved in a merger, acquisition, financing, reorganization, bankruptcy, or sale of our assets, information about you may be shared, sold, or transferred as part of that transaction. We may also share information about you with current or future corporate parents, subsidiaries, or affiliates.

 

3.6 Other Situations

 

We may de-identify or aggregate information about you, so that you can no longer be identified. Such information is not subject to this Privacy Policy.

 

We may also share information about you with your consent or at your direction or where we are legally entitled to do so. For example, your information may be shared with event organizers and others as described to you when you RSVP to an event.  Your information may also be made available to other event members and event organizers when you RSVP for or participate in an event.

 

4. Additional Details

4.1 Analytics and Advertising Services Provided by Others

 

We and others may use cookies, web beacons, device identifiers, and other technologies to collect information about your use of the Platform and other websites and online services.

 

4.2 Transfer Of Information To The U.S. And Other Countries

 

Brightway Health is based in the United States. Information about you will be transferred to, and processed in, the U.S. and countries other than the country in which you are resident. These countries may have data protection laws that are different to the laws of your country and, in some cases, may not be as protective. We have taken appropriate safeguards, such as standard contractual clauses, to require that your information will remain protected in accordance with this Privacy Policy.

 

4.3 Security

 

We employ technical and organizational measures designed to protect your information that is under our control and that we process on your behalf from unauthorized access, collection, use, disclosure, copying, modification, or disposal, both during transmission and once we receive it. For example, we store all information that you provide to us on servers on which security controls are used. We train employees regarding our data privacy policies and procedures, and authorize employees to access personal information as required for their role. We use firewalls designed to protect against intruders and test for network vulnerabilities. However, no method of transmission over the internet or method of electronic storage is completely secure.

 

Where you have a password, which enables you to use our services, you are responsible for keeping this password complex, secure, and confidential. If you would like to update or change your password, you may select the “Forgot password?” link on the login page. You will be sent an email that allows you to reset your password.

 

4.4 Data Retention

 

We may temporarily de-activate your account if you have not logged in for six months or more. You may contact us if you wish to reactivate your account.

 

We retain certain information that we collect from you while you visit or are a member of the Platform, and in certain cases where you have deleted your account, for the following business purposes:

  1. So you can use our Platform;

  2. To ensure that we do not communicate with you if you have asked us not to;

  3. To provide you with a refund, if entitled;

  4. To provide accurate accounting information to other members about the groups that they organize or administer, and associated memberships;

  5. To better understand the traffic to our Platform so that we can provide all members with the best possible experience;

  6. To detect and prevent abuse of our Platform, illegal activities and breaches of our Terms of Service; and

  7. To comply with applicable legal, tax or accounting requirements.

 

When we have no ongoing legitimate business need to process your information, we will either delete it or take steps to de-identify or anonymize it in accordance with applicable law.

 

4.5 Policy Scope

 

This Privacy Policy does not apply to information that you have provided or made accessible to third parties, such as other members, including event organizers and network administrators, and others with whom you may share information about yourself. Our App may direct you to a third-party service, such as social media services, or a portion of our Platform may be controlled by a third party (typically through the use of a frame or pop-up window separate from other content on our Platform). Disclosure of information to these third parties is subject to the relevant third party’s privacy policy. We are not responsible for the third-party privacy policy or content, even if we link to those services from our Platform or if we share information with these third parties.

 

Members, including event organizers and network administrators, are directly responsible for complying with all requirements of applicable privacy laws in connection with the information that they obtain and process for the purposes of managing their contacts, organizing and communicating with groups, or administering networks.

 

4.6 Revisions To This Policy

 

We may modify this Privacy Policy from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make any material change to this policy, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform.

5. Your Choices

5.1 Your Choices: Account Information

 

You may update or correct your account information by editing your account settings or by sending a request to support@brightwayhealth.org as described in Section 6 and Section 7. You may deactivate your account by editing your account settings. You may also request deletion of your information as described in Section 6 and Section 7.

 

5.2 Your Choices: Location Information

 

When you first access the App, depending on your device settings, we will collect information about your location, which we use to make better recommendations for groups and events in your area, and to improve our App. If you do not want us to collect information about your location, then you can prevent this by changing the settings on your device.

 

Note that our Platform or its features may no longer function properly if you change your settings.

Your mobile device settings may also give you the option to choose whether to allow us to view your geolocation on a continuous basis, only when using the app, or never. Allowing us to view your geolocation when you are not using the app allows us to provide you with recommendations on a regular basis. Please refer to your device’s guide for additional information on how to adjust location services.

 

5.3 Your Choices: Promotional Communications

 

You can control some of the messages that you receive from Brightway Health and other members by selecting the unsubscribe link in the message that you receive, or by adjusting the communication preferences in your account settings. If you opt out, we may still send you non-promotional messages, such as those about your account or our ongoing business relations. In addition, please consult the privacy policies of organizers for information about how to control or opt out of promotional messages from them off the Platform.

6. Data Rights

 

We respond to all requests that we receive from individuals who wish to exercise their data protection rights in accordance with applicable data protection laws. You can contact us with your request by sending an email to support@brightwayhealth.org. You can also request deletion of your account and personal information by emailing us.

 

Rights that you may have, depending on the jurisdiction in which you live, may include:

  1. Accessing, correcting, updating, or requesting deletion of your information.

  2. Objecting to processing of your information, asking us to restrict processing of your information, or requesting the portability of your information.

  3. Opting out from receiving marketing communications that we send you at any time. You can exercise this right by selecting the “unsubscribe” or “opt-out” link in the marketing emails we send you. Additionally, you may update your email preferences by changing the settings in your account.

  4. Withdrawing your consent at any time if we have collected and processed your information with your consent. Withdrawing your consent will not affect the lawfulness of any processing that we conducted prior to your withdrawal, nor will it affect processing of your information conducted in reliance on lawful processing grounds other than consent.

  5. Complaining to a data protection authority about our collection and use of your information. For more information, please contact your local data protection authority. Contact details for data protection authorities in the European Union are available here.

 

Note that Brightway Health is a controller of your information. Other members, such as event organizers, may also act as controllers of your information. You should contact these members if you have any questions about how they use information that you have provided to them.

7. California Privacy Rights

During the preceding 12 months, Brightway Health has collected, used, and shared the categories of personal information described above in this Privacy Policy. We do not consider the ways we share your information as a “sale” for purposes of California law. California residents have certain rights to access and delete their personal information and to request transparency about our privacy practices.  If you would like to access or delete your information, or otherwise exercise your rights under the CCPA, please see Section 6. Once we receive your request, we may verify it by requesting information sufficient to confirm your identity, including by asking you for additional information. Consistent with California law, if you choose to exercise your rights, we will not charge you different prices or provide different quality of services for exercising your rights unless those differences are permitted by law. If you would like to use an agent registered with the California Secretary of State to exercise your rights, we may request evidence that you have provided such agent with power of attorney or that the agent otherwise has valid written authority to submit requests to exercise rights on your behalf.  

8. Contact Us

 

Under European data protection law, the controller of your information is Brightway Health.

 

If you have any questions or complaints about this Privacy Policy or how we use your information, please contact support@brightwayhealth.org.