Last Updated: October 26, 2023
Table Of Contents
- Information We Collect
- The Technologies We Use for Automatic Data Collection
- How We Use the Information Collected
- When We Disclose Information
- Your Failure to Provide Information
- Our Retention of Your Information
- Your Choices and Accessing, Updating or Deleting Your Information
- Additional Information and Privacy Rights Specific to California Residents
- Changing or Deleting Your Information
- Your Ad Choices
- Third Party Links
- International Transfers
- How We Protect Information About You
- Direct Marketing and “Do Not Track” Signals
- HIPAA Notice of Privacy Practices
- How to Contact Us
Information We Collect
We collect information about you for various purposes, including to provide better services to all our Users. We collect information about you in the following ways:
1. Information You Give to Us
You may choose to provide us with information, including your name, organization name, title, address, phone number, and email address by completing forms on our Site, such as when you request information about our Services, for User support, or to register for a program.
The Services offer interactive and social features that permit you to submit content and communicate with us. You may provide information to us when you post information in these interactive and social features. Please note that your postings in these social and community forums of the Services may be publicly accessible or accessible to other Users.
• Mobile Application
In some cases, certain information is required when creating an account to use our Services on the mobile application, such as your name, email address and password.
In addition, in order to improve your experience with the Services, you may choose to provide additional information such as your gender, birth date, ethnicity, weight, height, insurance provider, physical activity, eating habits, health goals, diet preferences, sleep tracking data, and other health information, such as heart rate, blood pressure, and glucose level. Additional information may be collected if you allow Lark to collect data using Apple HealthKit or Google Fit on your mobile device.
Lark provides real-time chat-based digital coaching and health-related information to our Users via our mobile application. We collect information via your interactions with the digital coach, such as physical activity, eating habits, mood, and weight, in order to help you set and track your progress toward achieving health-related goals.
In connection with the use of the Services, your mobile device may collect certain data points like activity and sleep habits. When your device syncs with Lark’s application, certain data recorded on your device is transferred from your device to our servers.
You may also provide us with information about yourself when you report a problem or have a question about our Services or provide our third-party service provider with payment method information for the purchase of Service subscriptions.
• Communications with a Live Coach
2. Information We Obtain from Your Use of Our Services
We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about Users’ interactions with the Services, such as a User creating or logging into their account, or opening or interacting with the Services on their mobile device. When you use our Services, we automatically collect and store certain information in service logs and sometimes in our databases. This includes: details of how you used our Services, internet protocol address, cookies that uniquely identify your browser, and the referring web page and pages visited. We may also collect and process information about your location. The information we collect automatically may or may not include information that identifies you, but we may maintain it or associate it with information that we collect in other ways or receive from third parties.
• Location Data
Lark may collect information about your general location and, with your permission, your precise GPS location when you use our Services. Some features within our application may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. Please configure your mobile device and web browser to review or revoke location access permission.
• Device ID
Summary of Information Collected
Below is a list of the types of information we collect:
We obtain the categories of information listed above from the following categories of sources:
- Directly from our Users or their agents (such as their employer or health insurance company). For example, name, email address, and other information that helps us communicate with Users so that we can invite Users to participate in our Services or determine a User’s eligibility for particular benefits.
- Indirectly from our Users or their agents. For example, through information we collect from our Users in the course of providing Services to them via our mobile application or automatically through cookies and other tracking technologies.
- From third parties, such as those that assist us in providing certain transactions and services.
- From our clients, including health plans and provider institutions through which we make the Services available to our Users.
The Technologies We Use for Automatic Data Collection
We and our partners use various technologies to collect and store information when you access our Services, such as information about your browser or device. The cookies and similar technologies that we may use for automatic data collection may include:
2. Web Beacons. The Services or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
3. Website Logging Tools. Clickstream data is information collected via website logging tools by our computers when you request web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors are interested in particular kinds of content on the Sites.
4. Mobile Device Identifiers and SDKs. A mobile SDK is the mobile app version of a web beacon (see “Web Beacons” above). The SDK is a bit of computer code that app developers can include in their apps to enable ads to be shown, data to be collected, and related services or analytics to be performed.
5. Additional Technologies: Network Advertisers and other Advertising.
HOW WE USE THE INFORMATION COLLECTED
- To present, operate or improve the Services, including data analysis and testing;
- To inform you about Services and products available from Lark;
- To contact you for the purpose of rendering the Services (such as wellness coaching) and improving User outcomes related to the same;
- To authorize access to our Services;
- To provide, maintain, administer or expand the Services, perform business analysis, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer;
- To offer and administer programs, including for payment processing;
- To personalize the Services to your goals and customize or tailor your experience of the Services, which may include sending customized messages;
- To communicate about, and administer your participation in, special programs, surveys, voting polls, contests, online campaigns, online programs, promotions, and to deliver pertinent emails and features;
- To secure our Services, including to authenticate Users;
- To use statistical information that we collect in any way permitted by law, including from third parties;
- To respond to and support Users regarding their use of the Services;
- To comply with all applicable legal requirements and protect our Users;
- To investigate and enforce our Terms and Conditions and other Lark policies including possible violations, fraud, and/or attempts to harm our Users;
- To resolve disputes;
- To otherwise fulfill the purpose for which the information was provided;
- To process job applications or inquiries about jobs with Lark;
- To assist users with scheduling an appointment with and accessing healthcare with a third party telehealth provider, OpenLoop, as defined below.
Except where prohibited by law, and only to the extent permitted by Lark’s agreements with applicable Lark Partners, we may also use your information in connection with any other services we make available to you.
When We Disclose Information
We may disclose your information at your direction or in the following circumstances:
Disclosures to Vendors and Lark Partners
Lark, and third party vendors acting on our behalf, may disclose information about you to Lark Partners or vendors acting on our behalf, for the purpose of providing the Services and related services to you or other Users, including, without limitation, determining eligibility, registering you to use the Services (i.e. authenticating your identity), logging you into the Services, providing you with information you have requested through the Services or related services, connecting you with resources and other benefits, filing of medical claims, shipping devices to you (such as weight scales), scheduling coaching appointments and, for any Services that require you to pay a fee, processing your payment and managing your subscription, as well as for Lark Partners’ administration of benefits.
Disclosures to Third-Party Telehealth Provider at your Direction
Security and Compliance with Law. Information about you and the contents of your communications through the Services may be disclosed to third parties as required by law, such as to comply with a subpoena or similar legal process, or when we reasonably believe disclosure is necessary to protect our rights (including to enforce our Terms and Conditions), protect your safety or the safety of others, investigate fraud, report improper or unlawful activity, or respond to a government request.
Non-Personal and Aggregate Site and Services Use Information. Lark may compile and disclose information in an aggregated form (i.e., in a manner that would not personally identify you) or in de-identified form so that it cannot reasonably be used to identify an individual (“De-Identified Information”). We may use and disclose such De-Identified Information for any reason, including disclosing such De-Identified Information publicly and to third parties, for example, in public reports about exercise and activity, or to Lark Partners under agreement with us. Lark may also disclose De-Identified Information for general research purposes and in research collaborations with third parties, such as universities, hospitals or other laboratories to determine the prevalence of particular conditions among Users. Lark may also use De-Identified Information for commercial collaborations with private companies for purposes such as product design or enhancement of Services.
Uses and Disclosures Permitted by Law, Including for Health Care Operations, Public Health, and Research. To the extent not prohibited by law or precluded by Lark’s agreements with the applicable Lark Partner, Lark, and any third party vendors acting on Lark’s behalf, may use and disclose information about you: (a) as required or permitted by law, including, where applicable, HIPAA, which may include disclosures to the applicable Lark Partner; (b) for Research purposes; (c) for purposes of Health Care Operations of the applicable Lark Partner; and (d) for Public Health, as each is defined and in accordance with HIPAA.
Your Failure to Provide Information
Your provision of information is required in order to use certain parts of our Services and our programs. If you fail to provide such information to us, you may not be able to access and use our Services and/or our programs, or parts of our Services and/or our programs.
Our Retention of Your Information
We may retain information about you for a period of time consistent with the original purpose for collection. For example, we keep information about you for no longer than reasonably necessary for your use of our programs and Services and for a reasonable period afterward. We may retain information about you even after your business relationship with us ends, if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms and Conditions, in copies made for backup and business continuity purposes, or to fulfill your request to “unsubscribe” from further messages from us. We may also retain De-Identified Information after your account has been closed.
Your Choices and Accessing, Updating, or Deleting Your Information
Subject to applicable law, you may request to access, update, correct, or delete the information we maintain about you by contacting us at email@example.com.
Your Rights With Respect to Information About You
You may have certain rights relating to information about you, subject to local data protection law. We aim to provide you with choices about how we use information about you. Subject to applicable law, you may obtain a copy of the information we maintain about you. In addition, if you believe that information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.
Additional Information and Privacy Rights Specific to California Residents
This California-specific section (the “California Notice”) only applies to personal information that Lark controls as a “business” (as defined in the CCPA). It does not apply to protected health information subject to HIPAA or personal information collected and processed by Lark on behalf of Lark Partners. It also does not apply to information collected about employees, former employees, candidates, or independent contractors. In this California Notice, the terms “personal information,” “sensitive personal information,” and terms in quotations have the meanings set forth in the CCPA.
The categories of sensitive personal information we may collect are: (1) account log-in and password or other credentials allowing access to an account; (2) geolocation; (3) biometric information; (4) genetic information; and (5) health information. Users may also voluntarily provide us with other information that may be considered “sensitive personal information” under the CCPA. The CCPA allows you to limit the use or disclosure of your “sensitive personal information” (as defined in the CCPA) if it is used for certain purposes. Please note that we do not use or disclose sensitive personal information other than for purposes for which you cannot opt out under the CCPA.
California law may grant you certain rights with respect to your personal information. Below we further outline specific rights which California residents may have under the CCPA.
- Right to Access Your Data. You have the right to request that we provide access to your personal information, including categories of personal information we have collected or disclosed about you and the reason we collected or disclosed such information.
- Right to Delete Your Data. You have the right to request that we delete certain information we have about you.
- Right to Correct Your Data. You have the right to correct personal information we maintain about you that is inaccurate.
- Right to Non-Discrimination for the Exercise of Your Privacy Rights. You have the right not to receive discriminatory treatment by us for exercising your privacy rights conferred by the California Consumer Privacy Act.
- Right to Opt Out of “Sales” or “Sharing” of Your Personal Information. We may provide personal information to advertising providers to provide more relevant and tailored advertising to you, and to analytics providers to assist us in understanding how our Users interact with the Services. These disclosures may be considered a “sale” of your personal information or “sharing” of your personal information for purposes of “cross-context behavioral advertising” as defined by the CCPA. To opt out of “sales” and “sharing” of your personal information for these purposes, please utilize the opt-out tools in the section on Your Ad Choices.
Exercising Your Rights
If you are a California resident who chooses to exercise your rights, you can:
- Submit a request via email at: firstname.lastname@example.org ; or
- Call 650-381-9225 to submit your request.
You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney or other signed, written permission to make such requests. We may also follow up with you to verify your identity before processing the authorized agent’s request as permitted by applicable law.
Our Response to Your Request
Upon receiving your request, we will confirm receipt of your request by sending you an email. To help protect your privacy and maintain security, we may take steps to verify your identity before honoring your request. In some instances, such as a request to delete information about you, we may first separately confirm that you would like for us to in fact delete information about you before acting on your request.
We will respond to your request in accordance with applicable law. If you have an account with Lark, we may deliver our written response to that account. If you do not have an account with Lark, we may deliver our written response by mail or electronically, at your option.
Please note that certain information may be exempt from such requests under applicable law. For example, we may retain certain information for legal compliance and to secure our Services. We may need certain information in order to provide the Services to you; if you ask us to delete it, you may no longer be able to use the Services.
Changing or Deleting Your Information
You may update or correct information about yourself by making changes to your profile by emailing us at email@example.com. If you completely delete all such information, then your account may become deactivated. We may retain an archived copy of your records as required by law, to comply with our legal obligations, to resolve disputes, to enforce our agreements or for other legitimate business purposes.
We may use email addresses to provide you with any Service-related notices, or to provide you with information about our events, invitations, or related educational information. If we have sent you a marketing email, you may choose not to receive subsequent marketing emails from us by following the unsubscribe instructions in each email.
Your Ad Choices
Third Party Links
The Services are hosted in the United States. Certain Lark personnel, Lark Partners, and some of the third-party service providers to whom we disclose information (as set forth above) may be located in the United States and other countries, including in countries that may not provide the same level of data protection as your home country. We take steps to ensure that recipients of your information are bound to duties of confidentiality and we implement measures such as data protection contractual clauses to ensure that any transferred information remains protected and secure.
How We Protect Information About You
Lark maintains administrative, technical and physical safeguards designed to protect Users’ information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. These safeguards vary based on the sensitivity of the information that we collect, process and store and the current state of technology. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
The Services are not intended for use by children and the majority of our Services are only offered to members of participating health plans who are 18 years of age or older. We do not intentionally gather personal information about visitors who are under the age of 13. If a child has provided us with personal information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under the age of 13, please contact us at firstname.lastname@example.org. If we learn that we have inadvertently collected personal information from a child under the minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible and prevent that User from utilizing our Services as required by applicable law.
Direct Marketing and “Do Not Track” Signals
Lark does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.
California residents are entitled to contact us to request information about whether we have disclosed Information to third parties for the third parties’ direct marketing purposes. Lark does not disclose Information to third parties for their direct marketing purposes. California users may request further information about our compliance with this law by emailing us at email@example.com.
HIPAA Notice of Privacy Practices
Certain of our Services may also be subject to separate HIPAA Notices of Privacy Practices. To read more about Lark’s privacy practices regarding health and medical information under HIPAA, please visit https://www.lark.com/hipaa-notice-of-privacy-practices
How to Contact Us
Send email to: firstname.lastname@example.org
Send mail to our address:
Lark Technologies, Inc.
Attn: Legal Department
2570 El Camino Real
Mountain View, California 94040