Diem is a health and fitness software application that connects to your activity trackers and other wireless-enabled wearable technology devices to measure data such as the number of steps walked, quality of sleep, steps climbed, and other personal metrics. It utilizes your weight, height, gender, and disclosed medical conditions to give you health and fitness goals such as calories to burn, nutrients to eat, or how to exercise.
Please note that the Diem App is not created or managed by medical professionals. It is not intended to provide, or take the place of, medical diagnoses or advice. It is important to consult a licensed medical professional before making any changes to your diet or exercise routine. Thus, as a result, while Diem may have access to certain medical and biometric data, it is not a healthcare provider or covered entity subject to the rules and regulations of HIPAA.
About this Privacy Notice
Thank you for downloading the Diem App! We care about your privacy, so please read the following information carefully. It tells you when this Notice is effective, what information we collect from you, how we might use it, how you can review or change the personal information you provided to us, how we may change this Notice, and the steps we take to ensure that your personal information is protected. You are entitled to know once a year what information, if any we share with other businesses and for what purposes. You can request this information by contacting us at [email protected]. By using the Diem App, you consent that we may process the data that we collect from you in accordance with this Privacy Notice.
Agreement to Terms
Effective Date and Changes to this Notice
This Privacy Notice is effective as of the date above, and will remain in effect until a new Notice supersedes it. We may choose to update this Notice at our discretion, so you should these terms periodically as the terms may change from time to time. The most recent version of the Notice will be reflected by the “last updated” date noted at the top of the page. Your continued use of the application will constitute your acknowledgment of the Notice in its current version and your understanding of the terms of the Notice.
When and How Information About you is Collected
“Personal Data” means data that allows someone to identify or contact you, including, for example, your name, phone number, zip code, and e-mail address. “Anonymous Data” means data about you that is not associated with or linked to your Personal Data (but does not include Application Data, which is covered later in this Privacy Notice); Anonymous Data does not permit the identification of individual persons. We collect Personal Data and Anonymous Data, as described below.
When you create a Diem account, we ask for some personal information, including your email address and date of birth. Your email address will be your Diem account user name, which you will use to log-into your account. We do not display your email address to other users. Instead, others will see the name or nickname you enter in your profile settings.
You can also create your Diem account using a different credential such as a Facebook or Google+ account. We will ask permission to access basic information from that account, such as your name, profile picture, and friend list. You can stop sharing that information with us at any time by removing Diem’s access to that account. We will access your phone’s contact list for the purpose of letting you identify contacts who are Diem users. We do not store your phone’s contact list, and it is deleted immediately after it is used for this purpose.
When you download the Diem App or install Software and enter information about yourself, we use this information to personalize your fitness stats–for example, calories burned and distance traveled. Depending upon the specific Device you use, it can collect data such as the number of steps you take, your weight, measure your sleep quality and transmit this data to Diem. In addition, we (or our third-party credit card or payment processor on our behalf) will collect Personal Data including your credit card number or account information when you purchase Products or services in connection with our application. Diem collects the following information about you:
- your first and last name
- your email address
- your date of birth
- your activity data
- your gender
- your height
- your weight
- your address
We do not view or store your credit card information. This is handled by our third-party payment processor.
Why We Collect Data
Diem uses your data to provide you with the best experience possible, to help you make the most of your fitness, and to improve and protect the Diem Service.
Types of Non-Identifying Information We Collect
We may also collect general information resulting from your activity on the application, including your preferences, insights, and other tendencies. This may include anonymous “traffic data” or tracking information provided by the application’s host or similar provider of such information (i.e., Google Analytics) that does not personally identify you, but may be helpful for marketing purposes or for improving the services we offer.
Ways You Might Share Your Data
Diem does not sell your personal information or general information to third parties. However, we may provide some of our services through contractual arrangements with affiliates, services providers, partners and other third parties. For example, your data may be transferred to parties who assist in designing and operating the application, executing services, or helping us analyze collected data. These parties will only use your data for the purpose of carrying out the work as agreed with us and will be required to keep the information confidential. We will encourage our service partners to adopt and post privacy policies. However, the use of your personal information by service partners is governed by the privacy policies of those service partners and is not subject to our control.
Your traffic and transaction information may be shared with our business partners and advertisers on an aggregate and anonymous basis. We may also draw inferences from this information, aggregate this information, and use this information to inform the operation of the application, enhance your experience, or for any other lawful purpose. Such information shall be governed by this notice in the same manner as any other personal information.
We use the following third-party service providers:
- Flurry: Flurry is a mobile analytics tool powered by Yahoo!. It tracks usage, behaviors, and performance of mobile applications. We encourage you to read its Privacy Notice, which can be found on Yahoo!’s website here.
- Mail Chimp: This email marketing service tracks and targets customers based on online activities. You can read their Privacy Notice here.
- Push Notifications: Push notifications are the messages that mobile apps send to your mobile device. We send push notifications to your mobile device through services that are standard features of these mobile device operating systems. The Privacy Notice of the service provider manages access, use and disclosure of your personal data that results from your use of these services. We encourage you to read your provider’s Privacy Notice thoroughly.
- Twitter Advertising: This cookie allows us to present you with retargeting advertising for Diem products on Twitter. This Twitter FAQ explains how their advertising program works and gives you the option to adjust your Twitter settings.
- Facebook: You can adjust your Facebook advertising settings from within your Facebook account and opt-out of advertisements from within the Facebook application.
- Google Analytics: These cookies allow us to see how you use our services so we can improve your experience. We encourage you to read the Google Privacy Notice. If you prefer to not have data reported by Google Analytics, you can install the Google Analytics Opt-out Browser Add-on.
Disclosure of Your Information for Security Purposes
Diem fully cooperates with law enforcement agencies in identifying those who use our services for illegal activities. We will release personal or general information without your consent for security purposes, when required by law, or to prevent imminent harm to any person or entity. We will disclose personal or general information upon receipt of a court order or subpoena, or to cooperate with a law enforcement investigation, which may include responding to requests and court orders from jurisdictions outside the United States. We reserve the right to report to law enforcement agencies any activities that we in good faith believe to be unlawful, as determined in our sole discretion.
Social Media Features and Widgets
Our application includes social media features, such as the Facebook Like button and widgets, such as the “Share this” button or interactive mini-programs that run on our application. These features may collect your IP address and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our application. Your interactions with these features are governed by the Privacy Notice of the company providing it.
Web beacons and pixel tags are images embedded in a webpage or email for the purpose of measuring and analyzing usage and activity. Diem, or third party service providers acting on our behalf, may use web beacons and pixel tags to help us analyze usage and improve our functionality.
Social media tools, like widgets and plug-ins, are used so you can share information from Diem on other sites such Facebook and Twitter. These interactive mini-programs collect your IP address, record the pages you visit on our website, and set cookies that will enable the widget to function properly. Your interactions with these widgets are governed by the Privacy Notice of the company providing them, not by Diem’s Privacy Notice. We also use the Facebook and Twitter pixel tags to help us understand how effective our marketing is on those sites.
To make our application and related services more useful to you, our servers (which may be hosted by a third-party service provider) collect Personal Data and Anonymous Data from you, such as browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and/or a date/time stamp for your visit.
How to Deactivate Your Diem Account and How Long We Save Your Data
We store your information in our mysql database server maintained by RackSpace Cloud for as long as you maintain a Diem account. The information you provide is kept in perpetuity unless and until you tell us to delete it. You can deactivate your Diem account by going into the settings menu from your device and selecting “Delete My Account” from the menu options. If you would like all of your data removed once you’ve deactivated your account, please notify us by email: [email protected].
You may remove information stored in your device by clearing the cache on your device. If you are unsure of how to do this, please refer to the user manual for your device or contact your service provider for assistance.
Diem’s Policies for Children
Though Diem does not have a minimum age requirement to use the Diem App, it is not intended for users under the age of 13 that do not have permission from a parent or guardian. We do not knowingly or intentionally gather personal data about visitors who are under the age of 13. If you are aware of, or suspect that, someone under the age of 13 is using the Diem application without permission, please notify us immediately by contacting us at [email protected].
If you have questions or concerns about the Internet and privacy for your child, we encourage you to check out http://www.consumer.ftc.gov/articles/0031-protecting-your-childs-privacy-online.
How Does Diem Keep my Data Safe?
Diem uses a combination of technical and administrative security controls to maintain the security of your data. In addition to physical security measures such as limiting the number of persons who have access to your information, Diem uses a number of technological security measures, including password encryption, to keep your information safe. If you have a security-related concern, please contact us at [email protected].
How Does Diem Handle Data from International Visitors?
The Diem App is hosted and operated entirely in the United States and is subject to United States law. Any personal information that you provide to Diem is being transferred to Diem for use solely in the United States and will be hosted on United States servers. You consent to the transfer of your personal information to the United States. If you are accessing the Diem App from outside the United States, please be advised that United States law may not offer the same privacy protections as the law of your jurisdiction.
Questions or Comments
If you have any questions or comments relating to the Diem App or this Privacy Notice, send an e-mail to [email protected].
LAST UPDATED: FEBRUARY 12, 2016