Last Updated: 4/13/2021

Newtopia, Inc. (“Newtopia,” “Company,” “we,” or “us”) knows that you care about how your Personal Information is used and shared and we take your privacy seriously. Please read the following information to learn more about our Privacy Policy, which was prepared to explain how we use and disclose the information we collect about you when you access or use Newtopia.com, other digital services that we own or operate (including any other websites, linked pages, features, content, or mobile applications offered by the Company), and the services we offer (collectively, the “Services”). This Privacy Policy is incorporated into and made part of our Terms of Use (“Terms”).

If you do not understand our Privacy Policy, please contact us using the information in the “Contact Us” section below. By accepting our Privacy Policy, signing the HIPAA authorization during registration, and subsequently by accessing or using our Services, you expressly consent to our collection, use, and disclosure of your Personal Information (as defined below) in accordance with this Privacy Policy.

Note that the capitalized terms not defined in this Privacy Policy shall have the meanings set forth in our Terms.  Additionally, as used in this Privacy Policy, the terms “using” and “processing” information include, among other things, using cookies on a computer, subjecting the information to statistical or other analysis, and using or handling information in any way; including, without limitation, collecting, storing, evaluating, modifying, deleting, using, combining, disclosing, and transferring information within our organization or among our affiliates within the United States or internationally, as well as using Personal Information to respond to user / applicant inquiries and provide the requested products and services.

1. WHAT DOES THIS PRIVACY POLICY COVER? 

Personal Information – In General.  This Privacy Policy covers how we use and disclose information that could reasonably be used, directly or indirectly, to contact or identify you. Such information includes direct identifiers, such as your name and contact information, as well as information about your use or potential use of our Services that could reasonably be linked to you (collectively, “Personal Information”). This Policy does not apply to the practices of companies and / or sites that we do not own or control, or to individuals that we do not employ or manage. Where you are accessing or using our Services as part of a personalized lifestyle plan or in connection with other Newtopia programs and offerings (collectively, “Newtopia Programs”), our use and disclosure of your Personal Information is subject to and restricted by any authorization or consent form you sign and, if the Newtopia Programs are offered through your employer sponsored health plan, by our contract with your employer and health plan.

Protected Health Information.  We are dedicated to maintaining the privacy and integrity of your protected health information (“PHI”). PHI is Personal (individually identifiable) Information about you that relates to (a) your past, present, or future physical or mental health or condition, (b) the provision of Newtopia Programs to you, or (c) your past, present, or future payment for the provision of Newtopia Programs, which is created, received, transmitted, or maintained by the Company. This Privacy Policy describes how we protect your privacy as a visitor to, or general user of our Services. You have additional rights under applicable federal and state law with respect to the access to, use, and disclosure of Personal Information that constitutes PHI. We use and disclose your PHI under contract with your employer sponsored health plan and pursuant to your authorization.

2. WHAT INFORMATION DO WE COLLECT AND HOW?

We may collect information relating to you in the following ways:

• When you provide your information directly to us.  We collect Personal Information that you voluntarily provide when you access or use the Services. For example, when you register for an account, take a survey, contact customer service, or download an application, we may collect information including your full name, mobile phone number, your email address and the email address of your contacts, home and business postal addresses, username, password, certain health information, such as weight or insurance information, and any other information you voluntarily provide when using the Services.  To use our genetic testing services, you must provide material containing a DNA sample.   You may choose to configure third-party devices that you obtain from us or other sources so that the devices share information with us.  Please refer to information regarding the specific devices for instructions regarding how to share information with us and how to exercise choices you may have with respect to such sharing.
• When you use our Services to share information with others. We may collect Personal Information when you share your information or communicate with others using our Services. For example, we may collect your name, picture, information regarding your health status, and reason for program participation when you share those details with administrators, Health Coaches, and your fellow support group members. Whether you choose to disclose your name, genetic results or photo to any other support group members is at your discretion. Any information you choose to provide or upload to the Services may be visible to your group, as well as Health Coaches, Site administrators, and other Site users. As your information will be viewable to the other users of the Services, you should provide only the information you feel comfortable disclosing.  There may be an opportunity to speak on the phone or via video or text chat in a group conference call. Participation in such opportunities is not mandatory, but should you choose to participate, you should share only as much information as you feel comfortable sharing in these additional forums.
• From third parties. We may collect your information from sources other than you, such as your employer, your health plan provider, or your insurer.
• Automatically in association with digital Services. When you navigate the digital Services, we and our vendors may collect usage information through a variety of technical methods, including Cookies and Web Beacons, and other technologies (collectively, “Data Collection Technologies”). The usage information we collect includes your IP address, the content and features you use or view on the Services, how you navigate through the Services, the online services you visit immediately before and after you access our Services, and the search terms you enter on our Services.  For more information about how we use Data Collection Technologies, please see the section titled “Data Collection Technologies” below. To learn how to exercise certain choices about Data Collection Technologies, please see the section titled “What Choices Do I Have Regarding My Information.”
• Through social media. We may collect your Personal Information and/or Usage Information if you connect to us through social media. The Personal Information and Usage Information we collect will depend on your privacy settings with the social media provider.

If you choose not to provide us with your Personal Information, you may still be able to access and use some of our Services. Note, however, that certain features of our Services that require your information may not be accessible to you.  If you choose not to provide us with certain information, but the availability or usefulness of our Services may be limited, in whole or part.

3. HOW DO WE USE YOUR INFORMATION?

The Personal Information we collect enables us to operate, provide, analyze, and improve the Services, consistent with our commitments in this Privacy Policy. These activities may include, but are not limited to:

• Providing you the Services and fulfilling your requests. We may use your information to register you, administer your account and profile, enable financial transactions, or provide you the information and services that you request.
• Enhancing your experience. We use your information to personalize and enhance your experience when you use the Services, such as tailoring content, advertising, and remembering your preferences.
• Monitoring, improving, and developing Services. Your information helps us improve the content and functionality of our Services. For example, we may use your demographics, interests, and behaviors to create new features and content. We may also use your information to monitor and analyze trends, usage, and activities in connection with the Services. For example, we may use aggregate data to figure out how often participants use the Services in order to make Services appealing to as many participants as possible.

• Communicating with you. We may contact you to answer questions and communicate with you about Newtopia Programs or other products and services, including updates and new features. We may obtain your written authorization for certain marketing activities.  You may unsubscribe from receiving marketing emails from us by emailing us at unsubscribe@newtopia.com or using the “Unsubscribe” link included in the marketing email. However, if you have registered, you may receive administrative messages such as support updates, technical notices, security alerts, and administrative messages about changes to this Privacy Policy, our Terms of Use, to which you cannot opt out.
• Preventing illegal activities. We use your information to detect, investigate, and prevent fraudulent transactions, illegal activities, and violations of our terms. We also may use your information to protect the rights and property of Newtopia and others.

As disclosed. In addition to those purposes listed above, we may use your information for any other purpose disclosed to you at the time of collection or when you provide your authorization.

4. DATA COLLECTION TECHNOLOGIES

We use Cookies and other Data Collection Technologies (e.g., web beacons, tags, scripts, and device identifiers) to collect information about your use of the Services.  We use the information collected via Data Collection Technologies to keep you logged into the Services; remember your settings and preferences; help us keep your information and our Services safe and secure; learn how you and others access and use the Services; learn about our users; identify the devices our users use to access the Services; assess the effectiveness of our marketing programs; and recognize you when you use our Services.

For example, we partner with Google Analytics, which uses Cookies to track your interactions with our Services. Google then collects that information and reports it back to us. This information helps us improve our Services so that we can better serve users like you. For more information on Google Analytics, visit https://support.google.com/analytics.

Most browsers have an option for disabling the collection of information via cookies, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allow you to decide on acceptance of each new cookie in a variety of ways. If your browser is set to reject cookies, websites that are cookie-enabled will not recognize you when you return to the website, and some website functionality may be lost.

For additional information about the choices you may have regarding Data Collection Technologies, please see the WHAT CHOICES DO I HAVE REGARDING MY PERSONAL INFORMATION? section.

5. WHAT PERSONAL INFORMATION DO WE SHARE?

We will not rent, sell, or share your Personal Information with third parties, including non-affiliated companies, except to provide the Services, when you consent to such disclosure, or under the following circumstances:

• Forums: We may make available the Personal Information you choose to share through the interactive features available on the Services, including discussion boards, chat rooms, profile pages, bulletin boards, blogs, instant messaging, activities, polls, games and other communication forums (collectively, “Forums”). Some of these Forums are described more specifically below. Please note that any information, text, and images posted or disclosed by you as the user on or through such Forums may be visible to the user’s group(s), as well as Health Coaches, website administrators, visitors to the Services, and other users of the Services. Specifically, Personal Information such as the picture you’ve uploaded and your screen name, may be available for other users to view when you make a posting to such Forums. Information regarding your activities in such Services may also be available for view by other users (for example, other users may be able to view a list of all postings you have made in all available Forums). Any postings you have made to a Forum may also be available for view later by users of the Services by scrolling to older posts on the Forum. We urge you to exercise discretion and caution when deciding to disclose your Personal Information, such as your condition, or any other information, through a Forum or otherwise through the Services. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE OF ANY PERSONAL INFORMATION DISCLOSED BY YOU OR ON YOUR BEHALF BY YOUR SYSTEM THROUGH A FORUM OR OTHERWISE THROUGH THE SERVICES.
• Discussion Boards and Chat Rooms: We may provide functionality for you to choose to post on our discussion boards, and permit you to enter into chat rooms and choose to communicate with other users in the chat rooms. Please note that if you use such functionalities to communicate, your name or screen name will be disclosed to all visitors to the discussion boards, present and future, as well as all users in the chat room at that time. Please remember that information posted to discussion boards becomes public information. Use caution when posting. Further, if a comment you make on the discussion board or in the chat room contains Personal Information, we cannot control how the Personal Information will be used or disclosed by the other users of the discussion board or chat room. We urge you to exercise discretion and caution when deciding to disclose your Personal Information, or any other information, in any comment and/or message, and to be careful about the people to whom you send such comments and/or messages. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE BY OTHERS OF THE INFORMATION THAT IS DISCLOSED BY YOU OR ON YOUR BEHALF BY YOUR SYSTEM ON DISCUSSION BOARDS, IN CHAT ROOMS OR OTHERWISE THROUGH THE SERVICES.
• Messaging Services: We may provide functionality to permit you to choose to send messages, including instant messages, to other users through the Services. Please note that if you use such functionality to send such a message to another user, your screen name will be disclosed to that user, as well as website administrators. Further, if a message you send using such functionality contains Personal Information, we cannot control how the Personal Information will be used or disclosed by the recipient of your message. We urge you to exercise discretion and caution when deciding to disclose your Personal Information, or any other information, in any message, and to be careful about the people to whom you send such messages. WE ARE NOT RESPONSIBLE FOR THE USE OR DISCLOSURE BY OTHERS OF THE INFORMATION THAT IS DISCLOSED BY YOU OR ON YOUR BEHALF BY YOUR SYSTEM IN SUCH MESSAGES.
• User Profiles: We may provide functionality to permit you to create a user profile page in which you may choose to provide information about yourself, including, without limitation, your condition, as well as your feelings about your condition and/or yourself (“User Submissions,” as further defined in our Terms). You may also be able to upload pictures, videos and stories to your profile page as part of the User Submissions. User Submissions may be displayed to other users (including members of your group(s)) to facilitate user interaction within the Services. Email addresses are used to add new User Submissions to user profiles and to communicate through User Submissions. Users’ email addresses will not be directly revealed to other users by us, except when the user is “connected” to another user via a shared group membership, or an invitation, or if the user has chosen to include their email address in their User Profile. Please note that any User Submissions you choose to make, including Personal Information, on or through your profile page may be available for other users, the Company, administration, moderators, and other staff. Additionally, other users may be able to post comments and view posted comments on your profile page.
• Subcontractors and Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide our Products and/or Services to you. We are responsible for the actions of our agents and our subcontractors are under contract with us which contract limits their use and disclosure of Personal Information they receive or access and requires them to keep such information confidential.
• Analytics and Marketing Providers.  We engage with third party analytics and marketing providers that may collect usage information when you access the Services.  We require such providers to protect the confidentiality and security of the information they collect.  However, given the inherent risks of electronic data transmission and storage, we cannot guarantee the confidentiality and security of the information they collect.
• Other Health Plan Products/Services: We will never disclose your Personal Information to other businesses for their marketing purposes.  However, at the request of your employer or your employer sponsored health plan, we may send you information about the products or services of other businesses that are included in your plan of benefits for your employer sponsored health plan. These communications are intended to benefit you, your health, or your Newtopia experience. If you do not wish to receive these communications, please send an email with your request to privacy@newtopia.com, and we will process your request within a reasonable time. Please note that you may receive further communications while your request is pending processing.
• Business Transfers: In some cases, we may acquire participant information, including Personal Information, through the purchase of another business. We will protect that information in accordance with our Privacy Policy.  We will follow the terms of our contract with your employer and/or health plan and applicable law regarding the transfer of Personal Information if the Company goes out of business or enters bankruptcy.
• Protection of the Company and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with applicable law; enforce or apply our conditions of use and other agreements; or protect the rights, property, or safety of the Company, our employees, our users, or others. This may include exchanging information with other companies and organizations for fraud protection and credit risk reduction.
• Social Media Features.  Our Services include Social Media Features, such as the Facebook “Like” or “Share” button and widgets. These tools may collect your IP address, which page you are visiting on our site, and may set a cookie to enable the Feature to function properly. Your use of these tools is governed by the privacy statements of the third party companies providing them. You should always review and, if necessary, adjust your privacy settings on third party websites and services before using them in association with our Services.
• With Your Consent: Except as set forth above, you will be notified when your Personal Information may be used for other purposes or shared with third parties, and will be able to control the use and sharing of this information.

We reserve the right to share or sell aggregate information and other information that cannot reasonably be linked to you to third parties for their own internal purposes, and to use such information for any purpose.

6. IS MY PERSONAL INFORMATION SECURE?

The security of your Personal Information is important to us. We employ administrative, physical, and technical measures designed to safeguard and protect information under our control from unauthorized access, use, and disclosure.

In addition, when we collect, maintain, access, use, or disclose your Personal Information, we will do so using systems and processes consistent with information privacy and security requirements under applicable federal and state laws, including, without limitation, the Health Insurance Portability and Accountability Act (“HIPAA”). Furthermore, your individual user account is protected by a password for your privacy and security. To ensure that there is no unauthorized access to your account and Personal Information, we suggest that you safeguard your password appropriately and limit access to your computer and browser by signing off after you have finished accessing your account. We endeavor to protect user information to ensure that user account information is kept private.

However, we cannot guarantee the security of your personal and other information or the appropriateness of the measures we use to safeguard such information. Unauthorized entry, access, or use; loss; hardware or software failure; and other factors, may compromise the security of user information at any time. You should keep in mind, however, that no data transmitted over the Internet is 100% secure and any information disclosed online can potentially be collected and used by parties other than the intended recipient.

If necessary, we will make all legally required disclosures of any breach of the security, confidentiality, or integrity of your Personal Information, including, without limitation, breaches of your unencrypted, electronically stored, Personal Information. To the extent permitted by applicable laws, we will make such disclosures to you via email or conspicuous posting on your private profile on the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with (a) the legitimate needs of law enforcement, or (b) any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system. Despite these measures, the confidentiality of any communication or material transmitted to or from us via the Services offered by Internet or email cannot be guaranteed. If you have reason to believe that your data or your interactions with us are no longer secure, you may contact us at the mailing address or telephone number listed at the end of this document. In addition, if you have privacy or data security related questions, please feel free to contact the office identified at the end of this document.

7. THIRD PARTY LINKS AND SERVICES

The Services may contain links to other sites operated by organizations not affiliated with Newtopia. We do not review or endorse, and are not responsible for, the privacy policies and/or practices on other sites. When linking to another site you should read the privacy policy published on that site. This Privacy Policy only governs information collected on our Services. We encourage you to read the privacy statements of each and every website that you visit.

8. WHAT CHOICES DO I HAVE REGARDING MY PERSONAL INFORMATION?

Your preferences about how we use your information are important to us and, when possible, we aim to honor them. We offer the following choices that you can exercise with regard to your Personal Information.

• Access and modify your Personal Information. We allow you to access certain information about you, such as name, account and user profile information, mailing address, and phone number, for the purpose of viewing, and in certain situations, updating that information. When you update information, however, we may maintain a copy of the unrevised information in our records. To access or modify your personal information, please call 1.888.639.8181 or email clientcare@newtopia.com.
• Removing information.  If you would like us to remove your records from our system, you may request deletion of your account with us by sending an e-mail to privacy@newtopia.com. Please note that some information may remain in our records after deletion of your account, including any information or records we are legally or contractually obligated to retain. If you do not wish to receive email or other mail from us, please indicate this preference by emailing us at privacy@newtopia.com.
• Opt-outs and Marketing Communications. You can request to manage marketing and certain other communications and certain other notifications by emailing us using the information below or the “Unsubscribe” link in our emails. Managing Cookies and Other Data Collection Technologies. You have a number of options to manage or limit how we and our vendors use Cookies and other Data Collection Technologies:

• To prevent your data from being used by Google Analytics, you can install Google’s opt-out browser add-on.
• You may be able to disable cookies or choose the types of cookies you wish to allow. Please refer to your browser settings.

9. NOTE TO INTERNATIONAL USERS

Our Services are intended for individuals located in the United States and Canada.  If you visit our Services or contact us from outside of the United States, please be advised that (1) any information you provide to us or that we automatically collect will be received in the United States and may be transferred to other jurisdictions; (2) that by using our Services or submitting information, you explicitly authorize its processing in the United States and subsequent transfers outside the United States in accordance with this Privacy Policy; and that U.S. law may not offer the same privacy protections as the law of your jurisdiction.

10. YOUR CALIFORNIA PRIVACY RIGHTS

If you are a California resident and have provided your Personal Information to us, you may request information once per calendar year about our disclosures of certain categories of your Personal Information to third parties for their direct marketing purposes. You may submit such requests by emailing us at privacy@newtopia.com with the subject line “California Privacy Rights” or by mail using the address below.

11. HOW DO WE PROTECT CHILDREN’S PERSONAL INFORMATION?

The Services are not designed for, intended to track, or directed towards children under the age of thirteen. We do not knowingly allow or solicit anyone under the age of thirteen (13) to participate independently in any of the Services and we do not knowingly collect Personal Information from children. If a parent or guardian becomes aware that his or her child has provided us with Personal Information, please contact us by sending an e-mail to privacy@newtopia.com. If we become aware that a user of the Services is under the age of thirteen (13) and has provided us with Personal Information without prior parental consent, we will delete such Personal Information from our files.

12. CHANGES TO THIS PRIVACY POLICY

By using the Services, you agree to the current Privacy Policy and our Terms. We reserve the right, in our sole discretion, to modify, discontinue, or terminate the Services. Use of information we collect now is subject to the Privacy Policy in effect at the time such information is used or disclosed.

If we make material changes in the way we process Personal Information, we will notify you by posting an announcement on our website or sending you an email. By continuing to access or use the Services after we have posted a modification or have provided you with notice of a modification, you affirmatively acknowledge and consent to the changes in the Privacy Policy. If the modified Privacy Policy is not acceptable to you, your only recourse is to cease accessing or using the Services.

13. CONTACT US

If you have any questions or concerns regarding privacy on our Services, please send us a detailed message at privacy@newtopia.com or at the address below. We will make every effort to resolve your concerns. Newtopia Inc., 4101 Yonge Street, Suite 706, Toronto, Ontario, Canada M2P 1N6.

COOKIES DISCLAIMER

Newtopia Inc. has social media channels that utilize first and third-party vendor remarketing tracking cookies, including the Google Ads tracking cookie, Facebook, LinkedIn and Twitter remarketing cookies. This means we will show ads to you across the Internet, specifically on the Google Content Network (GCN), Facebook, Instagram, LinkedIn and Twitter. This data may also be shared with trusted third-party vendors that utilize this data to create promotion campaigns for other related companies. As always, we respect your privacy and are not collecting any identifiable information through the use of Google’s or any other third-party remarketing system.

The first and third-party vendors, including Google, whose services we use — will place cookies on web browsers in order to serve ads based on past visits to our website. This allows us to make major announcements and continue to market our services to those who have shown interest in our service.

You may opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by visiting the consumer opt-out page for the Self-Regulatory Principles for Online Behavioral Advertising at http://www.aboutads.info/choices/ and edit or opt-out your Google Display Network ads’ preferences at http://www.google.com/ads/preferences/.”