Privacy Policy,
Terms of Use and HIPAA Notice

To view the official privacy policy click here.

Privacy Policy Infographic

Privacy Infographic

Newtopia, Inc. (the “Company”) knows that you care about how your personal information is used and shared, and we take your privacy seriously. Please read the following to learn more about our privacy policy. By visiting the Newtopia.com website and domain name, and any other linked pages, features, content, or application services offered from time to time by the Company in connection therewith (collectively, the “Sites,” as further defined in our Terms), or using any of our Services, you acknowledge that you accept the practices and policies outlined in this Privacy Policy. Capitalized terms not defined in this Privacy Policy shall have the meanings set forth in our Terms of Use, in Schedule A below (“Terms”).

“Company” or “Newtopia” or the terms “we” or “us” or similar terms refer to Newtopia, Inc. “You” or “your” or “participant” or similar terms refer to you as a user of our Services.

By accepting our Privacy Policy during registration, or by visiting and/or using the Sites or any of our Services, you (a) expressly consent to our collection, use, and disclosure of your Personal Information (as defined below) in accordance with this Privacy Policy, and (b) expressly acknowledge that you have read and understood our HIPAA Notice, in schedule B below, which provides important information to you about how we may use and disclose health information about you.

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 โ€“ In General.
This Privacy Policy covers how we use and disclose personally identifiable information that we gather from the time that you initially access our Sites or use our Services. Personally identifiable information refers to information about you that can be used to contact or identify you, and information on your use or potential use of the Sites or our Services (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.

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 wellness to you, or (c) your past, present, or future payment for the provision of wellness, 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 Sites and Services. You have additional rights under federal and state law with respect to the access to, use, and disclosure of Personal Information that constitutes PHI. For a more complete description of your rights with respect to PHI, please refer to our HIPAA Notice, in Schedule B below, which provides important information to you about how we may use and disclose your PHI.

2. WHAT PERSONAL INFORMATION DO WE COLLECT?

We collect personal information you choose to provide, e.g., through registrations, applications and surveys, and in connection with your inquiries, from the time that you initially access our Sites or use our Services. The information we gather from participants enables us to implement, personalize and improve our Services and to answer questions and communicate with you about our products and services, including updates and new features.

From time to time, we may use or augment the personal information we have about you with information obtained from third parties. For example, we may use such third party information to confirm contact, to verify eligibility, or to better understand your interests by associating demographic information with the information you have provided.

We collect the following types of information from our participants:

Personal Information You Provide to Us.
We receive and store any information you enter on our Sites or provide to us in several ways. Personal Information that we collect may include things like your full name, mobile phone number, your email address and the email address of your contacts, home and business postal addresses, IP address, browser information, username, password, certain health information (e.g., weight, insurance information), and any other information or data that you provide when using our Sites and/or our Services. You can choose not to provide us with certain information, but that may limit the availability or usefulness of our Services, in whole or part.

PLEASE NOTE: By using the Services, you consent to, and authorize Newtopia to disclose your genetic color group to the other users of the Sites and Services. The users, including but not limited to Site administrators, Health Coaches, and your fellow support group members will have access to a range of Personal Information such as your name and picture, linking you to your genetic color group and reason for program participation. (The Health Coach and Site Administrator will know your name. Whether you choose to disclose your name, genetic results or photo to any other support group members is at your discretion.) Specifically, as we group participants based on certain characteristics, fellow support group members may be co-workers or other acquaintances.

We take great efforts in protecting your privacy, however, we cannot control, and expressly disclaim any responsibility for, whether or how users who are not our employees or subcontractors will subsequently use or disclose posted or previously disclosed information. If you do not consent to the disclosure of this information, you should not access or use the Sites or the Services. The Services include the ability for users to share Personal Information, including information regarding your health status. Any information you choose to provide or upload to the group Sites, including Personal Information about your health status, will 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 Sites, 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.

Personal Information Collected Automatically.
We receive and store certain types of information whenever you interact with our Sites and / or use our Services. We automatically receive and record information on our server logs from your browser, including your IP address, and the page you requested. In addition, we may use personal identifiers to recognize you when you arrive at the Site via an external link, e.g., such as a link appearing on a third party site or in an Newtopia-generated email presented to you. See also our What About Cookies? section below. We will also use your information to provide participant service and support.

Generally, our Services automatically collect usage information, such as the numbers and frequency of visitors to our Sites and its components, similar to TV ratings that indicate how many people watched a particular show. We only use this data in aggregate form, that is, as a statistical measure, and not in a manner that would identify you personally. This type of aggregate data enables us to figure out how often participants use parts of the Sites or Services so that we can make the Sites appealing to as many participants as possible, improving our Services. We may provide this de-identified, aggregate data to third parties to identify how our participants, collectively, use our Sites or Services. We share this type of statistical data so that the applicable third parties also understand how often people use the Sites or Services, so that they, too, may provide you with an optimal online experience. Again, we never disclose aggregate information to a third party in a manner that would identify you personally.

E-mail Communications:
We often receive a confirmation when you open an email from us if your computer supports this type of program. We use this confirmation to help us make emails more interesting and helpful. We also compare our participant list to lists received from other companies, in an effort to avoid sending unnecessary messages to our participants. When you receive e-mail from us, you can opt out of receiving marketing e-mails by following the included instructions to unsubscribe. However, if you register, you will receive other (non-marketing) regular email communication, which you cannot opt out of without losing the benefit of the program.

What About Cookies?
Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your browser to enable our systems to recognize your browser and tell us how and when pages in our Sites are visited and by how many people. We use cookies to enhance visitors’ experiences by understanding how visitors and / or users engage with and navigate our Sites.

Most browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your browser software) allowing 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.

If we choose to serve ads of third parties on the Sites, the third party advertisers may set cookies. These cookies allow the ad server to recognize your computer each time they send you an online advertisement to compile information about you or others who use your computer. This information allows ad networks to, among other things, deliver targeted advertisements that they believe will be of most interest to you. This Privacy Policy refers only to the use of cookies by Newtopia and does not cover the use of cookies by any third parties (e.g., advertisers).

3. WHAT PERSONAL INFORMATION DO WE SHARE?

Personal Information about our participants is an integral part of our business. We will not rent, sell, or share Personal Information about you with other people or non-affiliated companies except to provide Services, when we otherwise have your permission, or under the following circumstances:

Forums: We may make available your Personal Information through the Sites and/or the Services (for example, discussion boards, chat rooms, profile pages, bulletin boards, blogs, instant messaging, activities, polls, games and other communication forums) (each, a “Forum”) to which you post information and materials. 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, Site administrators, visitors to the Sites, and other users of the Sites. 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 Sites 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 Site. WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PERSONAL INFORMATION DISCLOSED BY YOU OR ON YOUR BEHALF BY YOUR SYSTEM THROUGH A FORUM OR OTHERWISE THROUGH THE SITES.

Discussion Boards and Chat Rooms: We may provide functionality to post on our discussion boards, and permit you to enter into chat rooms and communicate with other users in the chat rooms. Please note that if you use such functionalities to communicate, your name / 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 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 SITES.

Messaging Services: We may provide functionality to permit you to send messages, including instant messages, to other users through the Sites. 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 Site 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 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 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 Sites. 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 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.

Communication in Response to User Submissions: As part of the Sites and Services, you may receive from us email and other communication relating to your User Submissions. You acknowledge and agree that your posting of such User Submissions, is your consent to our sending you email and other communication that we determine, in our sole discretion, is related to your User Submissions.

Affiliated Businesses We Do Not Control: In order to provide you with the optimal user experience, we may become affiliated, and work closely with a variety of third-party businesses. In certain situations, these businesses may sell products or services to you through the Sites. In other situations, we may provide services, or sell products, jointly with affiliated businesses. You should be able to recognize when an affiliated business is associated with your transactions, and throughout the course of the transactions, we will share your Personal Information that is related to such transactions with that affiliated business.

Agents: We employ other companies and people to perform tasks on our behalf and need to share your information with them to provide products and/or services to you. We are responsible for the actions of our agents. You hereby consent to our sharing of Personal Information for the above purposes and to their use of the Personal Information for any purpose for which you grant permission to Newtopia.

Promotional Offers: We will never disclose your personal information to other businesses for their marketing purposes, but we may send you offers that promote the products of other businesses. These offers will be intended to benefit you, your health, or your Newtopia experience. If you do not wish to receive these offers, 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 additional offers as we process your request.

Business Transfers: In some cases, we may choose to buy or sell assets. In these types of transactions, participant information, including Personal Information about participants, is typically one of the business assets that are transferred. Moreover, if the Company, or substantially all of its assets were acquired, or in the unlikely event that the Company goes out of business or enters bankruptcy, Personal Information would be one of the assets that is or may be transferred or acquired by a third party. By continuing to use our Sites and Services, you acknowledge that if we sell or transfer our business (e.g., through an acquisition) or an asset (e.g., our website) to another company, we will share your personal information with such company. We will contractually require that such company use and protect your personal information in a manner consistent with this Privacy Policy.

Protection of the Company and Others: We may release Personal Information when we believe in good faith that release is necessary to comply with the 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.

With Your Consent: Except as set forth above, you will be notified when your Personal Information may be shared with third parties, and will be able to control the sharing of this information.

4. IS MY PERSONAL INFORMATION SECURE?

We employ administrative, physical, and technical measures designed to safeguard and protect information under our control from unauthorized access, use, and disclosure. These measures include encrypting our communications to you (and your communications to us that are within our application such as web forms you fill in on our site or our mobile app) by utilizing Secure Sockets Layer (“SSL”) or Secure File Transfer Protocol (“SFTP”) software where applicable, and using a secured messaging service when we send your Personal Information electronically. 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.

The Sites does or may contain links to other sites. We 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 Sites or through our Services. 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” or “medical information” (as defined in applicable state statutes on security breach notification). 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 Sites 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 through our Sites, 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.

5. WHAT PERSONAL INFORMATION CAN I ACCESS?

We allow you to access the following information about you for the purpose of viewing, and in certain situations, updating that information. This list may change as the Sites change.

Real name
Account and user profile information (e.g., nickname and picture)
User email address
User mailing address
User mobile phone number
Username
Insurance member ID
Communication preferences

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

As stated previously, you can always opt not to disclose information, even though it may be needed to take advantage of certain features of the Sites and the Services.

You are able to add or update certain information on pages, such as those listed in the “What Personal Information Can I Access” section, above. When you update information, however, we may maintain a copy of the unrevised information in our records.

If you would like us to remove your records from our system, you may request deletion of your account with us by sending 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 obligated to retain. We will process your request within a reasonable time, but please note that you may receive additional offers as we process your request.

If you do not wish to receive email or other mail from us, please indicate this preference by emailing us at privacy@newtopia.com. Please note that if you do not want to receive legal notices from us, such as this Privacy Policy, those legal notices will still govern your use of the Sites, and you are responsible for reviewing such legal notices for changes.

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

The Services are not directed to children. We do not knowingly allow or solicit anyone under the age of 18 to participate independently in any of the Services. 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. If we become aware that a user of the Services is under the age of 18 and has provided us with Personal Information without verifiable parental consent, we will delete such Personal Information from our files.

8. CHANGES TO THIS PRIVACY POLICY

By using the Sites and Services, you agree to the current Privacy Policy and our Schedule A Terms. We reserve the right, in our sole discretion, to modify, discontinue, or terminate the Services or to modify this Privacy Policy at any time. 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 changes in the way we use Personal Information, we will notify you by posting an announcement on our Sites and/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 are indicating that you agree to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, your only recourse is to cease accessing the Sites and / or using the Services.

9. QUESTIONS OR CONCERNS

If you have any questions or concerns regarding privacy on our Sites, 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., 20 York Mills Road, 4th Floor, Toronto, Ontario M2P 2C2.

Effective Date: 2015-09-04.

[Schedule A Terms of Use and Schedule B HIPAA Notice follow]

Schedule A โ€“ Terms of Use

Welcome to Newtopia!

Welcome to the Newtopia website located at www.newtopia.com (the “Site”). Please carefully read these Terms of Use (the “Terms”) and our Privacy Policy (https://www.newtopia.com/privacy-policy/) to which these Terms are a schedule, because they govern your use of our Site (and the other websites we own or operate) and our online services that we provide. To make these Terms easier to read, the Site and our services are collectively called the “Services.”

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If you have been authorized to, and are helping another person visit our Services, these Terms constitute a legally binding agreement between both the helper and the person being helped and Company.

THE SERVICES ARE NOT A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, AND WHILE THE SERVICES PROVIDE INFORMATION, WE CANNOT AND DO NOT DIAGNOSE YOUR HEALTH CONDITIONS. ALWAYS CONSULT A PHYSICIAN OR OTHER HEALTHCARE PROVIDER FOR PERSONAL MEDICAL ATTENTION AND ADVICE; DON’T USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER. USE OF THE SERVICES IS NOT FOR MEDICAL EMERGENCIES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.

We reserve the right, at our discretion, to modify, replace, update or change any of these Terms or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time and for any reason. Company shall not be liable to you for any such modification, replacement, suspension or discontinuation of your rights to access and use the Services. However, if we make any material changes to these Terms, we will notify registered users by e-mail, post a notice on our home page and/or alert you to such changes by other similar means. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. We will notify you of any changes.

If you accept these Terms, but later decide that you want to terminate your account, please contact Participant Support at support@newtopia.com, and Company will verify and complete your request.

1. Applicability of These Terms

Your access to, and use of the Services is expressly conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users of the Services, including users who are also contributors of content, information, and other materials or services in the Services. If you do not agree with these Terms, you are not authorized to access or use any portion of the Services in any manner, for any purpose.

Your use of any Services with which we may be affiliated may be subject to additional terms, including terms and conditions provided by a third party (“Additional Terms”). If you do not agree with any of the Additional Terms, you are not authorized to use the Services which are subject to such Additional Terms.

In order to receive our Services, you must register as more fully described below in the section entitled “Registration.” The Services are available only to individuals who are at least 18 years old. You represent and warrant that you have the legal ability (capacity) to enter into a binding contract and are at least 18 years old, and that all registration information you submit is accurate and truthful. Company may, in its sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time for any reason. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.

2. Our Services

As part of the Services, we offer programs to certain individuals (such as web-based health coaching services) for changing behaviors that can lead to health problems. Our Services may include, without limitation, the following:

i. The ability to access health information shared by you and others through our Services, augmented with information collected about you through authorized third parties (e.g., suppliers of scales, or wearable devices such as FitBit) and build an online community related to your weight loss and health goals.
ii. Access to other information about Company and our products and/or services through the various websites we own and operate, including, without limitation, the Newtopia.com website and domain name, and any other features, content, or applications offered from time to time by Company in connection therewith.
iii. The ability to interact with relevant Company personnel in a timely and effective manner from the time of initial application and throughout the course of program participation.

3. No Medical Advice

THE SERVICES DO NOT INCLUDE THE PROVISION OF MEDICAL CARE BY COMPANY. RATHER, THE SERVICES ENABLE REGISTERED USERS TO ACCESS HEALTH COACHING TOOLS AND RESOURCES, INCLUDING A HEALTH COACH, AND LIMITED WEB, TELEPHONE, EMAIL OR SMS (OR SIMILAR) SUPPORT. HEALTH COACHES ARE NOT LICENSED PHYSICIANS.

COMPANY DOES NOT EMPLOY OR CONTRACT WITH PHYSICIANS TO PROVIDE MEDICAL CARE TO YOU. COMPANY DOES NOT OFFER MEDICAL ADVICE OR DIAGNOSES TO YOU, OR ENGAGE IN THE PRACTICE OF MEDICINE. OUR SERVICES ARE NOT INTENDED TO BE, AND DO NOT CONSTITUTE, A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR CARE AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ IN CONNECTION WITH OUR SERVICES. TO THE EXTENT YOU RECEIVE MEDICAL CARE CONSEQUENT TO THE SERVICES, YOUR TREATING MEDICAL PROFESSIONAL IS RESPONSIBLE FOR OBTAINING YOUR INFORMED CONSENT TO ANY MEDICAL DIAGNOSIS OR CARE, INCLUDING WITHOUT LIMITATION, YOUR CONSENT TO USE TELEMEDICINE IN THE COURSE OF YOUR CARE TO THE EXTENT SUCH CONSENT IS REQUIRED BY APPLICABLE STATE LAW. SUCH TREATEMENT IS SEPARATE FROM AND UNRELATED TO THE SERVICES PROVIDED BY COMPANY. THE COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PARTICULAR DRUG, SUPPLEMENT, REGIMEN OR CARE IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU.

4. No Emergency Services

THE SITES AND SERVICES ARE FOR NON-EMERGENCY PURPOSES ONLY. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THE SITES OR THE SERVICES. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR CARE, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM.

THE SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY OR TIME-CRITICAL CALLS OR COMMUNICATIONS TO ANY TYPE OF HOSPITAL, LAW ENFORCEMENT AGENCY, MEDICAL CARE UNIT, OR ANY OTHER KIND OF EMERGENCY OR TIME-CRITICAL SERVICE.

If Company becomes aware of or contemplates an emergency, Company may, at its sole discretion secure from any licensed hospital, physician, and/or medical personnel (“Emergency Responders”) any emergency care deemed necessary by Company for your immediate care. You understand and agree that, in the event that Company does take any action with respect to securing Emergency Responders on your behalf, you, not Company, will be solely responsible for payment of any and all medical services rendered in connection with any such care.

5. Privacy and your Personal Information

These Terms are Schedule A to Company’s current privacy policy, located at https://newtopia.com/privacy/ (the “Privacy Policy”) which is expressly incorporated into these Terms. The Privacy Policy discloses Company’s practices regarding the collection, use and disclosure of your personal information. By agreeing to these Terms, you are also agreeing to the terms of Company’s Privacy Policy and consenting to the use and disclosure of information provided to Company as set forth herein. For inquiries in regard to the Privacy Policy, or to report a privacy-related problem, please contact privacy@newtopia.com.

The Services may include the ability to connect with a small social network of people diagnosed with certain medical conditions, including metabolic syndrome. BY VISITING OR USING THE SERVICES, YOU CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION, INCLUDING HEALTH-RELATED INFORMATION SUCH AS YOUR MEDICAL CONDITIONS, IN ACCORDANCE WITH OUR PRIVACY POLICY. IF YOU DO NOT CONSENT TO THE DISCLOSURE OF THIS INFORMATION, YOU SHOULD NOT ACCESS OR USE THE SITES OR THE SERVICES.

By posting, creating, using, and disclosing data, including your individually identifiable health information through User Submissions on or at any of the Sites or otherwise through the Services, you hereby irrevocably and unconditionally acknowledge that all such data is owned by Company, subject to Company’s compliance with the current Privacy Policy, the HIPAA Notice (attached as Schedule B to Company’s current privacy policy), and all applicable federal and state privacy laws.

6. Rules and Conduct

As a condition of use, you agree not to use the Services for any purpose that is prohibited by these Terms. The Services (including, without limitation, any Content or User Submissions (both as defined below)) are provided only for your own personal, non-commercial, limited use in accordance with these Terms. You are responsible for all of your activity in connection with the Services. For purposes of these Terms, the term “Content” includes, without limitation, any advertisements, advice, suggestions, videos, audio clips, written forum comments, information, materials, data (obtained about you through the Services or from third parties), text, photographs, images, software, scripts, art, graphics, logos, button icons and interactive features generated, provided, or otherwise made accessible by or to Company or its partners on or through the Services.

By way of example, and without limitation, you shall not, and shall not permit any third party to, directly or indirectly (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services, that:

i. infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
ii. is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
iii. constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”);
iv. involves commercial activities and/or sales without Company’s prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes;
v. contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
vi. impersonates any person or entity, including any employee or representative of Company.

Additionally, you shall not:
(a) take any action that imposes or may impose (as determined by Company in its sole discretion) an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure;
(b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services;
(c) bypass any measures Company may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services);
(d) run Maillist, Listserv, any form of auto-responder or “spam” on the Services; or (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Sites.

You shall not (directly or indirectly):
(a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction;
(b) modify, translate, or otherwise create derivative works of any part of the Services; or
(c) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

Company reserves the right to remove any Content from the Sites or the Services at any time, for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated these Terms), or for no reason at all.

7. Registration; Consent to Receive Email/Phone Communications

As a condition to using certain aspects of the Services, you will be required to register with Company and select a password and screen name (“Company User ID”). If you want to use those aspects of the Services, then you shall provide Company with true, accurate, complete, and current registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your Company account. For greater certainty, but without limitation, you shall not (a) select or use as a Company User ID a name of another person with the intent to impersonate that person; (b) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a Company User ID a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration of, or cancel a Company User ID in its sole discretion. You are solely responsible choosing your Company User ID and for activity that occurs on your account. Additionally, you shall be responsible for setting your account password, as well as maintaining its confidentiality. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your account, or other account related security breach of which you become aware.

As a condition of participating in our Services, you will be required to provide Company with the personal information identified in s.5 above. As part of the Sites you may, and Services, you will, receive from us email and other communications (e.g., SMS messages and voice calls) relating to your use of our Sites and/or your participation in our Services. By disclosing this contact information or otherwise sending electronic communications through the Services or the Sites, you acknowledge and agree that we may send you communications through registered mail, email and other electronic communications, SMS messages, voice calls or otherwise, that we determine, in our sole discretion, are related to your use of our Sites and/or participation in our Services. As part of using our Sites and or Services you agree to receive all agreements, notices, disclosures and other communications that we provide to you in electronic form, and acknowledge that receipt of such documents in electronic form satisfies any legal requirement that such communications be in writing.

PLEASE NOTE THAT WHEN YOU CONTACT US BY EMAIL OR TEXT, SUCH COMMUNICATION MAY NOT BE SECURE BECAUSE IT TRAVELS OVER UNSECURE COMMUNICATION LINES. BY SENDING ANY CONFIDENTIAL OR PERSONAL INFORMATION TO US VIA EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH EMAIL OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.

8. Fees and Payment

Company does not currently require payment of fees for Services, from participants. Fees are currently covered by employers of participants, or by the health insurance program. However, Company reserves the right to require payment by participants of fees for certain features of the Services. Should we do so, and notify you, and should you then elect to subscribe to such features after being notified of the feature and pricing, then you shall pay all applicable fees, as described on the Sites in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to you, which may be sent by physical mail, email or posted on the Sites. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.

9. Third-Party Sites and Materials

The Services may allow you to display, use, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites (“Third Party Websites”). For example, the Services may integrate and use a scale or wearable device through a third party provider such as BodyTrace or FitLinxx. In such an event, before using these Services, you must agree to the third party’s Terms of Use and Privacy Policy.

When you allow the use of any Third Party Materials or access any Third Party Websites, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use and/or privacy policies that apply to such Third Party Materials or Third Party Websites. These Third Party Materials and Third Party Websites are not under Company’s control, and Company is not responsible or liable for the availability, reliability, content, functions, accuracy, legality, appropriateness, services, materials or any other aspect of such Third Party Materials or found through the use of any Third Party Websites that link to or from the Services or are otherwise referenced in the Services. Company is providing these Third Party Materials and links to Third Party Websites for your convenience, and you understand that Company does not have control over the content and performance of any Third Party Websites and Company is not responsible for the content and/or performance of any such Third Party Websites. The inclusion of any such Third Party Materials or links in the Services does not imply endorsement by Company or any association with the third party website’s operators. Company also does not accept any responsibility for technical failures or for unauthorized access of user transmissions by any third parties.

The providers of Third Party Materials and Third Party Websites (each, a “Third Party Service Provider”) may collect and use certain information about you, as specified in their privacy policies and terms of use. Prior to using or providing any information to any Third Party Service Provider, you should review their privacy policy and terms of use. If you do not understand or do not agree to the terms of a Third Party Service Provider’s privacy policy and/or terms of use, you should not use the related third party services.

COMPANY HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY THIRD PARTY SERVICE PROVIDER. IN ADDITION, YOU AGREE THAT COMPANY WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS OR SERVICES PROVIDED BY ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SERVICE PROVIDERS LINKED THROUGH THE SERVICES, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM OR ALLEGED TO HAVE RESULTED FROM YOUR USE OF THIRD PARTY MATERIALS AND THIRD PARTY WEBSITES.

10. Company, Content, Intellectual Property

The Services and the Content are protected under United States and international intellectual property, copyright, trademark, patent, trade secret and other laws. The Sites, the Services and the Content are the sole property of Company. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. You shall not sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, create derivative works from, or otherwise exploit the Services or any Content or third party submissions or other proprietary rights not owned by you, (a) without the consent of the respective owners or other valid right, and (b) in any way that violates any third party right.

You may, to the extent the Sites expressly authorize you to do so, download or copy the Content, and other items displayed on the Sites for download, for personal use only in accordance with these Terms, provided that you maintain all copyright, trademark and other notices contained in such Content. You shall not store any significant portion of any Content in any form. Copying or storing of any Content for other than personal, non-commercial use in accordance with these Terms is expressly prohibited without prior written permission from Company, or from the copyright holder identified in such Content’s copyright notice. You acknowledge that all Content accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Company be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted or otherwise made available via the Services.

Subject to your compliance with these Terms, as revised (and any other terms governing your use of the Services) you are granted a personal, non-exclusive, non-transferable, non-sublicenseable, revocable, limited right to enter our Site and use the Services. All rights in and to the Sites and the Services not expressly granted in these Terms are hereby reserved and retained by Company.

Newtopia and its logo, (the “Company Marks”) are trademarks or registered trademarks of Newtopia, Inc. Other trademarks, service marks, graphics and logos appearing on the Sites or the Services may be the property of third parties (the “Third Party Marks”). Neither your use of the Sites or the Services nor these Terms grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the Company Marks or any Third Party Marks.

11. User Submissions

The Services may provide you with the ability to create, upload, submit (through our Sites or through third-party websites, software or tools), disclose, distribute or otherwise post (hereafter, “posting”) content (including personal health information), videos, audio clips, written forum comments, data, text, photographs, software, scripts, graphics, works of authorship or other information related to the Services, including without limitation any feedback or suggestions for improvements, enhancements, or error corrections (collectively, “User Submissions”). You represent and warrant to us that you have the legal right to post such User Submissions and that doing so will not violate any law or infringe upon or violate the rights of any person or entity.

By posting User Submissions on or at any of the Sites or otherwise through the Services, including without limitation any individually identifiable health or personal information you submit to us, you hereby irrevocably and unconditionally assign to us all right, title, and interest in and to any such User Submissions (including, without limitation, any modifications, reproductions, or derivative works thereof), and all User Submissions, you supply to us through the Sites or the Services shall be deemed and shall remain our property, subject to Company’s compliance with the current Privacy Policy, the HIPAA notice, and all applicable federal and state privacy laws. You further understand and agree that Company has the right to create, use, and disclose such User Submissions after they have been de-identified in accordance with 45 CFR section 164.514.

You understand that Company shall have the right to de-identify, reformat, excerpt, or translate any materials, content or information submitted by you; and that all information publicly posted or privately transmitted through the Sites is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content; and that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services.

Company does not endorse and has no control over any User Submissions. Company cannot guarantee the authenticity of any data which users may provide about themselves.

Company has no obligation to you to monitor the Sites, Services, Content, or User Submissions. Company may remove any User Submission at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission), or for no reason at all. You understand that Company shall have the right, but not the obligation, to record or monitor for quality assurance and training purposes all telephonic, e-mail and other forms of communication. By accepting these Terms, you consent to any such recording or saving.

12. Termination

Company may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. Upon termination of your right to use our Services or Sites or our termination of the Services or Sites, all licenses and other rights granted to you by these Terms will immediately terminate.

If you wish to terminate your account, you may do so by notifying your Health Coach. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

13. Warranty Disclaimer

Company has no special relationship with or fiduciary duty to you. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.

SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

14. Indemnification

You shall defend, indemnify, and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to: (a) your use or misuse of, or access to, the Services, Content or otherwise from your User Submissions; (b) your breach of these Terms; (c) your violation or alleged violation of any applicable federal, state or local laws, rules and/or regulations; or (d) infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.

15. Limitation of Liability.

IN NO EVENT SHALL COMPANY, NOR ITS DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT): (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR YOUR RELIANCE ON THE SERVICES; OR (D) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) ONE-HUNDRED U.S. DOLLARS ($100.00). SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION.

WE ARE NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY OTHER PARTY.

When using the Services, information will be transmitted over a medium which may be beyond the control and jurisdiction of Company, its participants and/or its vendors. Accordingly, Company assumes no liability for or relating to the delay, unintended disclosure, failure, interruption or corruption of any data or other information transmitted in connection with use of the Services.

Any claims against Company arising in connection with your use of the Services must be brought against Company within one (1) year of the date of the event giving rise to such action.

16. International Use.

Company makes no representation that the Services are appropriate or available for use in locations outside of the United States, and accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from other locations, you do so at your own initiative and are responsible for compliance with local laws.

17. Governing Law; Dispute Resolution.

A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

These Terms shall be governed by and construed in accordance with the laws of the New York state, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by binding arbitration in New York City, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS. The substantially prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the courts in New York, New York. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this Section.

18. Integration and Severability.

These Terms, the Privacy Policy, and any agreement referenced herein, constitute the entire agreement between you and Company with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Services . If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

19. Miscellaneous.

Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any of its rights and obligations hereunder without consent. Our licensors, if any, may be entitled to enforce these Terms as third-party beneficiaries. There are no other third-party beneficiaries to these Terms. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect. In any action or proceeding to enforce rights under these Terms, the substantially prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.

20. Digital Millennium Copyright Act Policy

If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:

Attn: Copyright Agent
Newtopia, Inc. 20 York Mills Road, 4th Floor, Toronto, Ontario, Canada M2P 2C2. Attn. Legal Department.

21. Contact.

You may contact Company at the following address: Newtopia, Inc. 20 York Mills Road, 4th Floor, Toronto, Ontario, Canada M2P 2C2 or by email at general@newtopia.com.

Effective Date: 2015-08-29

Schedule B โ€“ HIPAA Notice (“Notice”)

THIS NOTICE DESCRIBES HOW MEDICAL INFORMATION ABOUT YOU MAY BE USED AND DISCLOSED AND HOW YOU CAN GET ACCESS TO THIS INFORMATION. PLEASE REVIEW IT CAREFULLY.

1. Who Must Follow This Notice.

Newtopia, Inc. (“Newtopia”) provides you (the participant) with wellness advice by working with health coaches, laboratories, and other wellness related providers (referred to as “we,” “our,” or “us”). This is a joint notice of our information privacy practices (“Notice”). The following people or groups will follow this Notice:

i. any wellness provider with access to your PHI, who provides services to you at or from Newtopia’s locations. These professionals include health coaches, and others with access to PHI.
ii. all departments and units of our organization,.
iii. our employees, contractors, and volunteers, including regional support offices and affiliates.

These entities, sites, and locations may share medical information with each other for purposes of dealing with you in connection with the purposes described in this Notice. In addition, we also use and share your information for other reasons as allowed and required by law. If you have any questions about this Notice, please see our contact information on the last page of this Notice.

2. Our Commitment to Your Privacy.

We understand that medical information about you and your health is private and personal. We are dedicated to maintaining the privacy and integrity of your protected health information (“PHI”). PHI is information about you that may be used to identify you (such as your name, social security number, or address), and that relates to (a) your past, present, or future physical or mental health or condition, (b) the provision of wellness to you, or (c) your past, present, or future payment for the provision of wellness (if you are involved with payment for same). In providing services to you, we will receive and create records containing your PHI. We need these records to provide you with quality care and to comply with certain legal requirements.

We are required by law to maintain the privacy of your PHI and to provide you with notice of our legal duties and privacy practices with respect to your PHI. When we use or disclose your PHI, we are required to abide by the terms of this Notice (or other Notice in effect at the time of the use or disclosure).

This Notice applies to the records of services you receive at or from Newtopia, whether created by our staff or your doctor. Your doctor and other wellness providers may have different practices or notices about their use and sharing of medical information in their own offices or clinics. We will gladly explain this Notice to you or your family member.

3. How We May Use and Disclose Medical Information About You.

This section of our Notice tells how we may use medical information about you. We will protect medical information as much as we can under the law. Sometimes state law gives more protection to medical information than federal law. Sometimes federal law gives more protection than state law. In each case, we will apply the laws that protect medical information the most.

We are required to maintain the confidentiality of the PHI of our patients, and we have policies and procedures and other safeguards to help protect your PHI from improper use and disclosure. The following categories describe different ways that we use your PHI within Newtopia and disclose your PHI to persons and entities outside of Newtopia. We have not listed every use or disclosure within the categories below, but all permitted uses and disclosures will fall within one of the following categories. In addition, there are some uses and disclosures that will require your specific authorization.

How much PHI is used or disclosed without your written permission will vary depending, for example, on the intended purpose of the use or disclosure. Sometimes we may only need to use or disclose a limited amount of PHI, such as to send you an appointment reminder or to confirm your health insurance coverage. At other times, we may need to use or disclose more PHI such as when a doctor is providing a requisition for genetic test from a sample you provide, to facilitate the coaching we provide.

Disclosure at your request. We may disclose information when requested by you. This disclosure at your request may require written authorization by you.

Coaching. This is the most important use and disclosure of your PHI. We may use and disclose your PHI to a health coach to provide coaching and other services to you. For example, our staff, including trainees, involved in your care may use and disclose your PHI to evaluate your wellness needs as it relates to the type of services we provide. In addition, we may contact you to provide appointment reminders or information about wellness alternatives or other health-related benefits and services that may be of interest to you.

Payment. We may use and disclose your PHI to obtain payment for services that we provide to you. For example, we may make disclosures to claim and obtain payment from your health insurer, HMO, or other company that arranges or pays the cost of some or all of your program (“Your Payor”) or to verify that Your Payor will pay for the program.

Wellness operations. We may use and disclose your PHI for our wellness operations, which include internal administration and planning and various activities that improve the quality and cost effectiveness of the care that we deliver to you. Examples are using information about you to improve quality of care, for disease management programs, participant satisfaction surveys, compiling medical information, de-identifying medical information and benchmarking.

Business associates. There are some services provided in our organization through contracts with business associates. Examples of business associates include accreditation agencies, laboratories, cloud storage providers, management consultants, quality assurance reviewers, and billing and collection services. We may disclose your PHI to our business associates so that they can perform the job we have asked them to do. To protect your PHI, we require our business associates to sign a contract or written agreement stating that they will appropriately safeguard your PHI.

Appointment reminders. We may use and disclose your PHI to contact you as a reminder that you have an appointment for a consultation or other service.

Alternatives. We may use and disclose your PHI to tell you about or recommend possible service options or alternatives that may be of interest to you.

Health-related products and services. We may use and disclose your PHI to tell you about our health-related products or services that may be of interest to you.

Communications with family and others when you are present. Sometimes a family member or other person involved in your care will be present when we are discussing your PHI with you. We may use or disclose your PHI to a family member, other relative, a close personal friend or any other person identified by you when you are present for, or otherwise available prior to, the disclosure, if we (1) obtain your agreement; (2) provide you with the opportunity to object to the disclosure and you do not object; or (3) reasonably infer that you do not object to the disclosure.

Communications with family and others when you are not present. If you are not present, or the opportunity to agree or object to a use or disclosure cannot practicably be provided because of your incapacity or an emergency, we may exercise our professional judgment to determine whether a disclosure is in your best interest. If we disclose information to a family member, other relative, or a close personal friend, we would disclose only information that we believe is directly relevant to the person’s involvement with your wellness or payment related to your wellness. We may also disclose your PHI in order to notify (or assist in notifying) such persons of your location, general condition or death.

Threat to health or safety. We may use and disclose your PHI when necessary to prevent a serious threat to your health and safety or the health and safety of the public or another person. Any disclosure, however, would only be to someone able to help prevent the threat.

4. Special Situations That Do Not Require Your Authorization.

The following categories describe unique circumstances in which Newtopia may use or disclose your PHI without your authorization.

Public health activities. We may disclose your PHI for the following public health activities to: (1) prevent or control disease, injury or disability; (2) report births and deaths; (3) report regarding the abuse or neglect of children, elders and dependent adults; (4) report reactions to medications or problems with products; (5) notify people of recalls of products they may be using; (6) notify a person who may have been exposed to a disease or may be at risk for contracting or spreading a disease or condition; and (7) notify emergency response employees regarding possible exposure to HIV/AIDS, to the extent necessary to comply with state and federal laws.

*Victims of abuse, neglect or domestic violence. If we reasonably believe you are a victim of abuse, neglect, or domestic violence, we may disclose your PHI to a governmental authority, including a social service or protective services agency, authorized by law to receive reports of such abuse, neglect, or domestic violence.

Health oversight activities. We may disclose your PHI to a health oversight agency for activities authorized by law. These oversight activities include, for example, audits, investigations, inspections, and licensure. These activities are necessary for the government to monitor the government programs and compliance with laws.

Lawsuits and other legal disputes. We may use and disclose PHI in responding to a court or administrative order, a subpoena, or a discovery request. We may also use and disclose your PHI to the extent permitted by law without your authorization, for example, to defend a lawsuit or arbitration.

Law enforcement officials. We may disclose your PHI to the police or other law enforcement or government officials as required or permitted by law: (1) in response to a court order, subpoena, warrant, summons or similar process; (2) to identify or locate a suspect, fugitive, material witness, or missing person; (3) about the victim of a crime if, under certain limited circumstances, we are unable to obtain the person’s agreement; (4) about a death we believe may be the result of a criminal conduct; (5) about criminal conduct at Newtopia; and (6) in emergency circumstances to report a crime; the location of the crime or victims; or the identity, description or location of the person who committed the crime.

Decedents. We may disclose your PHI to a coroner or medical examiner as authorized by law.

Research that does not involve your care. When a research study does not involve any care, we may disclose your PHI to researchers. To do this, we will either ask your permission to use your PHI or we will use a special process that protects the privacy of your PHI. In addition, we may use information that cannot be identified as your PHI, but that includes certain limited information (such as your date of birth and dates of service). We will use this information for research, quality assurance activities, and other similar purposes and we will obtain special protections for the information disclosed.

Inmates. If you are an inmate of a correctional institution or under custody of a law enforcement official, we may disclose PHI about you to the correctional institution or the law enforcement official, if this is reasonably necessary for the correctional institution to provide you with wellness, to protect your health and safety and the health and safety of others, and to protect the safety and security of the correctional institution.

Workers’ compensation. We may disclose your PHI as authorized by and to the extent necessary to comply with state laws relating to workers’ compensation or other similar programs.
As required by law. We may use and disclose your PHI when required to do so by any other law not already referred to in the preceding categories. For example, the Secretary of the Department of Health and Human Services may review our compliance efforts, which may include seeing your PHI.

5. Situations Requiring Your Written Authorization.

If there are reasons we need to use your PHI that have not been described in the sections above, we will obtain your written permission. This permission is described as a written “authorization.” If you authorize us to use or disclose PHI about you, you may revoke that authorization in writing at any time. If you revoke your authorization, we will no longer use or disclose PHI about you for the reasons stated in your written authorization, except to the extent we have already acted in reliance on your authorization. You understand that we are unable to take back any disclosures we have already made with your permission, and we are required to retain our records of the care we provide to you. Some typical disclosures that require your authorization are:

Special categories of treatment information. In most cases, federal or state law requires your written authorization or the written authorization of your representative for disclosures of drug and alcohol abuse treatment, Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) test results, and mental illness.

Research involving your care. When a research study involves your care, we may disclose your PHI to researchers only after you have signed a specific written authorization. In addition, an Institutional Review Board (IRB) will already have reviewed the research proposal, established appropriate procedures to ensure the privacy of your PHI and approved the research. You do not have to sign the authorization, but if you refuse you cannot be part of the research study and may be denied research-related care.

Marketing. We must also obtain your written authorization (“Your Marketing Authorization”) prior to using your PHI to send you any marketing materials. We can, however, provide you with marketing materials in a face-to-face encounter without obtaining Your Marketing Authorization. We are also permitted to give you a promotional gift of nominal value, if we so choose, without obtaining Your Marketing Authorization. In addition, we may communicate with you about products or services relating to your care, case management or care coordination, or alternative approaches, therapies, providers or care settings without Your Marketing Authorization. If we receive any direct or indirect payment for making such a communication, however, we would need your prior written permission to contact you. The only exception for seeking such permission are when our communication describes only a drug or medication that is currently being prescribed for you and our payment for the communication is reasonable in amount.

6. Your Rights Regarding Medical Information About You.

You have the following rights regarding health information we maintain about you.

You may contact the privacy officer (privacy@newtopia.com) where services were provided to obtain additional information and instructions for exercising the following rights.

Right to request additional restrictions. You may request restrictions on our use and disclosure of your PHI (1) for provision of our services, payment and wellness operations, (2) to individuals (such as a family member, other relative, close personal friend or any other person identified by you) involved with your care or with payment related to your care, or (3) to notify or assist in the notification of such individuals regarding your location and general condition. While we will consider all requests for additional restrictions carefully, we are not required to agree to a requested restriction, unless the request is regarding a disclosure to a health plan for a payment or wellness operation purpose and the medical information relates solely to a wellness item or service for which we have been paid out-of-pocket in full. This request must be in writing. We will send you a written response. If we agree with the request, we will comply with your request except to the extent that disclosure has already occurred or if you are in need of emergency care and the information is needed to provide the emergency care.

Right to receive confidential communications. You may request to receive your PHI by alternative means of communication or at alternative locations. For example, you can request that we only contact you at work or by mail. To request confidential communications, you must make your request in writing. We will not ask you for the reason for your request. We will accommodate all reasonable requests. Your request must specify how or where you wish to be contacted.

Inspection and copies. You may request access to your health record file and our records of our billings to you, to the extent they are maintained by us. You may inspect and request copies of the records. Under limited circumstances, we may deny you access to a portion of your records. If you are denied access to PHI, you may request that the denial be reviewed. Another licensed wellness professional chosen by us will review your request and the denial. The person conducting the review will not be the person who denied your request. We will comply with the outcome of the review.

If you desire access to your records, you must submit your request in writing. If your medical information is maintained in an electronic health record, you may obtain an electronic copy of your medical information and, if you choose, instruct us to transmit such copy directly to an entity or person you designate in a clear, conspicuous, and specific manner.

If you request paper copies, we will charge you for the costs of copying, mailing, labor and supplies associated with your request. Our fee for providing you an electronic copy of your medical information will not exceed our labor costs in responding to your request for the electronic copy (or summary or explanation).

You should take note that, if you are a parent or legal guardian of a minor, certain portions of the minor’s PHI will not be accessible to you (e.g., records pertaining to wellness services for which the minor can lawfully give consent and therefore for which the minor has the right to inspect or obtain copies of the record; or the wellness provider determines, in good faith, that access to the participant records requested by the representative would have a detrimental effect on the provider’s professional relationship with the minor participant or on the minor’s physical safety or psychological well-being).

Right to amend your records. You have the right to request that we amend PHI maintained in your medical record file or billing records. If you desire to amend your records, your request must be in writing. We will comply with your request unless we believe that the information that would be amended is accurate and complete or other special circumstances apply. If we deny your request, you will be permitted to submit a statement of disagreement for inclusion in your records.

Right to addendum. You have the right to add a 250-word document (“addendum”) to your PHI.

Right to receive an accounting of disclosures. Upon written request, you may obtain an accounting of certain disclosures of your PHI made by us during any period of time six years prior to the date of your request, except that for requests made on or after January 1, 2011 that relate to care, payment or wellness operation disclosures from our electronic health record system, the accounting period is three years. Your written request should indicate in what form you want the list (for example, on paper or electronically). If you request an accounting more than once during a twelve (12) month period, we reserve the right to charge you for the costs involved in fulfilling your additional request. We will inform you of such costs in advance, so that you may modify or withdraw your request to save costs. In addition, we will notify you as required by law if there has been a breach of the security of your PHI.

Paper copy. Upon request, you may obtain a paper copy of this Notice. Even if you have agreed to receive such notice electronically, you are still entitled to a paper copy of this Notice. You may obtain a copy of this Notice by printing out the web page at our website: https://www.newtopia.com/privacy. To obtain a paper copy of this Notice, please ask us for a copy using the contact information at the end of this Notice.

7. Minimum Necessary.

To the extent required by law, when using or disclosing your PHI or when requesting your PHI from another covered entity, we will make reasonable efforts not to use, disclose, or request more than a limited data set (as defined below) of your PHI or, if needed by us, no more than the minimum amount of PHI necessary to accomplish the intended purpose of the use, disclosure, or request, taking into consideration practical and technological limitations. For purposes of this Notice, a “limited data set” means health information that excludes the following items:

Names
Postal address information, other than town or city, State, and zip code
Telephone numbers
Fax numbers
Electronic mail addresses
Social security numbers
Health record numbers
Health plan beneficiary numbers
Account numbers
Certificate/license numbers
Vehicle identifiers and serial numbers, including license plate numbers
Device identifiers and serial numbers
Web Universal Resource Locators (URLs)
Internet Protocol (IP) address numbers
Biometric identifiers, including finger and voice prints
Full face photographic images and any comparable images

8. Changes to this Notice.

We may change our privacy practices from time to time. Changes will apply to current PHI, as well as new PHI after the change occurs. If we make an important change, that may adversely affect you, we will change our Notice. We will also post the new Notice on our website at https://www.newtopia.com/privacy. If our Notice has changed, we will offer you a copy of the current Notice the next time you seek care at one of our locations.

9. Concerns or Complaints.

If you desire further information about your privacy rights, are concerned that we have violated your privacy rights, or disagree with a decision that we made about access to your PHI, you may contact our Privacy Officer (listed below). Finally, you may send a written complaint to the U.S. Department of Health and Human Services, Office of Civil Rights. Our Privacy Officer can provide you the address. We will not take any action against you for filing a complaint.

10. How to Contact Us.

If you would like more information about your privacy rights, please contact Newtopia by calling (888) 639-8181 and ask to speak with the Privacy Officer. To the extent you are required to send a written request to Newtopia to exercise any right described in this Notice, you must submit your request to Newtopia at:

Newtopia Inc., 20 York Mills Road, 4th Floor, Toronto, Ontario, Canada M2P 2C2. Attn: Privacy Officer; or, privacy@newtopia.com

Version 1.7 Effective: 2015/10/01