Last updated: August 31, 2023
Welcome WWW.THERAPEER.APP (the “Website”) and the THERAPEER Mobile Application (the “App”). PEER LABS LLC (“PEER LABS”, “us”, “we”, or “our”) provides an online venue for persons (“Hosts”) who are seeking emotional health and support, and would like to privately discuss mental health, general health and psychological matters with other persons through the App (“Peers”). We do this through the services offered through the App and Website and by the products and services otherwise offered by us (together the Website, Mobile App, Content (defined below), and all of the products and services offered by us, our “Services”). By accessing or using our Services, you expressly agree to the provisions of and the data practices reflected in this Privacy Policy (our “Policy”), our Terms of Use, and any other policy we may develop from time to time (collectively, “Policies”), which create legal and enforceable agreements. If you do not agree to the practices described below in this Policy, do not use our App, browse our Website or use our Services, as your continued use of our Services indicates that you are agreeing to the collection, use, disclosure, management and storage of your Personal Data and other information as described in this Policy.
Please read this Policy as it includes important information regarding your Personal Data and other information. Capitalized terms not defined in this Policy shall have the meanings given to such terms in the Terms of Service. If you have any questions or concerns, please do not hesitate to contact us at: [email protected]
(a) Personal Data. Personal Data and other information are collected from you when you create an Account with us or when you otherwise disclose Personal Data or other information to us or third parties when using the Services. “Personal Data” means any information that may be used to identify an individual. Personal Data does not include aggregate information. In connection with the Services, you may be asked to provide us the following Personal Data and other information: your name, nickname, email address, mailing address, age, gender, certain site or app related preferences, payment information, aggregate amount spent on our Services, aggregate session time on spent on our Services, and other information in connection with the Services.
(b) Location Data. We and third parties with whom we may partner may collect location information in relation to a User’s Device and use of the Services (“Location Data”) with respect to you. If you use the Services, then you are providing consent to collect Location Data such as the physical location of your Device which will be used to provide you with certain features of the Services. This Location Data is collected anonymously in a form that does not personally identify you. Location Data is aggregated with data from Devices of other Users to enhance the quality of Content Users provide to us and to enhance the quality of the Services we provide to you. We may also share your Location data with third parties. Location Data is shared anonymously in a form that would not personally identify you.
(c) Use Data. When you send or receive Content using our Services, we collect data about that Content.
(d) Log Information. When you browse our Services, you do so anonymously, unless you have previously created an Account with us. However, we may log your IP address to give us an idea of which part of our Services you visit and how long you spend there. However, we do not link your IP address to any Personal Data unless you have logged into our Services. Also, our Services may use a standard technology called a ‘cookie’ to collect information about how you interact with our Services. Please see Section 7 below for more information.
(e) Aggregate Data. Certain aspects of our Services are set up to collect and report aggregate information. Aggregate information is data we collect about the use of the Services or about a group or category of products, services or Users, from which individual identities or other Personal Data has been removed. In other words, information about how you use the Services may be collected and combined with information about how others use the Services. Aggregate data helps us understand trends and User’s needs so that we can better consider new features or otherwise tailor our Services. This Policy does not restrict what we can do with aggregate information.
(f) Analytics. We may use third party analytics tools to collect information about use of our Services. Analytics tools collect information such as how often Users visit or use the Services, what pages Users visit when Users visit our Website, how they use the Services, and the other websites they accessed prior to accessing our Website. We use the information we gather from analytics to improve our Services. Analytics tools collect information such as the IP address assigned to you on the date you visit our Website, device information, location information, total amount spent through our Services, total sessions accessed on our Services, related metadata, nickname, and other personal data associated with the User Profile. Although our analytics tools may plant a cookie on your web browser to identify you as a unique User the next time you visit our Website, the cookie cannot be used by anyone but our analytics tools. We currently use Mixpanel and Crashlytics.
(g) Device Information. We may collect data about the computer or Device you use to access our Services, including the hardware model, operating system and version, MAC address, unique device identifier (‘UDI’), phone number, and mobile carrier information.
(h) Tracking Technologies. We collect information through technology, such as cookies, flash cookies and web beacons, when you visit our Services. Please see Section 7 below for further information regarding tracking technologies.
(i) From Third Parties. We acquire information from other trusted sources to update or supplement the information you provided or we collected automatically. Local law may require that you authorize the third party to share your information with us before we can acquire it. We may also obtain information about you from our affiliates when you use their services (see Section 3(g) below).
We use, allow access to, or disclose your Personal Data to third parties with whom we partner in order to:
(a) enable us to provide the Services to you;
(b) notify you regarding Services, your Account, or fees;
(c) increase the usability of the Services;
(d) provide information about promotional offers;
(e) investigate objectionable use of the Services;
(f) respond to requests for assistance from our customer support team;
(g) analyze trends and use of our Services; and
(h) carry on our business, as determined by us.
We may also anonymize your information to remove personal data so that it cannot be associated with you or any other individual. We may analyze and use anonymized data to conduct research and develop new tools, features, products or services. We may also safely share anonymized data with third parties including our affiliates.
For users located in the U.S. (excluding the Commonwealth of Virginia and the States of Colorado and Connecticut), we may use your Personal Data for the purposes of training artificial intelligence (AI) models. For example, when you chat with Peers or other users via our Services, we may use these conversations to develop new products, services, and tools utilizing AI. We will not use Personal Data of users located in the EU, UK, Virginia, Colorado, Connecticut or any jurisdiction in which such use is not permitted under applicable law for these purposes.
We will share your Personal Data with third parties:
(a) When you have enabled us to share your Personal Data with another company, such as: in sending you offers and promotions about their products and services; or allowing us to share your personal data with third parties, such as Social Media Accounts. Once we share your Personal Data with another company, the information received by the other company becomes subject to the other company’s privacy practices.
(b) When necessary, as determined by us in our sole discretion, to provide Services to you. This includes for the uses listed in Section 2 above.
(c) When required by law or by court order.
(d) To protect our rights and property, to prevent fraudulent activity or other deceptive practices of Users or third parties, or to prevent harm to others.
(e) If we are acquired by or merged with another company, or if our assets are sold to another company. In all of these circumstances, you understand and agree that our Terms of Use and this Policy will be assigned and delegated to the other company.
(f) To perform tasks for us or in connection with our business, as determined by us. We may use third parties to help operate the Services and perform other aspects of the Services. You agree we may share your Personal Data with our Affiliates and other unaffiliated third parties that provide services to us in connection with our business (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, and other similar service providers that use such information on our behalf). Unless otherwise stated, these third parties do not have any right to use the Personal Data we provide to them beyond what is necessary for them to assist us, as determined by us.
(g) Due to our global business activities, your Personal Data will also be transferred to affiliated companies which operate our worldwide portfolio of brands, as listed here: link. By "affiliated companies", we mean legally independent companies that are part of the same group of companies. For details of the affiliated companies within our group, please see here: https://www.ingenio.com/affiliates
We share Personal Data with affiliates for the purposes of our group operations, including: * so that they may provide us, or we may provide them, with various services, including fraud detection and marketing services;
so that we may consolidate the information collected by us and our affiliates to ensure that each affiliate has the most complete and up to date information regarding you;
so that we can efficiently offer our services to you across all of our Services and tailor these to your preferences;
for the purposes of group market research/analysis and group satisfaction evaluations;
to improve our Services and develop new tools, features, products and services; and
for group marketing purposes. PEER LABS and our affiliates will ensure that any necessary consents required by applicable law have been obtained before sending direct marketing communications.
(a) Any Content that you Review, Rating or Comments that you Post may be searchable by other Users and third parties as well as subject to use by others. Once you have Posted Content or made it viewable to others, that Content may be re-shared by others and we have no control or liability regarding how others my use the Content you Post. We make every effort to prevent undesired disclosure of Content or Personal Data. However, we are not responsible for how others may use Content or Personal Data that is disclosed by you to Users or third parties using the Services.
(b) The Services may allow you to share Content on Social Media Accounts. If you use such functionality of the Services, then you should use caution when determining to whom you want to make Content available. If you choose to Post Content on third party Social Media Accounts, then, depending on the privacy settings of your Social Media Accounts, it is possible that persons in addition to those to whom you intended to view that Content could have access to that information. Accordingly, you should use caution when sharing Content via third party Social Media Accounts and you should carefully review the privacy practices of such Social Media Accounts.
(c) We will contact you from time to time for marketing purposes. Unless you have opted out, this could include contacting you by phone or email. You may opt-out of receiving marketing communications from us by the following means: (i) contacting us at [email protected]; (ii) following the instructions in the communication; or (iii) by mailing the request to us at Peer Labs LLC, 182 Howard Street, #826, San Francisco, CA 94105.
We exercise care and prudence in protecting the security of Personal Data provided to us. We carefully protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. Specifically, we / our Payment Processor uses the Secured Socket Layer (‘SSL’) encryption when collecting, storing, or transferring sensitive data. Personal Data is stored in password-controlled servers with limited access. However, you have a significant role in Account security. Someone may see or edit your Personal Data if that person gains access to your username and password, so do not share these with others. WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. BY USING THE APP OR WEBSITE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS.
Users may review and update Personal Data by logging into their Account. If you close your Account, we have no obligation to retain your information, and may delete any or all of your Account information without liability. However, we may retain some Content related to you for any reason we determine. You may request from us what information we are retaining and depending on the information, you can request that we remove the information from our database. We may also retain and use Content Posted by you if necessary to provide Services to other Users. We disclaim any liability in relation to the deletion or retention (subject to the terms of this Policy) of Content or any obligation not to delete the Content.
(a) With your consent, where required, we and other third parties with whom we may partner may use cookies, clear GIFs and .pngs (also known as ‘web beacons’), or local shared objects (sometimes called ‘flash cookies’) to help personalize the Services. A cookie is a text file that is placed on your computer or other device by a server. Cookies cannot be used to run programs or deliver viruses to your computer or other device. Cookies are uniquely assigned to you, and can only be read by the server that issued the cookie to you. A web beacon is typically a transparent .gif or .pngs graphic image (usually 1 pixel by 1 pixel in size) that is used in conjunction with the Services, which allows us or third parties with whom we may partner to measure the actions of Users who interact with the portion of the Services that contain the web beacons. We and other third parties use web beacons to measure traffic and related browsing behavior, and to improve your experience when using the Services. We and other third parties may also use customized links or other similar technologies to track hyperlinks that you click, and associate that information with your Personal Data in order to provide you with more focused communications. You have the ability to accept or decline cookies and web beacons may be unusable if you elect to reject cookies. If you choose to decline cookies, you may not be able to fully experience the interactive features of the Services. For more information on the cookies used by our Services and your rights in relation to these, please see our Cookies Policy linked in the footer of the applicable Service.
(b) ‘Do Not Track’ is a webpage standard that is currently under development. As it is not yet finalized, we adhere to the standards set out in this Policy, and we will do our best to honor a ‘Do Not Track’ but shall have no obligation to do so. Further, you understand and agree that we shall not be liable for and you expressly release, indemnify, hold harmless, and defend us from any claims you may have related to our inability to honor a ‘Do Not Track’ request.
We recognize the need to provide further privacy protections with respect to Personal Data we may collect from Children who use our Services. For that reason, we make every effort to comply with the regulations of the Children’s Online Privacy Protection Act of 1998 (at 15 USC § 6501–6506). As Users of the Services are required to at least 18 years of age, we never knowingly collect or maintain Personal Data through the Services from those we actually know are under thirteen (13), and no part of the Services are structured to attract anyone under thirteen (13). We expressly disclaim, and you expressly release us from, any and all liability whatsoever for any controversies, claims, suits, injuries, harm, loss, penalties, damages, arising from and/or in any way related to any misrepresentations regarding the age of any User. We reserve the right to suspend and/or terminate with or without notice the Account of User who we believe has provided false information when registering for and/or using the Services and each User agrees to make no further use of the Services after termination and/or during suspension.
The Services and/or third parties may provide links to Linked Sites and data provided by third parties. However, we are not responsible for the privacy practices employed by Linked Sites, nor are we responsible for the information or materials that third party data contains. This Policy applies solely to information collected by us through the Services; thus when you use a link to go from the Services to a Linked Site, this Policy is no longer in effect. We encourage Users to read the privacy policies of Linked Sites before proceeding to use them. When you conduct e-commerce with a Linked Site, certain Personal Data s may be collected by the Linked Site and made available to us. As a BetterHelp affiliate, we may receive compensation from BetterHelp if you purchase products or services through the links provided in this app.
The ownership of the website, THERAPEER.APP, the THERAPEER Mobile Application or the company, Peer Labs LLC. may change at some point in the future. Should that occur, we want this site and the company to be able to maintain a relationship with you. In the event of a sale, merger, public offering, conversion of the company entity into a different business entity, bankruptcy or other change in control of Peer Labs LLC, your information may be shared with the person or business that owns or controls this site or the company. Opting out of receiving information from third parties will not affect our right to transfer your information to a new owner, but your choices will continue to be respected regarding the use of your information.
As described in this privacy statement, we will not process your information without a lawful bases to do so. We will process your user information: (1) with your legal consent (when you voluntarily provide information or opt in to certain processing activities); (2) where necessary for the performance of a contract or to take steps to enter a contract (when you enter into a transaction with us); (3) when we have a legal obligation to do so; (4) on the basis of the following legitimate interests, provided that such interests are not overridden by your privacy rights and interests: operating the Services and providing them to you, further developing and improving the Services, analyzing traffic to better serve all Service users, analyzing the likes and dislikes of our users, and to help us to provide a more stable, consistent, and secure user experience.
Under certain circumstances, users based in the EU and UK have rights under data protection laws in relation to your personal data, namely:
Access, correction, update, or erasure of your data: You may have the right to request access, correction, update, or erasure in regards to any personal data we hold about you. We will consider your request in accordance with applicable laws. Restriction of processing your personal data. You may have the right to prevent or restrict processing of your personal data. Portability of your personal data. You may have the right to request transfer of your personal data to a third party, when technically feasible.
If you wish to be have any information regarding you removed from our database, please contact us at [email protected]. If you would like to know what information we have personally identifiable information we have collected about you, if you would like more information regarding the above rights, or to exercise them, please email us at [email protected]..
For purposes of the EU and UK General Data Protection Regulation (GDPR), the data controller is PEER LABS LLC with an office at 182 Howard Street, #826, San Francisco, CA 94105.
Our representative in the EU is:
adviqo GmbH Max-Dohrn-Str. 8 - 10, D10590 Berlin Phone: +49 (0)30 22445 0 E-mail: [email protected]
Our representative in the UK is:
adviqo UK Limited Anglia House, 6 Central Avenue, St Andrews Business Park, Thorpe St. Andrew, Norwich, Norfolk, NR7 0HR, United Kingdom Phone: +44-203-836-5700 E-mail: [email protected]. By using any of our Services from outside the United States, you acknowledge that your personal data may be accessed by us or transferred to us in the United States and to our affiliates, partners, and service providers who are located around the world; and that your personal data will be transferred to, and stored and processed in, the United States or elsewhere in the world where our servers are located. Where your personal data is transferred to a country that has not been deemed to provide an adequate level of protection of personal data when compared with the protections afforded under the GDPR, then we will ensure such transfer is governed by an agreement that incorporates standard contractual clauses approved for these purposes by the relevant body in the EU and/or UK as appropriate. This ensures your personal data remains protected.
This section contains information about policies that apply solely to California residents who use Site and/or Services. If you are a California resident, as of January 2020 you have certain rights regarding your personal information under the California Consumer Privacy Act of 2018 (“CCPA”):
You may request that we provide you with the following information:
Details about the personal information we collect can be found in the “Information Collection and Use” section of this Privacy Policy. The supplemental policy for the CCPA regarding the personal information we have collected over the last 12 months, including the categories of personal information, business purposes, and whether we collect or sell your personal information are provided below:
| Categories of personal information | Business purpose | Collected? | Sold? |
|---|---|---|---|
|
|
YES | NO |
|
Same as category A above | YES | NO |
|
Same as category A above
(only the information provided by you voluntarily is collected) |
YES | NO |
|
Same as category A above | YES | NO |
|
Not applicable | NO | NO |
|
Same as category A above | YES | NO |
|
Same as category A above | YES | NO |
|
Same as category A above | YES | NO |
|
Same as category A above |
YES (advisors only) |
NO |
|
Not applicable | NO | NO |
|
Same as category A above | YES | NO |
The personal information we collect is obtained from the following sources:
From third parties. For example, third party social networking providers, analytics services, advertising companies, and affiliates. If you do not want us to collect information from such third parties, you should review and adjust your privacy settings on those networks accordingly. To assist you in doing this, we have provided links to opt out of these third parties below:
Subject to certain limitations, you may request that we delete the personal information that we have collected about you. Upon verification of your request, we will queue your request for processing and notify you. If your request is denied, we will reply explaining why.
Your personal information is “sold” (as we understand the term “sell” to be defined in the CCPA) when it is shared with a third party for monetary or other valuable consideration for a purpose that is not a “business purpose” as defined in the CCPA. We do not sell your personal information.
If you would like to opt out of promotional email messages, you may do so by clicking the “Unsubscribe” link in any of the email messages you receive.
We will not discriminate against you for exercising your rights under the CCPA.
To exercise the “Right to Know” or the “Right to Request Deletion”, please email Customer Support. Before processing your request, we may ask to verify your identity or the identity of your authorized agent. Requests will be handled within the timeframes specified in the CCPA.
We reserve the right to change this Policy, our Terms of Service, and our other Polices at any time. We will notify you about changes to this Policy by placing the updated Policy on the Services. You agree that your use of the Services after such notification will constitute acceptance by you of such changes to our Policy. This Policy is and any disputes in connection with this Policy are subject to our Terms of Service and our other Policies which are each hereby incorporated herein by reference. In the event of any conflict between the provisions of this Policy and our Terms of Service, our Terms of Service shall control.
We value your comments and opinions. If you have questions, comments or a complaint about compliance with this Policy, you may send a written notice to us at: [email protected] or Peer Labs LLC, 182 Howard Street, #826, San Francisco, CA 94105.
If you feel that your personal data has been processed in a way that does not meet the GDPR, you have the right to file a complaint with the relevant supervisory authority.
