Privacy Policy

Last Updated on February 1, 2024. This Privacy Policy is effective February 1, 2024 for all users. 

This Privacy Policy describes our policies and procedures on the collection, use, disclosure and other processing of your personal information in connection with your use of our services, including those offered through our websites and mobile applications, and in connection with your use of our website and mobile applications (collectively, the “Service”). The terms “we”, “us”, “our” and “Wellness AI” refer to Midtown West LLC., a California corporation with its headquarters in 705 Gold Lake Dr Suite 250 Folsom CA 95630, United States of America.  For the purpose of the General Data Protection Regulation (“GDPR”), we are the controller of any EU personal data.

For information regarding the general use of the Service, please see our Terms of Service https://wellnessai.chat/terms

When you use the Service, you acknowledge that you understand the information in this Privacy Policy and that we will collect, use, disclose, and process your personal information as described in this Privacy Policy. We may translate this Privacy Policy into other languages for your convenience. Nevertheless, the English version governs your relationship with Wellness AI, and any inconsistencies among the different versions will be resolved in favor of the English version available.

If you have any questions, queries or concerns with respect to how we process your personal information, you may contact us by emailing compliance@midtownwestmedia.com or via our website or in our app, or write to us at the following address: Midtown West LLC, Attn: Compliance Department
705 Gold Lake Dr Suite 250 Folsom CA  95630, USA.

• INFORMATION WE COLLECT 

We may collect, transmit, store and otherwise use personal information about you in connection with your use of the Service, including any information you send to or through the Service. 

The personal information we process includes:

• Account Information: When you create a Wellness AI account, you are required to provide certain personal information during that process, such as your full name and email address.  Without such information, we will not be able to create your account.  If you choose to create your Wellness AI account by linking it to another third-party account (such as Google or Facebook), the relevant third party will provide us with certain information to create your account.  You may be required to supplement such information from the third party if we require more to create your account.   In addition to the compulsory information, you may also choose to provide us with further information about you that will form part of your account, such as your gender, phone number, address, birth date, or preferences (as discussed further below).  Any information that is not compulsory for your account can be removed at any time. You can update your account information at any time by visiting the account settings section of the Wellness AI mobile or web app.
• Preferences: When creating your account, we will ask your preferences with respect to dining, other retail establishments, cleanliness, personal protective equipment, activity preferences, and other topics related to the Service.  Further, as you start using the Service, we will also gather information on your preferences based on your activity. We will store and use any such preferences to help personalize your user experience. 
• Public Contributions and Account: Unless we expressly state otherwise, your contributions to the Service are intended for public consumption and are viewable by the public, including your photos, ratings, reviews, lists, and compliments. Such information may include your personal information, for example your opinion, and therefore such personal information will be made public.   Your account profile is also intended for public consumption.  However the following information from your account profile will not be made public: surname, email address, phone number, and date of birth.   Some of your other activity through the Service which may contain personal information will also be made public, like your location when you check-in (including when friends on Wellness AI tag you in their own check-ins), which contributions or users you follow, and which businesses you follow or bookmark. At any time, you can limit the public nature of certain of these activities through your share settings within your Wellness AI profile.
• Contacts: We will request access to your contacts from your computer, mobile device, and/or social media.  By granting us access, you can invite others to become a user of the Service simply by selecting which individuals you want to invite.
• Photos, images, videos,  and documents: We will request access to the photos, images, videos and documents stored on your computer or device to allow you to contribute such content as part of the Service.  
• Location data: Before you provide a rating or comment for an establishment in accordance with the Service, we must confirm you actually attended the establishment.  We do this to limit the number of false or spam ratings or comments made about establishments.  To confirm you attendance, we require access to the location settings on your device.  We will request access to your device location upon setup of your account or before your first post.  We will only process your location data immediately before and during posting your rating or comment.  Providing your device location also allows you to check-in to establishments while there. 
• Necessary Communications: When you sign up for an account or use certain features of the Service, you are acknowledging that you will receive certain messages from Wellness AI to allow you to use the Service. You can manage your messaging preferences through your account settings but note that you cannot opt out of receiving necessary communications relating administrative, transactional, or legal matters from Wellness AI. 
• Message Communications: If you exchange Wellness AI Chat or other messages, which may include personal information, with other users or businesses through the Service, we may store them in order to process and deliver them, and to allow you to manage them.  We will also anonymize (which means you can no longer be identified) and store the messages to analyse how our Service is used.  We will not monitor your messages.
• Wellness AI Communications: We will also store information that you provide through communications to us, including from phone calls, letters, emails and other electronic messages (including through an app), or in person. If you are a representative of a business listed on Wellness AI, or use a phone number associated now or previously with such a business, we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business. Our communications with you, including phone calls, may be monitored and recorded for quality purposes.
• Opt-In Communications: We will also ask your consent to send you certain communications, including those relating to suggested establishments you may wish to visit based on your activity on the Service or the preferences you provided us, possible rewards for use of the Service, the Wellness AI newsletter, or to ask you to complete a survey.
• Device Information:  We also collect and store information about your use of the Service, such as your search activity, the pages you view, the date and time of your visits, and businesses you contact using our mobile applications. We also collect and store information about the computer or mobile device you use when using the Service, such as your browser type, type of computer or mobile device, browser language, IP address, WiFi information such as SSID, mobile carrier, unique device identifier, advertising identifier, and requested and referring URLs and mobile applications. 
• Different Devices: You may access the Service through different devices (e.g., your mobile phone or personal computer) and different platforms (e.g., the Wellness AI website or Wellness AI mobile apps). The information that we collect and store through those different uses may be cross-referenced and combined, and your contributions through one Wellness AI platform may be similarly visible and accessible through all other Wellness AI platforms.
• Professional Information: If you represent a business on Wellness AI, we may collect and display information about you related to your business activities, such as a business name that may incorporate your own name, or a publicly available business address that is also used as a home address. 
• HOW WE USE YOUR PERSONAL INFORMATION

We use the personal information listed above for the following purposes:

• to create your account;
• to provide you with and operate the Service;
• to verify that your activity and contributions in relation to the Service are in accordance with the Terms of Service and all applicable laws;
• to improve the quality of the Service and engage in research and analysis relating to the Service; 
• to personalize your experience and the Service you receive;
• to ensure our Service is secure;
• to market to you the Service and other products and services you may be interested in;
• to fulfill your requests, provide you with customer support and respond to any queries you may have; and
• to comply with any legal obligations that we are subject to. 

We only process your personal data when it is lawful for us to do so. We rely on the following lawful grounds to process your personal data:

• if you provide your consent, for example with respect to receiving marketing communications, allowing us to access your address book, camera or photos;
• the performance of the Terms of Service, which is a contract you agree to when using our Service;
• compliance with a legal obligation to which we are subject, for example if we received a lawful request to disclose personal data; and/or
• the legitimate interests pursued by us or by a third party as listed below, subject at all times to us ensuring your rights and freedoms do not outweigh the pursued interests.

The legitimate interests we pursue are:

• to constantly improve and customize our Service;
• to ensure the safety and security of our Service users and third parties, and to promote such safety and security; and
• to secure our Service from harmful acts such as cyber-security breaches.

•      COOKIES

We, and third parties with whom we partner, may use cookies, web beacons, tags, scripts, local shared objects, advertising identifiers and similar technology (“Cookies”) in connection with your use of the Service. Cookies may contain unique identifiers may transmit information about you and your use of the Service, such as your browser type, search preferences, IP address, data relating to advertisements that have been displayed to you or that you have interacted with, and the date and time of your use. Cookies may be persistent or stored only during an individual session.

The purposes for which we use Cookies in the Service include:

PurposeExplanationProcessesEssential to make the Service work in the way you expect. For example, we use a Cookie that tells us whether you have already signed up for an account.Authentication, Security and ComplianceIntended to prevent fraud, protect your data from unauthorized parties, and comply with legal requirements. For example, we use Cookies to determine if you are logged in.PreferencesIntended to remember information about how you prefer the Service to behave and look. For example, we use a Cookie that tells us whether you have declined to allow us to send push notifications to your phone.NotificationsIntended to allow or prevent notices of information or options that we think could improve your use of the Service. For example, we use a Cookie that stops us from showing you the signup notification if you have already seen it.AdvertisingIntended to make advertising more relevant to users and more valuable to advertisers. For example, we may use Cookies to serve you interest-based ads, such as ads that are displayed to you based on your visits to other websites, or to tell us if you have recently interacted with an ad.AnalyticsIntended to help us understand how visitors use the Service. For example, we use a Cookie that tells us how our search suggestions correlate to your interactions with the search page.

You can set some Cookie preferences through your device or browser settings but doing so may affect the functionality of the Service. The method for disabling Cookies may vary by device and browser but can usually be found in your device or browser preferences or security settings. For example, iOS and Android devices each have settings which are designed to limit forms of ad tracking. With respect to the Google Analytics Cookies, you can remove these by following the steps detailed by Google here: https://support.google.com/analytics/answer/181881?hl=en. 

Further information about Cookies, including how to see what Cookies have been set on your computer or mobile device and how to manage and delete them, visit www.allaboutcookies.org and www.youronlinechoices.com.uk. 

• SHARING INFORMATION WITH THIRD PARTIES

We may share your personal information with the following third parties:

• Content Partners: Any content that you post publicly using the Service, for example a rating of a business, can be accessed and used by a third party by virtue of the content being made public.
• Service Providers: We rely on certain third party service providers to support or provide services for us in connection with your use of the Service, such as communications and hosting, security and fraud prevention, technical and customer support, tracking and reporting usage of the Service, quality assurance testing, payment processing, marketing, and other functions. We may share your personal information with these third party service providers so that they can fully perform their services. 
• Aggregate or Anonymous Information: We may share user information which has anonymized (meaning you cannot be identified) with third parties, such as businesses that are listed on Wellness AI and content distributors. 
• Business Transfers: We may share your information with our parent companies, subsidiaries, joint ventures, or other companies under common control. If another company acquires Wellness AI, or all or substantially all of our assets, that company will possess the same information, and will collect, use, and disclose the information only as described in this Privacy Policy.
• Businesses on Wellness AI: We may share certain of your personal information (such as your city, and if you provide it, your age and gender), details regarding your use of the Service (such as which businesses you search or bookmark, or if you visit a business’s URL) with businesses on Wellness AI. You may adjust your account settings to increase or decrease the amount of information we share. Keep in mind that businesses can also view your public activity and posts and may receive information from or about you when you communicate with them, through the Wellness AI Chat function or otherwise, regardless of your settings.
• Investigations and Legal Disclosures: We may investigate and disclose information from or about you if we have a good faith belief that such investigation or disclosure: (a) is reasonably necessary to comply with legal or law enforcement processes, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process or law enforcement request; (b) is helpful to prevent, investigate, or identify possible wrongdoing in connection with the Service; or (c) protects our rights, reputation, property, or that of our users, affiliates, or the public. 
• Links: The Service may link to third party-controlled websites, like a business’s URL. Except as set forth herein, we do not share your personal information with them, and are not responsible for their privacy practices.  We encourage you to review the terms of service and privacy policy provided by each such third party-controlled website.
• Third Party Integrations: If you create your Wellness AI account using a third party service like Facebook or Google, or link your Wellness AI account to your account with a social media site you have an account with like Facebook, we may receive information about you from such third party service. If you post content on a social media site through the Service, that third party service will also receive that content, which will be visible to anyone that has access to it through that social media site. 
• Business Interactions: If you interact with businesses through Wellness AI, for example by using the Wellness AI Chat function, they will receive whatever information you choose to share with them, for example contact information you share through direct messages to the business or your phone number if you call the business.

If we are required to transfer your personal data to a country outside that in which we collected it pursuant to the above listed circumstances, we will do so in accordance with the applicable data privacy legislation.  The lawful requirements will depend on the flow of personal data, meaning it will depend on whether the sharing of personal data is cross-border and which countries are involved.  At all times, we will ensure a similar degree of protection is afforded to your personal data outside the country in which you are based.

• DATA RETENTION AND ACCOUNT TERMINATION

If you choose to terminate your account and use of the Service in accordance with our Terms of Service, we will remove certain public posts from view and/or dissociate them from your account profile, but we may retain information about you for a limited period of time for the purposes authorized under this Privacy Policy unless prohibited by law. For example, we may retain information to prevent, investigate, or identify possible wrongdoing in connection with the Service or to comply with legal obligations. 

• CHILDREN

The Service is intended for adults and is not directed to children under 13. We do not knowingly collect personal information from children under 13. If you become aware that a child has provided us with personal information without parental consent, please contact us using the contact details given at the start of this Privacy Policy. If we become aware that a child under 13 has provided us with personal information without parental consent, we take steps to remove such information and terminate the child’s account.

• SECURITY

We use various safeguards to protect the personal information submitted to us, both during transmission and after we receive it. However, no method of transmission over the internet or via mobile device, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

• CALIFORNIA RESIDENTS: YOUR CALIFORNIA PRIVACY RIGHTS

Under the California Consumer Privacy Act of 2018 (“CCPA”), California residents have certain rights around Wellness AI’s collection, use, and sharing of their personal information.

Wellness AI does not sell your personal information and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale, as required by law. Similarly, we do not offer financial incentives associated with our collection, use, or disclosure of your personal information.

Wellness AI collects various categories of personal information when you use the Service, including account information, identifiers, commercial information, personal information which forms part of contributions to the Service, internet or other electronic network or device activity information, geolocation data, preferences, communications related to the Service and professional information. A more detailed description of the information Wellness AI collects and how we use it is provided above in Section 1 (Information We Collect) and in Section 2 (How We Use Your Personal Information). Section 4 (Sharing Information With Third Parties) describes the categories of third parties with whom we share personal information, and what information may be shared under different circumstances.

If you are a resident of California, you have the right to request to know what personal information has been collected about you, and to access that information. You also have the right to request deletion of your personal information, though exceptions under the CCPA may allow Wellness AI to retain and use certain personal information notwithstanding your deletion request. You can learn more about how to submit a data rights request by contacting us using the contact details above. We will not discriminate against you for exercising your rights under the CCPA. An agent may submit a request on your behalf, but you must verify that your agent is authorized to do so.

Separate from the CCPA, California’s Shine the Light law gives California residents the right to ask companies what personal information they share with third parties for those third parties’ direct marketing purposes. We do not disclose your personal information to third parties for the purpose of directly marketing their goods or services to you unless you request such disclosure. If you have any questions regarding this policy, or would like to change your preferences, you may contact us using the details listed above.

• NEVADA RESIDENTS: YOUR NEVADA PRIVACY RIGHTS

Nevada law (SB 220) requires website operators to provide a way for Nevada consumers to opt out of the sale of certain information that the website operator may collect about them. Wellness AI does not sell your personal information to third parties as defined in Nevada law, and will not do so in the future without providing you with notice and an opportunity to opt-out of such sale as required by law. If you have any questions regarding our data privacy practices or our compliance with Nevada data privacy law, please contact us using the contact details above.

• DATA SUBJECT RIGHTS

In certain circumstances, and depending on your location, you may have the right to:

• Request access to your personal data which enables you to receive a copy of the personal data we hold about you and to check that we are lawfully processing it.
• Request correction of incomplete or inaccurate personal data that we hold about you. 
• Request erasure or deletion of your personal data. 
• Object to processing of your personal data where we are relying on a legitimate interest (or those of a third party) or where we are processing your personal data for direct marketing purposes.
• Request restriction of processing of your personal data. 
• Request the transfer of your personal data to you or to a third party. 
• Withdraw the consent you have provided where we are relying on consent to process your personal data.
• Complain to the appropriate regulator for any data protection issues. We would, however, appreciate the chance to deal with your concerns before you approach the regulator so please contact us in the first instance.

To exercise one of the above rights, please contact us using the details provided above.

We may need to request specific information from you to help us confirm your identity and ensure you are able to exercise the right you wish to exercise. This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

• MODIFICATIONS TO THIS PRIVACY POLICY

We may revise this Privacy Policy from time to time. If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on our website and in our app prior to or on the effective date of the changes. By continuing to access or use the Service after those changes become effective, you acknowledge the revised Privacy Policy.