PRIVACY POLICY
NATURE TIME WEBAPP

Nature Time is a limited liability company registered in USA.

We encourage you to read this Privacy Policy as well as our Terms of Use and Medical Disclaimer. By using Nature Time’s Web-App and Website Services, you are agreeing to all the terms herein and that of our Terms of use and that they shall be legally binding between Nature Time and you. The provision herein as well as our Terms of Use shall govern your access to and use of our Services.

By using the website and/or the services and providing us with personal information, you agree to the practices described in this Privacy Policy and to the updates to this policy posted here from time to time. To make sure you stay informed of all changes, you should check these policies periodically. Updates will be referenced by the “Last Updated” date shown at the end of this Policy.

We care about the privacy of our Users. You understand that by using the Service you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy below, and to have your Personally Identifiable Information collected, used, transferred to and processed in the United States. We cannot guarantee that unauthorized third parties will never be able to defeat our security measures. You acknowledge that you provide your information at your own risk.
Nature Time (“Provider”) is an online application that allows participants to enter and store information pertaining to daily physical activity and other personal health metrics measured outside of a clinical setting. This privacy statement applies to the data collected on the Provider site or on corporate portal sites run by Provider; it does not apply to data collected through other online or offline sites, products or services.

LINKS
Links provided within the Online Services will allow you to connect to other websites and services that are not under Nature Time control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.

2.DATA
Personally Identifiable Information Submitted by Children Under 13

2.1 No part of the provider/ user services is intended for use by persons under 13 years of age without the written consent of a parent or guardian. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE PROVIDER SERVICES AT ANY TIME OR IN ANY MANNER WITHOUT PARENTAL CONSENT (as described below). If we determine that personally identifiable information of persons under 13 has been collected without verifiable parental consent, we will remove the information from our systems. If you are a parent or guardian and learn that your child under 13 has created a user account, you may contact us and request that the information be removed from our systems.

2.2 On occasion, a client program administrator may ask that Provider collect the personal information of children under 13, in order to include the children of its enrollees in activities and challenges. In that case, we will ask for a parent or guardian email address, so that we may seek consent from the parent or guardian to collect that information. We will not collect the information of children under 13 without such consent, and we will not use the parent or guardian email address for any purpose other than to receive such consent and to provide the services. Once consent has been provided, it may be revoked at any time, and the child’s information will be deleted from Provider’s records. The consenting parent or guardian may review any personal information collected about the child, or revoke consent, by contacting Provider at [email protected]

2.3 Data Collection and Transfer
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
We collect the e-mail addresses of those who communicate with us via e-mail, aggregate information on what pages users access or visit, and information volunteered by the user (such as survey information and/or site registrations). The information we collect is used to improve the content of our web pages and the quality of our service, and is not shared with or sold to other organizations for commercial purposes, except to provide products or services you’ve requested, when we have your permission, or under the following circumstances:
If it is necessary to share information in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of Terms of Service, or as otherwise required by law.
We transfer information about you if Provider is acquired by or merged with another company. In this event, Provider will notify you before information about you is transferred and becomes subject to a different privacy policy.

2.4 Cookies
A cookie is a small amount of data, which often includes an anonymous unique identifier, that is sent to your browser from a web site’s computers and stored on your computer’s hard drive. We may use cookies to record current session information, but do not use permanent cookies. You are required to log-in to your Provider Project Site after a certain period of time has elapsed to protect you against others accidentally accessing your account contents. Please note: cookies are required to use the Provider service.

Information We Collect, Store or Use
a. Usernames, email addresses, passwords, full name, photos, comments, social media handles (if used to log in), physical activity and zip code. Data is stored securely on AWS, Woo Commerce & WP, a secure server and Cognito and can only be accessed through provider credentials.

b. “Location Data” through your device means either approximate location or, with your consent, precise location when you use the Nature Time app- map it feature- will redirect you to google maps, which will use your zip code entered to offer certain green or blue spaces near the zip code entered. We use this data to surface green or blue spaces nearby. For example, some users are not near any existing nature spaces, by placing your zip code when you create an account- it can automatically open google maps- when tapping on “Map it” feature in the Nature Time app and show you various green or blue spaces within that zip code.

c. Information you provide when you fill in any forms on our website www.naturetime.app or www.naturetimeapp.com (“Website”, or “our Website”). This includes, amongst others, information that you provide when you register to use our Website, create a profile, download our app (“webApp”, or, “our App”), subscribe to our Services, post material / content and/or when registering for premium Services. Please be advised that when you post material or create a profile or when you upload (subsequently edit) User Generated Content on our Website and App, it is particularly essential for you to adhere to and understand our Privacy Policy and Terms of use. You shall respect the privacy of others and that you shall not post unsuitable or infringing materials.

d. If you contact us (for example, if you report an issue or problem with our Website or App) via email, we may keep a record of that correspondence for up to 30 days;

e. We may request for you to complete surveys or provide quality ratings for research and/or development purposes (which you do not have to respond to);

f. We may also automatically collect other non-personally identifiable information each time you visit our Website, including:

g. Technical information, including the IP (Internet Protocol) address used to connect your computer to the internet, browser type and version, device type and screen size.

h. Information about your visit, including the full URL (Uniform Resource Locator), page response times, download errors, and length of visits to certain pages.

j. We do not store debit/credit card details on our Website, App, database or servers. Please be advised that we use the Apple Pay, pay pal and credit card as third party providers to process payment(s) for any chargeable Services. Such third party providers may provide you with an option whether you wish for your card details to be stored for your convenience. It is important for you to read their terms of use

k. Please be advised that we never knowingly collect data from anyone under 13; If you become aware that a child has provided us with Personal Data without parental consent, please contact us at [email protected] and we will take steps to remove the data and cancel the child’s account.

L. Please be advised that before you provide to us any personal information of another person, you must obtain that person’s consent.

3. Sharing of Your Information
a. We may share non-personally identifiable information with our affiliates and partners in order to provide and/or improve our Services. We may also share non-personally identifiable Challenge achievements with Affiliates, partners and third parties in order to issue prizes, results, or achievement summaries in order to provide our Services. We may disclose your personal information on a confidential basis, to any member of our Affiliate, employees, professional advisers, consultants and/or valid representatives, in so far as reasonably necessary, and for the purposes of performing our obligations and providing you with our Services;

b. We may also disclose your personal information to third parties:

c.. if we sell the ownership of our company, business or assets, or, buy any business or assets, in which case we may disclose your personal information, on a confidential basis, to the prospective buyer or seller, respectively; in which case we will give the affected Users notice before any personal information is transferred (or becomes subject to a different privacy policy);

II. if we are under a duty to disclose your personal information in order to comply with our legal obligation, or, if required under a court order;

III. in order to enforce or exercise our rights (statutory, contractually or otherwise);

IV. in order to implement our Policy and Terms of use (such as in relation to an investigation of potential breach of our Policy and/or Terms of Use);

V. in order to protect the rights, property, or safety of Nature Time, our Members, Users or the public, as required and permitted by law.

c. Your profile may be viewed by Members of our Website or App. It is your responsibility to ensure your credentials are secured and your profile is truthful and kept up to date; and, to ensure any Content you post is in compliance with law, our Policy and Terms of Use

d. We will not sell, distribute or lease your personal information to third parties unless we have your permission or are required by law to do so.

4. Data Storage
Provider uses hosting services (such as Amazon Web Services) and Woo Commerce and Word Press to provide the necessary hardware, software, networking, storage, and related technology required to run Provider. Although Provider owns the code, databases, and all rights to the Provider application, you retain all rights to your data.

5. Disclosure
Provider may disclose personally identifiable information under special circumstances, such as to comply with law or legal process, or in response to lawful requests from public authorities, including to meet national security or law enforcement requirements. We may also disclose your personal information to a third party for a business purpose. For example, we may disclose personally identifiable information to a contractor or service provider to perform work on our behalf. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. Finally, in the event that Provider sells or transfers all or a portion of its business or assets, personal information about our users would be among the assets transferred to the buyer.

6. Access and Deletion Rights

a. We will retain your Personal Data for as long as you maintain an account or as otherwise necessary to provide you the Services. We will also retain your Personal Data as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers to:
Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you.
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
Debug products to identify and repair errors that impair existing intended functionality.
Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
Comply with a legal obligation.
Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

b. You have the right to rectify any personal information that we have about you, or to complete partial information. In the majority of cases, the ability to fix inaccurate or incomplete personal data is built into our app, and will not require our assistance. If you are unable to directly update or correct the information within your account, you can contact us at [email protected] to request that we update or correct the information for you. We will respond to your request within a reasonable timeframe.

7. Changes
Provider may periodically update this policy. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your Provider account or by placing a prominent notice on our site.

Third Party Wellness Providers
Provider never sells your data. However, if a third party wellness provider administers your program (such as your employer, wellness provider, health insurance carrier or plan), it may have access to the following Personal Information:
Name (if required in registration)
Username
Email address
Registration date
Last login date
Program Data
Activity data (from wellbeing scale and activity report )
Data (from a device such as a Fitbit or other )
Participant answers to pop up questions posted on this site
Type of device linked (if any) and last sync time/date from device
Challenges that the participant does

8. Provider and HIPAA
Since Provider is not a health plan, information clearinghouse, nor a provider of healthcare services or medical/diagnostic advice, Provider is not covered under the HIPAA regulations or the 2009 ARRA extensions to HIPAA. Activity and health information entered into the Provider site, generally referred to as “Observations of Daily Living”, are similarly not covered under HIPAA or the ARRA extensions. Our privacy rules ensure that the data you enter is protected and private – since Observations of Daily Living data is not shared with sponsoring companies or other related entities, except as provided below.

Personal Activity, Health Metrics, and Privacy
In addition to activity data, Provider offers participants the ability to enter personal health metrics including mood, Programs chosen and other that we may add . This personal health data entered into Provider is always private to the individual participant, with the exception of activity data (i.e. programs converted to Information for activity report and mood smiles – wellbeing scale- converted to information for activity report). This personal health information is not visible or accessible to other participants on the webapp/ site. Some program administrators may choose to turn one or more health tracking features off, so that participants are limited strictly to other entries. Program Administrators may have access to the following information:
Name (if required in registration)
Username
Email address
Registration date
Last login date
Step Data
Activity data (from activity converter)
Self-entered location data (e.g.: branch office or address)
Participant answers to pop up questions posted on this site
Type of device linked (if any) and last sync time/date from device
Challenges that the participant does
Team(s) participant is on
or other that is handled by a company that went into a professional contract with Nature time

Activity and step entries are considered “public” information (within the context of your specific program) and are used to tally individual and team results in challenge events and competitions. In this case, “public” means other participants and administrator(s) logged into the private program ( those entered into a private professional contract with Nature Time), not the internet at large. This is similar to athletic events or contests where information about participant performance is available to other participants and interested parties.

Your Choices for Limiting Use and Disclosure of Your Personal Information
You have the choice at any time to opt out of personal communications. Additional options for reducing the use of your information depend on the terms of Provider’s engagement with the client, likely your company or organization. For more information about limiting use of your personal information by the organization that contracted for Provider’s services on your behalf, please contact that organization directly. If you do not know how to contact that organization, please contact [email protected] and we will do our best to assist you.

9. INTELLECTUAL PROPERTY RIGHTS

9.1 Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial or other purpose whatsoever, without our express prior written permission. Neither the name of Nature Time nor our logos or other trademarks may be used in any way without our prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site.

9.2 There might be instances where content was used from various sources- with all references and referrals can be found in the section on the menu bar- stated- References / Referrals – where all information that has been used- has been cited properly in this section. If anyone has any issues with any content they claim belongs to them, that is on the site and is not properly cited – please contact us to fix/ resolve any issues: [email protected]
Contributing Content by Providers or other – we have the legal right to use all content provided to us by a third party, contributor, freelance, or other that has given us the content to use in the web app

9.3 License.
You grant to Nature Time (and its affiliates) a non-exclusive, worldwide, royalty-free, sub-licensable and transferable license to use, copy, modify, distribute and publish any content You provide to Nature Time- The foregoing license survives termination of this Contract with regard to content provided prior to termination. You represent and warrant that you own or have all necessary rights to such content (including to grant the license above).

10. ARTCILES SHARED
All articles shared by the provider on the web app, is public links, public articles that can be found on the internet, have been shared publicly in various social media sites, research sites or other that are public use.
The articles shared can all be found under: Nature News- which can be accessed from the Wellness Menu in the app.

Other Websites and Others
a. Our Website may contain links to other websites of interest. These third parties’ websites may have their own privacy policies, which are entirely independent from and have no relation to us.

11. Dispute Resolution
If Provider maintains your personally identifiable information, you may direct any inquiries or complaints concerning our compliance to [email protected]. Provider shall respond within 45 days. If your complaint cannot be resolved through Provider’s internal processes, Provider will cooperate with JAMS pursuant to the JAMS International Mediation Rules, available on the JAMS website at www.jamsadr.com/international‑mediation‑rules. JAMS mediation may be commenced as provided for in the relevant JAMS rules. The mediator may propose any appropriate remedy.

12. LEGAL DISPUTES
In the event that you have a dispute with one or more other users, you hereby release the Covered Entities from any and all claims, demands, damages (actual and consequential), losses and liabilities of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to these disputes. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

Exceptions to Disclaimers and Exclusions of Damages.
If you live in a jurisdiction that does not allow disclaimer of warranties or exclusion of damages, the foregoing disclaimers and exclusions may not apply to you. For New Jersey residents, the limitations set forth above are inapplicable where attorneys’ fees, court costs, or other damages are mandated by statute.

Timing of Claims
You must bring any claim you have against Nature Time relating to these Terms or the Online Services within one year from the date of accrual of the applicable claim.

13. ARBITRATION AGREEMENT

Initial Dispute Resolution
We are available by email at [email protected] to address any concerns you may have regarding your use of the Online Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.

Terms of Service and Binding Arbitration Agreement
If the parties do not reach an agreed upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance and breach), the parties’ relationship with each other and/or your use of the Online Services shall be finally settled by binding arbitration administered by JAMS on a non-confidential basis in accordance with the provisions of its then-effective rules, including its streamlined procedures, excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms, including, but not limited to any claim that all or any part of these Terms is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The procedures and rules of the Federal Arbitration Act shall exclusively govern the interpretation and enforcement of this arbitration provision and the parties hereby reject, waive and disclaim the application of any state Arbitration Act.

The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/rules-streamlined-arbitration, or by calling JAMS at 1.800.352.5267. To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, PRA will pay the additional cost. A request for payment of fees should be submitted to JAMS along with your form for initiating the arbitration, and PRA will make arrangements to pay all necessary fees directly to JAMS. If the arbitrator finds the arbitration to be non-frivolous, we will pay all of the actual filing and arbitrator fees for the arbitration, provided your claim does not exceed $75,000. The arbitration rules also permit you to recover attorney’s fees in certain cases.

The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court.

Class Action Waiver
The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.

Exception – Small Claims Court Claims
Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

30 Day Right to Opt Out
You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth in the preceding three paragraphs by sending written notice of your decision to opt-out to the following address: [email protected] The notice must be sent within thirty (30) days of your agreement to these Terms, otherwise you shall be bound to arbitrate disputes in accordance with the terms of those Sections. If you opt-out of these arbitration provisions, Nature Time also will not be bound by them.

Exclusive Venue for Litigation
Solely to the extent the arbitration provisions set forth above do not apply, or for purposes of either party enforcing an award granted to it pursuant to arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New York State. The parties expressly consent to exclusive jurisdiction in In New York State or any litigation other than small claims court actions. The Parties irrevocably consent to personal jurisdiction in New York State for any litigation and hereby waive, for all purposes, their right to challenge the lack of personal jurisdiction of New York State over any litigation arising in connection with, out of, or as a result of (a) these Terms or the Online Services, and (b) any acts or omissions of any of the Covered Entities in connection with these Terms or the Online Services.

Changes to Our Privacy Policy
We reserve the right to make changes or variations to our Privacy Policy, from time to time. Any changes to our Privacy Policy shall apply to the use of our Website and WebApp from the time of publication of the revised policy on our Website and/or App.

14. CONTACT NATURETIME
If you have questions regarding any of these Terms, you can write to us [email protected]