Privacy Policy
Xcellent Life Terms of Service
Please read these terms of service (“terms”, “terms of service”) carefully before using http://www.xcellentlife.com or http://www.wellness.xcellentlife.com (the “service”) operated by Xcellent Life, LLC
Conditions of Use
We will provide health & wellness services to you, which are subject to the conditions stated below in this document. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully.
Privacy Policy
Before you continue using our website, we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.
Copyright
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of Xcellent Life, LLC and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of Xcellent Life, LLC with copyright authorship for this compilation by Xcellent Life, LLC
Communications
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Applicable Law
By visiting this website, you agree that the laws of the state of Tennessee, without regard to principles of conflict laws, will govern these terms of service, or any dispute of any sort that might come between Xcellent Life, LLC and you, or its business partners and associates.
Disputes
Any dispute related in any way to your visit to this website or to products you purchase from us shall be arbitrated by state or federal court in Tennessee and you consent to exclusive jurisdiction and venue of such courts.
Comments, Reviews, and Emails
Visitors may post content as long as it is not obscene, illegal, defamatory, threatening, infringing of intellectual property rights, invasive of privacy or injurious in any other way to third parties. Content has to be free of software viruses, political campaign, and commercial solicitation.
We reserve all rights (but not the obligation) to remove and/or edit such content. When you post your content, you grant [name] non-exclusive, royalty-free and irrevocable right to use, reproduce, publish, modify such content throughout the world in any media.
License and Site Access
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.
User Account
If you are an owner of an account on this website, you are solely responsible for maintaining the confidentiality of your private user details (username and password). You are responsible for all activities that occur under your account or password.
We reserve all rights to terminate accounts, edit or remove content and cancel orders in their sole discretion.
Protecting your privacy is important to Xcellent Life, LLC. (“Xcellent Life,” the “Company”, “us” or “we”).
This policy describes how the Company may use your data.
Xcellent Life has no plan to take your identifiable Health Information and sell it to anyone. In essence, the
Company may monitor your usage in order to improve the software’s user experience, to use anonymized data
in order to provide aggregated community stats, add online features to expand the usability and depth of its
software offering, and permitted or required by law. This policy describes the extent of the use, protection and
precaution the Company will take in respect of your data. Xcellent has integrated data from HealthKit and that data will
be governed by our policy, which is not to sell data to any advertisers and only use it to further health and wellness.
This Policy explains how the Company collects, uses, and discloses the personal information you may provide
while visiting this the Xcellent Life website or using the Company’s software and applications (the
“Software”) and in its newsletter, electronic messages and announcements (“Electronic Communications”).
Any personal information you provide to the Company while using the Software or enter on or upload to the
Site will be treated with care, subject to this Policy, will not be used or disclosed in ways in which you have
not consented except as indicated below.
By using the Software or visiting the Site, you hereby consent to the collection, use, and disclosure of your
personal information in accordance with this Policy. If you do not agree with this Policy, you may not use the
Site or Software and must delete and destroy all copies of the Software in your possession immediately.
1 Information Automatically Collected
1.1 Non-Identifiable Information
The Software may automatically collect certain non-identifiable information regarding Software users, such as
the serial number of your personal digital assistant or mobile device (i.e. iPhone, iPod Touch, iPad or Android
device). This non-identifiable information is used to send you Electronic Communications from time to time.
At any time, you may ask us to stop sending you Electronic Communications by contacting
info.xcellentlife.com. Your non-identifiable information may be disclosed to others and permanently archived
for future use. The Company also may link your non-identifiable information with other Software users’
personal information. Once such a link is made, all of the linked information is treated as personal information
and will be used and disclosed only in accordance with this Policy, and in accordance with applicable law.
2 Description of the Software’s Content
2.1 The Software is a tool, which uses tables and charts and mathematical computations to allow you to
track the data you input into the Software over time and to compare your data to standardized values and
measurements of the general population. The Software is for your personal, educational, informational,
entertainment use and convenience only, unless you are using the Software at the direction of and in the course
of your medical treatment by a healthcare provider (in which case, see paragraph 3.1.1, below).
3 Personal Information You Specifically Provide
through the Software
3.1 Your Personal Information
In order to use the Software, you will be asked to create an account protected by username and password. To
do so, you must provide your email address as your username and a password of your choosing. Your email
address may be used to send you Electronic Communications from time to time. At any time, you may ask us
to stop sending you Electronic Communications by contacting info.xcellentlife.com or using the unsubscribe
clickable mechanisms provided at the bottom of such communication. Also, during your use of the Software,
you may be asked to voluntarily provide certain personal information (such as your gender, weight, height,
date of birth, ethnicity and other data required by the software to calculate the health risks indicators and
related charts) for various purposes such as using certain special features of the Software.
3.1.1 Health Information: If you are using the Software at the direction of and in the course of your
medical treatment by a healthcare provider, that healthcare provider shall obtain a consent from you to
view your information on the Software as permitted by law. Please note that if you are using the
Software for medical treatment purposes at the direction of a healthcare provider and in the course of
your medical treatment, that provider may access your Health Information in read-only mode and/or
may provide alerts to you through the Software, and may share it with his, her or its business partners
who require access to patient information, within the requirements of the Privacy and Security Rules of
Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) and other applicable U.S. state
laws and any other provincial, federal or national laws and regulations. In addition, your Health
Information may also be used or disclosed by the healthcare provider for the provider’s business
partners or purposes of healthcare treatment, payment (including but not limited to health insurance
claims and reimbursement) and operations of the medical practice, as well as for other purposes
permitted by HIPPA and applicable U.S. state laws. Your Health Information accessed by your
physician or other health professional that is uploaded or otherwise transferred to your health record
maintained by your physician or other health professional is owned by you or your physician or other
health professional, as determined by the law in your jurisdiction.
3.2 Use of Bluetooth Devices
At the user’s discretion, the Software may be connected by Bluetooth technology to health measuring devices.
The manufacturers of these devices have elected to use Bluetooth LE (low-energy) communication as a means
of providing a “real-time” experience to users allowing immediate retrieval of data from their devices. The
Software does not use Bluetooth for any other purpose. If you do not wish to have your personal information
transmitted by Bluetooth you may disable Bluetooth on your smartphone or similar device in the settings
application for that device, or you may simply not connect (or disconnect if you have already connected) the
devices that require Bluetooth on the settings option within mobile application Software.
3.3 Use of Your Personal Information
The use of your personal information is intended to provide you with an improved user experience and
support. The Company may use your personal information to contact and correspond with you, to respond to
your inquiries, to track communications with you, to perform at your request backups of your personal
information, to assist you in tracking your weight and health-related information, in order to generate global
statistics for Software users (anonymized data will be used for this purpose), to help the Company develop new
services and software features that meet your needs, to improve the Software, to provide you with the
Electronic Communications you request or that we think may be of interest or use to you, and as otherwise
permitted or required by law (“Permitted Uses”).
3.4 General Aggregated Statistics and Reports
Information aggregation is intended to provide you with aggregated statistics that may be useful for you to
compare with the aggregated statistics of the user community. Such information shall be of an aggregated form
and non-user-identifiable. As such, the Company may use non-personal information and/or information
rendered anonymous to create aggregate information reports and statistics regarding Software user
demographics and Software user health patterns. None of the information contained in such reports or statistics
can be connected to the identities or other personal information of individual users, but may include categories
based on gender, weight, month and year of birth and country of residence. The Company may publish such
non-identifiable aggregated statistics with any third party without your consent and you will not be entitled to
any consideration whatsoever in respect of such published statistics.
3.5 Disclosure of Your Personal Information
The Company will at all times comply with applicable law when using or disclosing your personal
information. The Company may transfer or otherwise disclose your personal information to its employees,
agents and consultants if the disclosure will enable these parties to perform business, professional or technical
support functions for the Company, as permitted by law. Such parties will be subject to the same obligations as
the Company under this Policy. The Company may disclose your personal information as required by law to a
government institution that has asserted its lawful authority to obtain the information or where the Company
has reasonable grounds to believe the information could be useful in the investigation of unlawful activity if
such disclosure is required by law, or in order to comply with a subpoena or warrant or an order made by a
court, person or body with jurisdiction to compel the production of information, or to comply with court rules
regarding the production of records and information, or to protect the Company’s rights and property.
(A) THE COMPANY MAY BE INVOLVED IN THE SALE OR TRANSFER OF SOME OR ALL OF ITS
ASSETS OR OTHER TRANSACTIONS. AS PART OF THAT TRANSACTION, THE COMPANY MAY
DISCLOSE YOUR PERSONAL INFORMATION TO THE ACQUIRING ORGANIZATION OR OTHER
ORGANIZATION INVOLVED IN THE TRANSACTION, TO THE EXTENT PERMITTED BY LAW, BUT
WILL REQUIRE SUCH ORGANIZATION TO AGREE TO PROTECT THE PRIVACY OF YOUR PERSONAL
INFORMATION IN A MANNER THAT IS CONSISTENT WITH THIS POLICY AND APPLICABLE LAW.
THE COMPANY MAY ALSO DISCLOSE YOUR PERSONAL INFORMATION TO THIRD PARTIES
DESIGNATED BY YOU, AT YOUR REQUEST OR WITH YOUR CONSENT.
3.6 Storing and Securing Your Information
Your personal information is stored by the Software on your device and/or on a Server or Cloud Based Service
in the United States
(A) EXCEPT FOR NON-IDENTIFIABLE OR ANONYMIZED INFORMATION WHICH THE COMPANY
MAY STORE IN PERPETUITY, THE COMPANY MAY STORE AND PROCESS YOUR PERSONAL
INFORMATION FOR THE PERIOD OF TIME DURING WHICH YOUR ACCOUNT REMAINS ACTIVE AND
FOR A PERIOD OF SIX MONTHS AFTER YOU DELETE YOUR ACCOUNT, AFTER WHICH TIME THE
COMPANY WILL DELETE YOUR STORED PERSONAL INFORMATION. THE COMPANY STORES SUCH
INFORMATION IN ITS CLOUD-BASED SERVERS LOCATED IN THE UNITED STATES, AND SAID
INFORMATION MAY BE LOCATED IN OTHER JURISDICTIONS SHOULD ITS SERVER LOCATIONS BE
LOCATED ELSEWHERE AS PART OF A CLOUD COMPUTING BASED ARCHITECTURE WITH RENTED
SERVER CAPACITY FROM A THIRD PARTY SUPPLIER.
(B) INTERNATIONAL USERS – THE COMPANY MAKES NO CLAIMS THAT USER CONTENT
UPLOADED MAY BE APPROPRIATELY PROTECTED PURSUANT TO PRIVACY AND DATA
PROTECTION LAWS OUTSIDE OF THE UNITED STATES. USERS FROM OUTSIDE THE UNITED
STATES, INCLUDING THE EUROPEAN UNION, ARE ADVISED THAT THE COMPANY STORES
PERSONAL INFORMATION ON SERVERS WITHIN THE UNITED STATES, AND THEY ARE FURTHER
ADVISED THAT PERSONAL INFORMATION UPLOADED TO THE SITES MAY NOT BE PROTECTED IN
ACCORDANCE WITH THEIR LOCAL LAWS AND REGULATIONS. IF YOU UPLOAD PERSONAL
INFORMATION TO THE SITES FROM OUTSIDE THE UNITED STATES, YOU DO SO AT YOUR OWN
RISK. THE COMPANY IS NOT RESPONSIBLE FOR COMPLIANCE WITH THE LAWS OF YOUR
JURISDICTION AND MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES THAT IT
COMPLIES WITH PRIVACY, DATA PROTECTION OR CYBER SECURITY LAWS AND REGULATIONS
OUTSIDE THE UNITED STATES.
(C) THE COMPANY UTILIZES COMMERCIALLY REASONABLE AND APPROPRIATE PHYSICAL,
ELECTRONIC, AND MANAGERIAL PROCEDURES TO SAFEGUARD AND SECURE THE INFORMATION
WE COLLECT ONLINE. HOWEVER, NO COMPANY, INCLUDING THIS COMPANY, CAN FULLY
ELIMINATE SECURITY AND/OR PRIVACY RISKS ASSOCIATED WITH PERSONAL INFORMATION
CREATED, STORED OR TRANSFERRED USING THE INTERNET AND INTERNET TECHNOLOGIES.
YOUR USE OF THE SITES AND SOFTWARE IS AT YOUR OWN RISK.
3.7 Accessing Your Personal Information
You may request access to your personal information and information about the Company’s collection, use and
disclosure of that information by contacting the Company at info.xcellentlife.com. Subject to certain exceptions
prescribed by law, you will be given reasonable access to your personal information, and will be entitled to
challenge the accuracy and completeness of the information and to have it amended as appropriate. You can
help the Company maintain the accuracy of your information by notifying the Company of any changes to
your personal information by writing to info.xcellentlife.com.
3.8 Withdrawal of Consent
You may withdraw your consent to the use of personal information about you at any time. To do this, please
contact the Company at info.xcellentlife.com as noted above. Additionally, we routinely provide “opt out” or
“unsubscribe” instructions on our Electronic Communications to provide for your removal from future
transmissions.
4 Information Stored on your Personal Digital
Assistant
4.1 Personal Information Not Used by the Company
During your use of the Software, you may be asked to voluntarily provide certain other personal information
for purposes such as tracking your weight and health-related information as well as generating particular
statistics and information adapted to your profile. Except as specifically mentioned above, the Company will
not hold, use, or disclose any such personal information and all information entered, posted or communicated
with or in the Software is solely at your own risk.
4.2 Personal Information Used by Third Parties
You understand that third-parties, including Apple Inc. or Google Inc. or other device manufacturers and
Internet Service Providers. and/or any of their affiliates, may collect, use and/or disclose your personal
information while using your personal digital assistant or mobile device (i.e. iPhone, iPod Touch, iPad or
Android device) or other software and that such collection, use and/or disclosure is subject to such third
parties’ privacy policy.
I. 4.3 Third-party Applications: When you visit our website or use our app, we collect
certain types of data automatically. This data does not identify you personally. For instance, we
collect information such as your IP address, the pages you visit on our website, the date and time
when you visit the website, the URL that referred you to our website, the device that you use to
visit the website, and the device used when operating the app. We also collect usage information,
such as which feature you are using, for how long and when, and demographic information, such
as your gender and age, which we may prompt you for. The data collected does not identify you
and is used to improve our website’s performance and appearance and to determine demographic
information about our visitors. We may use third-party services, such Google Analytics and, to
collect such data, and Google Analytics Demographics and Interest Reporting. More information
about Google Analytics, including how to opt-out of Google Analytics’ services, is available
at https://support.google.com/analytics/answer/2700409?hl=en&utm_id=ad.
5 COPPA: Generally Not Suitable for Children
Under the Age of [13]
The Software is intended to be used by the general public and is suitable for use by adults and may be used for
personal, educational, informational and convenience purposes only. The Software is not suitable for children
under the age of [13]. We do not intentionally collect or maintain information in the Services from those
visitors and Users of the Services who are under 18 years old. Pursuant to the Children’s Online Privacy Act
(COPPA), we do not knowingly contact or collect personal information from children under thirteen (13). In
fact, our website is not intended for children under thirteen (13) or to solicit information of any kind from
children under thirteen (13).
5.1 In the event that the Company is notified or becomes aware that the Software has been used by a child
under the age of [13] to store information of that child without parental consent, the Company shall be and is
authorized to delete, in its entirety, any of the information stored by the child under the age of [13]. The
Company also reserves the right to revoke any license to use a copy of the Software, which is being used by a
child under the age of [13].
6. Privacy Policy Changes
This Policy may be changed by the Company from time to time in the Company’s sole discretion. You will be
notified of changes to this privacy policy by the Company issuing an update or new version of the Software.
Upon installing the update or new version of the Software you will be asked to review and agree to the new
privacy policy. The Company shall bear no liability for any loss, damage or expense arising directly or
indirectly, from amendments to this Policy. The collection, use and disclosure of your personal information by
the Company will be governed by the latest version of this Policy. New versions of this Policy will be
available on the Xcellent Life website. Your continued use of the Software and receipt or request of any
Electronic Communication subsequent to any changes to this Policy will signify that you consent to the
collection, use and disclosure of your personal information in accordance with the changed Policy.
Accordingly, when you use the Software or receive or request any Electronic Communication, you should
check the date of this Policy and review any changes since the last version.