Last Updated: October 31, 2022
Lark Technologies, Inc. (collectively referred to herein as “Lark”, “we”, “our” or “us”), recognizes the importance of protecting data (“Information”) we may collect from visitors and any other individual or entity (“Users”, “you”, or “your”) who visit our Sites and use our Services (as defined below). This Privacy Policy applies to data collection by Lark and shall apply to your use of the website, lark.com, and other Lark-related sites (each, a “Site” and collectively, the “Sites”), as well as web and mobile applications, software, communications, capabilities and services (“Services”) offered by Lark, but excluding services that state that they are offered under a different privacy policy. Undefined capitalized terms used in this Privacy Policy will have the meanings set forth in our Terms and Conditions or in the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), as specified below.
This Privacy Policy explains: (1) what Information we collect; (2) why we collect it; (3) how we use that Information; (4) how we may share it; (5) the choices we offer, including how to access and update Information; (6) and the measures we take to keep your Information safe. Specifically, our Privacy Policy covers the following topics:
Table Of Contents
Please familiarize yourself with our privacy practices and let us know if you have any questions. By using the Services or Sites, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Services or Sites.
If you have any questions or comments about this Privacy Policy, please submit a request to [email protected].
This Privacy Policy applies to all of the Services offered by Lark and its affiliates, including some Lark Partners, and Services offered on other sites, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.
Lark enters into business relationships with business partners including: health plans or health insurers, including, without limitation, employer-sponsored and government sponsored health plans ("Health Plans"), healthcare providers and/or networks of healthcare providers ("Providers"), and companies, such as employers and service providers, that contract with Health Plans, Providers, and/or Lark ("Contractors") to make Lark’s products and services available to Users who are patients of such Providers or enrollees, members, employees, or participants of such Health Plans or Contractors. Lark’s business partners such as Providers, Health Plans, and Contractors are collectively referred to in this Privacy Policy as “Lark Partners”.
This Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our Services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.
We collect information, including personal data, to provide better services to all our Users. We use the term “Personal Data” to refer to any information that identifies or can be used to identify you. Common examples of Personal Data include: full name, email address, digital identity, such as a login name or handle, information about your device, certain metadata, health information, and medical insurance information. When you use our Sites and Services, we collect Personal Data in the following ways:
• Website
You may choose to provide us with Personal Data, including your name, organization name, title, address, phone number, and email address by completing forms on our website, such as when you request information about our Services, for User support, or to register for a program.
The Sites and Services offer interactive and social features that permit you to submit content and communicate with us. You may provide Personal Data to us when you post information in these interactive and social features. Please note that your postings in these social and community forums of the Sites and Services may be publicly accessible or accessible to other Users.
• Mobile Application
In some cases, certain information is required when creating an account to use our Services on the mobile application, such as your name, email address and password.
In addition, in order to improve your experience with the Services, you may choose to provide additional information such as your gender, birth date, ethnicity, weight, height, insurance provider, physical activity, eating habits, health goals, diet preferences, sleep tracking data, and other health information, such as heart rate, blood pressure, and glucose level. Additional information may be collected if you allow Lark to collect data using Apple HealthKit or Google Fit on your mobile device.
You may also have the ability to link health monitoring devices or wearables (for example, a weight scale, activity tracker, glucometer, or blood pressure monitor) to your account, in which case we will collect your device information, information about your use of that device, and information you choose to share via that device. For example, if you utilize a wearable to track your physical activity levels, and link that device to your Lark account, we may obtain information about the type and amount of physical activity you have engaged in. We are not responsible for the collection and use of your information by third-party device providers or operators. However, once they share your device information with us, we will treat it in accordance with this Privacy Policy.
Lark provides real-time chat-based digital coaching and health-related information to our users via our mobile application. We collect information via your interactions with the digital coach, such as physical activity, eating habits, mood, and weight, in order to help you set and track your progress toward achieving health-related goals.
In connection with the use of the Services, your mobile device may collect certain data points like activity and sleep habits. When your device syncs with Lark’s application, certain data recorded on your device is transferred from your device to our servers.
You may also provide us with Personal Data about yourself when you report a problem or have a question about our Services or provide our third-party service provider with payment method information for the purchase of Service subscriptions.
• Communications with a Live Coach
Certain Lark programs may allow you to contact a live wellness coach who may be available to communicate with you in order to help you achieve your health and wellness goals. If you contact a wellness coach, we collect information about such use in accordance with this Privacy Policy, including information regarding your health goals and other information submitted by you for the purpose of using our Services. Communications with a live wellness coach may be offered via online meeting platforms such as Google Meet, which require Users to access a link via email or create an account with such third-party site. Users who do not have access to such online sites or do not wish to access such sites, can call into the meeting via telephone.
We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about Users’ interactions with the Services, such as a User creating or logging into their account, or opening or interacting with the Services on their mobile device. When you use our Site and Services, we automatically collect and store certain information in service logs and sometimes in our databases. This includes: details of how you used our Site and Services, internet protocol address, cookies that uniquely identify your browser, and the referring web page and pages visited. We may also collect and process information about your location. The information we collect automatically is statistical data and may or may not include Personal Data, but we may maintain it or associate it with Personal Data that we collect in other ways or receive from third parties.
• Location Data
Lark may collect information about your general location and, with your permission, your precise GPS location when you use our Site and Services. Some features within our application may only function upon confirmation of your location, and therefore such features will not be available if you choose not to provide your location data to us. Please configure your mobile device and web browser to review or revoke location access permission.
• Device ID
When using our Services, we or our service provider may collect your unique device ID. We may use such information for internal purposes and to provide you a better experience, such as to troubleshoot application problems you may experience. We may associate device ID with Personal Data you provide to us. You may learn more about and opt out of any anonymous device ID collection via the privacy settings available within your mobile device.
Below is a list of the types of information we collect:
| Category | Type of Personal Data We Collect |
|---|---|
|
Identifiers |
First name, last name, address, health card ID, date of birth, IP address, email address, username or other similar identifiers. |
|
Personal information categories |
Telephone number, insurance policy number, health plan name and group number, medical and health insurance information, employer information, commercial information such as payment method information. |
|
Biometric information |
Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as height, weight, or other physical patterns, and sleep, health, stress, diet, physical activity and exercise data. |
|
Google Fit / Apple Health Kit Data and data collected through connected devices such as activity trackers, glucometers, blood pressure monitors, and weight scales. |
Heart rate, blood glucose, blood pressure, body measurements, physical activity, energy, sleep, birthday, height, weight, workouts. |
|
Geolocation data |
Physical location or movements. |
|
Inferences drawn from other personal information |
Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, abilities, and aptitudes. |
We obtain the categories of Personal Data listed above from the following categories of sources:
We and our partners use various technologies to collect and store information when you visit one of our services, such as information about your browser or device. The Cookies and similar technologies that we may use for automatic data collection may include:
1. Cookies. A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Sites or Services.
2. Web Beacons. Pages of our Sites or Services or our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
3. Website Logging Tools. Clickstream data is information collected via website logging tools by our computers when you request web pages from the Sites. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Sites, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Sites.
4. Mobile Device Identifiers and SDKs. A mobile SDK is the mobile app version of a web beacon (see “Web Beacons” above). The SDK is a bit of computer code that app developers can include in their apps to enable ads to be shown, data to be collected, and related services or analytics to be performed.
5. Additional Technologies: Network Advertisers and other Advertising.
Third party companies that manage and deliver advertisements to websites and applications are commonly referred to as “network advertisers.” A permitted network advertiser may use cookies, web beacons or similar technologies to collect information about your interaction with the Sites or Services or to tailor certain advertisements and content delivered within the Sites or Services or on other websites within such network advertiser’s ad network. These companies may also use non-cookie technologies to recognize your computer or device and/or to collect and record information about your web activity including your activities on or off of the Sites and Services. Lark does not control these third party technologies and their use is governed by the privacy policies of the third parties using such technologies. For more information about third party network advertising industry practices and your options to opt-out of such ad networks’ and services’ advertising practices, see the “Your Ad Choices” section of this Privacy Policy below.
We share certain data with social media networks and search engine platforms to allow us to target existing Users and prospective customers with highly relevant advertising campaigns. For a description of how social media networks handle your information, please refer to their respective privacy policies and terms of use, which may permit you to modify your privacy settings.
We and third-party vendors acting on our behalf, may use the information that we collect through our Sites and Services for a variety of purposes, including:
We use Google Fit and Apple Health Kit data (heart rate, blood glucose, blood pressure, body measurements, physical activity, and location data), and similar data collected from devices and activity trackers that you choose to connect to our Services, to assist with coaching our members so that they can maintain a healthy lifestyle. Lark may also collect data from third party sources (such as publicly available data) and combine this with other data that Lark maintains for purposes of learning more about social determinants of health in a particular region.
Except where prohibited by law, and only to the extent permitted by Lark’s agreements with applicable Lark Partners, we may also use your Information, including Personal Data, in connection with any other services we make available to you.
We may disclose your information in the following circumstances:
Disclosures to Service Providers and Lark Partners
Lark, and third party vendors acting on our behalf, may disclose your Personal Data to Lark Partners, third party service providers, or vendors acting on our behalf, for the purpose of providing the Sites and Services and related services to you or other Users, including, without limitation, determining eligibility, registering you to use the Services (i.e. authenticating your identity), logging you into the Services, providing you with information you have requested through the Services or related services, connecting you with resources and other benefits, filing of medical claims, shipping devices to you (such as weight scales), scheduling coaching appointments and, for any Services that require you to pay a fee, processing your payment and managing your subscription, as well as for Lark Partners’ administration of benefits. Third party service providers or vendors acting on our behalf are authorized to use your Information to provide services to Lark or as required by law, and they are also permitted to aggregate or de-identify your Information, including Personal Data, such that it does not personally identify you.
Additional Disclosures with Your Consent. With your consent outside of this Privacy Policy, we or a Lark Partner may share your Information with third parties or allow them to collect information from the Services in some ways not specifically described in this Privacy Policy. For example, sharing information to streamline your log-in or registration to allow you to use services provided by a third party, such as a healthcare provider.
Security and Compliance with Law. Your Information and the contents of your communications through the Sites and Services may be disclosed to third parties as required by law, such as to comply with a subpoena or similar legal process, or when we reasonably believe disclosure is necessary to protect our rights (including to enforce our Terms and Conditions), protect your safety or the safety of others, investigate fraud, report improper or unlawful activity, or respond to a government request.
Sale, Merger or Similar Business Transaction. We may share your Information in connection with any proposed or actual merger, reorganization, a sale of some or all our assets, a financing or acquisition of all or a portion of our business by another company, or to a receiver, trustee or successor in interest in bankruptcy, in which case such company may continue to process your Information as set forth in this Privacy Policy (except where prohibited by law) or otherwise with your consent.
Non-Personal and Aggregate Site and Services Use Information. Lark may compile and share your Information in aggregated form (i.e., in a manner that would not personally identify you) or in de-identified form so that it cannot reasonably be used to identify an individual (“De-Identified Information”). We may disclose such De-Identified Information publicly and to third parties, for example, in public reports about exercise and activity, or to Lark Partners under agreement with us. Lark may also disclose De-Identified Information for general research purposes and in research collaborations with third parties, such as universities, hospitals or other laboratories to determine the prevalence of particular conditions among Users or to determine whether a User might be suitable for research or clinical trials. Lark may also use De-Identified Information for commercial collaborations with private companies for purposes such as product design or enhancement of Services.
Uses and Disclosures Permitted by Law, Including for Health Care Operations, Public Health, and Research. To the extent not prohibited by law or precluded by Lark’s agreements with the applicable Lark Partner, Lark, and any third party vendors acting on Lark’s behalf, may use and disclose your Personal Data: (a) as required or permitted by law, including, where applicable, HIPAA, which may include disclosures to the applicable Lark Partner; (b) for Research purposes; (c) for purposes of Health Care Operations of the applicable Lark Partner; and (d) for Public Health, as each is defined and in accordance with HIPAA.
Your provision of Personal Data is required in order to use certain parts of our Services and our programs. If you fail to provide such Personal Data, you may not be able to access and use our Services and/or our programs, or parts of our Services and/or our programs.
We may retain your Personal Data for a period of time consistent with the original purpose for collection. For example, we keep your Personal Data for no longer than reasonably necessary for your use of our programs and Services and for a reasonable period afterward. We may retain your Personal Data even after your business relationship with us ends, if reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, resolve disputes, maintain security, prevent fraud and abuse, enforce our Terms and Conditions, in copies made for backup and business continuity purposes, or to fulfill your request to “unsubscribe” from further messages from us. We will retain De-Identified information after your account has been closed.
Subject to applicable law, you may request to access, update, correct, or delete the information we maintain about you by contacting us at [email protected].
Your Rights With Respect to Personal Data
You may have certain rights relating to your Personal Data, subject to local data protection law. We aim to provide you with choices about how we use your Personal Data. Subject to applicable law, you may obtain a copy of the Personal Data that we maintain about you. In addition, if you believe that Personal Data we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.
Privacy Rights Specific to California Residents
Under the California Consumer Privacy Act, California residents have specific rights regarding their Personal Data. This section describes Californians’ rights and explains how California residents can exercise those rights.
Below we further outline specific rights which California residents may have under the California Consumer Privacy Act.
Exercising Your Rights
If you are a California resident who chooses to exercise your rights, you can:
You may also designate an agent to exercise your privacy rights on your behalf. In order to designate an authorized agent to make a request on your behalf, you must provide a valid power of attorney, the requester’s valid government-issued identification, and the authorized agent’s valid government issued identification.
Our Response to Your Request
Upon receiving your request, we will confirm receipt of your request by sending you an email. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the Information. In some instances, such as a request to delete Personal Data, we may first separately confirm that you would like for us to in fact delete your Personal Data before acting on your request.
We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with Lark, we will deliver our written response to that account. If you do not have an account with Lark, we will deliver our written response by mail or electronically, at your option.
In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Data for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
Please note that even though you may request the deletion of your Personal Data, we may be required (by law or otherwise, such as to prevent fraud, resolve disputes, or troubleshoot problems) to retain this information.
You may update or correct information about yourself by making changes to your profile by emailing us at [email protected]. If you completely delete all such information, then your account may become deactivated. We may retain an archived copy of your records as required by law, to comply with our legal obligations, to resolve disputes, to enforce our agreements or for other legitimate business purposes.
We may contact you to request that you update your Information on a regular basis to ensure its integrity for the purposes of ongoing data management.
By providing an email address on the Sites or Services, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any Service-related notices, or to provide you with information about our events, invitations, or related educational information.
For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a User to submit or receive information, as the case may be.
We currently provide the following opt-out opportunities:
Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any Service-related notices.
As described above, Lark allows third party vendors to use cookies and other technologies to collect information when you visit our Sites for the purpose of serving you tailored or targeted advertising (also referred to as “online behavioral advertising” or “interest-based advertising”) within our Sites and Services, or on third party websites within their ad network. For more information about third party advertising networks and similar entities that use these technologies, see http://www.aboutads.info/consumers, and to opt out of such ad networks’ and services’ advertising practices, go to www.aboutads.info/choices and http://www.networkadvertising.org/choices. Once you click the links, you may choose to opt out of such advertising from all participating advertising companies or only from advertising provided by specific advertising companies. Lark does not control or operate these websites or opt out tools, or the choices provided therein.
Our Sites and Services may contain links that enable you to visit or use other third party websites, resources or programs. However, we do not have control over the other websites, resources, or programs that you choose to visit, so this Privacy Policy does not apply to information collected or that you provide while visiting such other websites, resources, or programs. You should refer to the privacy policies, if any, applicable to the other websites, resources, or programs.
The Services are hosted in the United States. Certain Lark personnel, Lark Partners, and some of the third-party service providers to whom we disclose Information (as set forth above) may be located in the United States and other countries, including in countries that may not provide the same level of data protection as your home country. We take steps to ensure that recipients of your Information are bound to duties of confidentiality and we implement measures such as data protection contractual clauses to ensure that any transferred Information remains protected and secure.
Lark maintains administrative, technical and physical safeguards designed to protect Users’ Information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. These safeguards vary based on the sensitivity of the Information that we collect, process and store and the current state of technology. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. We also maintain procedures to help ensure that such data is reliable for its intended use and is accurate, complete and current. If Lark’s third-party payment processor collects payment information in connection with your purchase of a subscription to our Mobile App or Services, that information will only be used to complete the task for which the payment information was offered.
The Site and Services are not intended for use by children and the majority of our Services are only offered to members of participating health plans who are 18 years of age or older. We do not intentionally gather Personal Data about visitors who are under the age of 13. If a child has provided us with Personal Data, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under the age of 13, please contact us at [email protected]. If we learn that we have inadvertently collected the Personal Data of a child under the minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible and prevent that User from utilizing our Services.
Lark does not respond to Do Not Track (DNT) signals. However, some third party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.
California residents are entitled to contact us to request information about whether we have disclosed Personal Data to third parties for the third parties’ direct marketing purposes. Lark does not disclose Personal Data to third parties for their direct marketing purposes. California users may request further information about our compliance with this law by emailing us at [email protected].
Certain of our Services may also be subject to separate HIPAA Notices of Privacy Practices. To read more about Lark’s privacy practices regarding health and medical information under HIPAA, please visit https://www.lark.com/hipaa-notice-of-privacy-practices
Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your explicit consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services or programs, email notification or privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.
If you have any specific questions about this Privacy Policy, you can contact us via email or phone or by writing to us at the address below:
Send email to: [email protected]
Call 650-381-9225
Send mail to our address:
Lark Technologies, Inc.
Attn: Legal Department
2570 El Camino Real
Suite 100
Mountain View, California 94040
U.S.A.