This Policy applies to all Thistle’s operating divisions, subsidiaries, affiliates, and branches, and any additional subsidiary, affiliate, or branch of Thistle that we may subsequently form.
3. TRANSPARENCY/NOTICE—TYPES OF PERSONAL INFORMATION WE COLLECT AND HOW WE USE IT
The types of Personal Information we may collect (directly from you or from Third-Party sources) and our privacy practices depend on the nature of the relationship you have with Thistle and the requirements of applicable law. Some of the ways that Thistle may collect Personal Information include:
You may provide Personal Information directly to Thistle through interacting with the Services, participating in surveys, during events such as sweepstakes, and requesting Services or information.
As you navigate the Services, certain passive information may also be collected about your visit, including through cookies and similar technologies as described below.
We endeavor to collect only that information which is relevant for the purposes of Processing. Below are the ways we collect Personal Information and how we use it.
Thistle collects Personal Information regarding its current, prospective, and former clients, customers, users, visitors, guests, and Employees (collectively “Individuals”).
Information You Provide Directly to Us. When you use the Services or engage in certain activities, such as registering for an account with Thistle, responding to surveys, requesting Services or information, or contacting us directly, we may ask you to provide some or all of the following types of information:
User Accounts and Profiles. Our Services may give you the ability to register for an account or to create and update a user profile on the applicable Service. If we offer user account or profile functionality on the Services, we will collect the Personal Information that you provide to us in the course of registering for an account or creating or updating a user profile. This information may include, for example, name, postal address, telephone number, e-mail address, dietary concerns, allergies, food preferences and related demographic information about you. We may indicate that some Personal Information is required for you to register for the account or to create the profile, while some is optional.
Transaction Information. When you submit an order on the Service, we will collect any Personal Information you provide in connection with such order such as information about the Products you purchase, shipping and delivery information and information related to returns, refunds and cancellations. We may also collect and store limited payment information from you, such as payment card type and expiration date and your payment card number; however, we do not collect or store full payment card numbers and all transactions are processed by our third party payment processor.
Location Information. We may also collect and store your location information if you enable your mobile device to send it to us.
Communications with Us. We may collect Personal Information from you such as email address, phone number or mailing address when you choose to request information about our Services, create an account, register for Thistle’s newsletter or a loyalty program that we may offer from time to time, request to receive customer or technical support, or otherwise communicate with us.
Surveys. From time to time, we may contact you to participate in online surveys. If you do decide to participate, you may be asked to provide certain information which may include Personal Information. All information collected from your participation in our surveys is provided by you voluntarily. We may use such information to improve our products, Sites and/or Services and in any manner consistent with the policies provided herein.
Information Submitted Via Services. You agree that Thistle is free to use the content of any communications submitted by you via the Services, including any ideas, inventions, concepts, techniques, or know-how disclosed therein, for any purpose including developing, manufacturing, and/or marketing goods or Services. Thistle will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) you grant us permission to do so; (b) we first send notice to you that the materials or other information you submit to a particular part of a Service will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Information from Other Sources. We may receive information about you from other sources, including through Third-Party services and organizations to supplement information provided by you. For example, if you access our Services through a Third-Party application, such as an App Store or SNS, we may collect information about you from that Third-Party application that you have made public via your privacy settings. Information we collect through App Stores or SNS accounts may include your name, your SNS user identification number, your SNS user name, location, sex, birth date, email, profile picture, and your contacts on the SNS. This supplemental information allows us to verify information that you have provided to Thistle and to enhance our ability to provide you with information about our business, products, and Services.
We acquire, hold, use, and Process Personal Information about Individuals for a variety of business purposes, including:
To Provide Products, Services, or Information Requested. Thistle may use information about you to fulfill requests for products, Services, or information, including information about potential or future Services, including to:
Generally manage Individual information and accounts;
Respond to questions, comments, and other requests;
Provide access to certain areas, functionalities, and features of Thistle’s Services;
Contact you to answer requests for customer support or technical support;
Allow you to register for events.
Administrative Purposes. Thistle may use Personal Information about you for its administrative purposes, including to:
Measure interest in Thistle’s Services;
Develop new products and Services;
Ensure internal quality control;
Verify Individual identity;
Communicate about Individual accounts and activities on Thistle’s Services and systems, and, in Thistle’s discretion, changes to any Thistle policy;
Send email to the email address you provide to us to verify your account and for informational and operational purposes, such as account management, customer service, or system maintenance;
Process payment for products or Services purchased;
Process applications and transactions;
Prevent potentially prohibited or illegal activities;
Enforce our Terms.
Marketing Thistle Products and Services. Thistle may use Personal Information to provide you with materials about offers, products, and Services that may be of interest, including new content or Services. Thistle may provide you with these materials by phone, postal mail, facsimile, or email, as permitted by applicable law. Such uses include:
To tailor content, advertisements, and offers;
To notify you about offers, products, and Services that may be of interest to you;
To provide Services to you and our sponsors;
For other purposes disclosed at the time that Individuals provide Personal Information; or
Otherwise with your consent.
You may contact us at any time to opt out of the use of your Personal Information for marketing purposes, as further described in Section 6 below.
Research and Development. Thistle may use Personal Information to create non-identifiable information that we may use alone or in the aggregate with information obtained from other sources, in order to help us to optimally deliver our existing products and Services or develop new products and Services. From time to time, Thistle may perform research (online and offline) via surveys. We may engage Third-Party service providers to conduct such surveys on our behalf. All survey responses are voluntary, and the information collected will be used for research and reporting purposes to help us better serve Individuals by learning more about their needs and the quality of the products and Services we provide. The survey responses may be utilized to determine the effectiveness of our Services, various types of communications, advertising campaigns, and/or promotional activities. If an Individual participates in a survey, the information given will be used along with that of other study participants. We may share anonymous Individual and aggregate data for research and analysis purposes.
Direct Mail, Email and Outbound Telemarketing. Individuals who provide us with Personal Information, or whose Personal Information we obtain from Third Parties, may receive periodic emails, newsletters, mailings, or phone calls from us with information on Thistle’s or our business partners’ products and services or upcoming special offers/events we believe may be of interest. We offer the option to decline these communications at no cost to the Individual by following the instructions in Section 6 below.
Anonymous and Aggregated Information Use. Thistle may use Personal Information and other information about you to create anonymized and aggregated information, such as de-identified demographic information, de-identified location information, information about the computer or device from which you access Thistle’s Services, or other analyses we create. Anonymized and aggregated information is used for a variety of functions, including the measurement of visitors’ interest in and use of various portions or features of the Services. Anonymized or aggregated information is not Personal Information, and Thistle may use such information in a number of ways, including research, internal analysis, analytics, and any other legally permissible purposes. We may share this information within Thistle and with Third Parties for our or their purposes in an anonymized or aggregated form that is designed to prevent anyone from identifying you.
Sharing Content with Friends or Colleagues. Thistle’s Services may offer various tools and functionalities. For example, Thistle allows you to provide information about your friends through our referral Services, such as “Tell a Friend.” Our referral Services may allow you to forward or share certain content with a friend or colleague, such as an email inviting your friend to use our Services. Email addresses that you may provide for a friend or colleague will be used to send your friend or colleague the content or link you request, but will not be collected or otherwise used by Thistle or any other Third Parties for any other purpose.
Cookies. Cookies are small text files placed in visitors’ computer browsers to store their preferences. Most browsers allow you to block and delete cookies. However, if you do that, the Site may not work properly.
Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded on the Site that collects information about users’ engagement on that web page. The use of a pixel allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement.
Analytics. We may use analytics services such as Google Analytics and Google Analytics Demographics and Interest Reporting to collect information regarding visitor behavior and visitor demographics on some of our Services, and to develop Site content. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners/. You can opt out of Google’s collection and Processing of data generated by your use of the Services by going to http://tools.google.com/dlpage/gaoptout.
Our uses of such Technologies fall into the following general categories:
Advertising or Targeting Related. We may use first-party or Third-Party cookies and web beacons to deliver content, including ads relevant to your interests, on our Sites or on third party sites. This includes using technologies to understand the usefulness to you of the advertisements and content that has been delivered to you, such as whether you have clicked on an advertisement.
If you would like to opt out of the Technologies we employ on our Sites, Services, applications, or tools, you may do so by blocking, deleting, or disabling them as your browser or device permits.
The Site may contain links to other websites and other websites may reference or link to our Site or other Services. These other domains and websites are not controlled by us, and Thistle does not endorse or make any representations about Third-Party websites or social media platforms. We encourage our users to read the privacy policies of each and every website and application with which they interact. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other websites or applications. Visiting these other websites or applications is at your own risk.
Thistle’s Services may include publicly accessible blogs, community forums, or private messaging features. The Site and our other Services may also contain links and interactive features with various social media platforms. If you already use these platforms, their cookies may be set on your device when using our Site or other Services. You should be aware that Personal Information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum may be viewed and used by others without any restrictions. We are unable to control such uses of your information when interacting with a social media platform, and by using such Third –Party services you assume the risk that the Personal Information provided by you may be viewed and used by third parties for any number of purposes.
We may use Third-Party software development kits (“SDKs”), such as the Adobe or Adjust Inc. SDK, as part of the functionality of our Services. Third-Party SDKs may allow Third Parties including advertisers to collect your Personal Information to provide content that is more relevant to you. You may opt out of tracking by following the instructions below.
When you make purchases through the Services, we process your payments through a Third-Party service or application. The Third-Party service or application may collect certain financial information from you to process a payment on behalf of Thistle, including your name, email address, address and other billing information.
4. HUMAN RESOURCES DATA
Thistle collects Personal Information from current, prospective, and former Employees, their contact points in case of a medical emergency, and beneficiaries under any insurance policy (“Human Resources Data”). The Human Resources Data we collect may include title, name, address, phone number, email address, date of birth, passport number, driver’s license number, Social Security number or other government-issued identification number, financial information related to credit checks, bank details for payroll, information that may be recorded on a CV or application form, language abilities, contact information of third parties in case of an emergency and beneficiaries under any insurance policy. We may also collect Sensitive Human Resources Data such as details of health and disability, including mental health, medical leave, and maternity leave; information about national origin or immigration status; and optional demographic information such as race, which helps us achieve our diversity goals.
We acquire, hold, use and Process Human Resources Data for a variety of business purposes including:
Workflow management, including assigning, managing and administering projects;
Human Resources administration and communication;
Payroll and the provision of benefits;
Compensation, including bonuses and long-term incentive administration, stock plan administration, compensation analysis, including monitoring overtime and compliance with labor laws, and company recognition programs;
Job grading activities;
Performance and employee development management;
Organizational development and succession planning;
Benefits and personnel administration;
Helpdesk and IT support services;
Internal and/or external or governmental compliance investigations;
Internal or external audits;
Litigation evaluation, prosecution, and defense;
Diversity and inclusion initiatives;
Restructuring and relocation;
Emergency contacts and services;
Compliance with statutory requirements;
Processing of Employee expenses and travel charges; and
Acquisitions, divestitures, and integrations.
5. ONWARD TRANSFER—THISTLE MAY DISCLOSE YOUR INFORMATION
We Use Vendors and Service Providers. We may share any information we receive with vendors and service providers. The types of service providers (processors) to whom we entrust Personal Information include service providers for: (i) provision of IT and related services; (ii) provision of information and services you have requested; (iii) payment processing; (iv) customer service activities; and (v) in connection with the provision of the Site. Thistle has executed appropriate contracts with the service providers that prohibit them from using or sharing Personal Information except as necessary to perform the contracted services on our behalf or to comply with applicable legal requirements.
Business Partners. Thistle may share Personal Information with our business partners, and affiliates for our and our affiliates’ internal business purposes or to provide you with a product or service that you have requested. Thistle may also provide Personal Information to business partners with whom we may jointly offer products or services, or whose products or services we believe may be of interest to you. In such cases, our business partner’s name will appear, along with Thistle. Thistle requires our affiliates and business partners to agree in writing to maintain the confidentiality and security of Personal Information they maintain on our behalf and not to use it for any purpose other than the purpose for which Thistle provided them.
Public Areas and Syndicated Services. Some features on our Services may allow you to upload, post, or otherwise transmit User Materials to public areas of the Services, such as content that you post in a public profile on the Services. We may make these User Materials available for display upon Third-Party properties that are not governed by this Policy, as well as to services operated by Third-Parties that display content from the Site (collectively, “Syndicated Services”). Please be aware that any Personal Information that you include within any User Materials will be made available to other users of the Services, and to users of Syndicated Services, who view it. You include Personal Information in User Materials at your sole risk. We may allow you to select privacy options that limit access to some types of Personal Information in User Materials, but no security measures are impenetrable or perfect. Additionally, even after information posted on the website is removed, caching and archiving services may have saved that information, and other users or third parties may have copied or stored the information available on the Services. We cannot warrant or guarantee that any Personal Information that you provide on and in connection with the Services will not be accessed, viewed, or used by unauthorized persons.
Marketing – Interest-Based Advertising and Third Party Marketing. Through our Services, Thistle may allow Third-Party advertising partners to set tracking tools (e.g., cookies) to collect information regarding your activities (e.g., your IP address, page(s) visited, time of day). We may also share such de-identified information as well as selected Personal Information (such as demographic information and past purchase history) we have collected with Third-Party advertising partners. These advertising partners may use this information (and similar information collected from other websites) for purposes of delivering targeted advertisements to you when you visit non-Thistle related websites within their networks. This practice is commonly referred to as “interest-based advertising” or “online behavioral advertising. We may allow access to other data collected by the Site to facilitate transmittal of information that may be useful, relevant, valuable or otherwise of interest to you. If you prefer that we do not share your Personal Information with Third-Party advertising partners, you may opt out of such sharing at no cost by following the instructions in Section 6 below.
In addition, from time to time, server logs may be reviewed for security purposes – e.g., to detect unauthorized activity on the Services. In such cases, server log data containing IP addresses may be shared with law enforcement bodies in order that they may identify users in connection with their investigation of the unauthorized activities.
You agree that all Personal Information collected via or by Thistle may be transferred, Processed, and stored anywhere in the world, including but not limited to the United States, in the cloud, on our servers, on the servers of our affiliates or the servers of our service providers. Your Personal Information may be accessible to law enforcement or other authorities pursuant to a lawful request. By providing information to Thistle, you explicitly consent to the storage of your Personal Information in these locations.
6. OPT-OUT (RIGHT TO OBJECT TO PROCESSING)
You have the right to object to and opt out of certain uses and disclosures of your Personal Information. Where you have consented to Thistle’s Processing of your Personal Information or Sensitive Personal Information, you may withdraw that consent at any time and opt out of further Processing by contacting email@example.com. Note that if you opt out, the Services may not function properly, or some features may be unavailable.
We maintain telephone “do-not-call” and “do-not-mail” lists as mandated by law. We process requests to be placed on do-not-mail, do-not-phone and do-not-contact lists within 60 days after receipt, or such shorter time as may be required by law.
Thistle may occasionally send you push notifications through our mobile applications with notices that may be of interest to you. You may at any time opt out from receiving these types of communications by changing the settings on your mobile or other devices. Thistle may also collect location-based information if you use our Site. You may opt out of this collection by changing the settings on your mobile or other devices.
With regard to Personal Information that Thistle receives in connection with the employment relationship, Thistle will use such Personal Information only for employment-related purposes as more fully described above. If Thistle intends to use this Personal Information for any other purpose, Thistle will notify the Individual and provide an opportunity to opt out of such uses.
Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. DNT is a way for users to inform websites and services that they do not want certain information about their webpage visits collected over time and across websites or online services. Please note that we do not respond to or honor DNT signals or similar mechanisms transmitted by web browsers.
As noted above, you may stop or restrict the placement of cookies on your computer or remove them from your browser by adjusting your web browser preferences. Please note that cookie-based opt-outs are not effective on mobile applications. However, on many mobile devices, application users may opt out of certain mobile ads via their device settings. See http://www.networkadvertising.org/mobile-choice.
The online advertising industry also provides websites from which you may opt out of receiving targeted ads from our data partners and our Third-Party advertising partners that participate in self-regulatory programs. You can access these, and also learn more about targeted advertising and consumer choice and privacy, at www.networkadvertising.org/managing/opt_out.asp, or http://www.youronlinechoices.eu/, http://youradchoices.ca/choices/ and www.aboutads.info/choices/. You can also choose not to be included in Google Analytics here.
7. RIGHTS OF ACCESS, RECTIFICATION, ERASURE, AND RESTRICTION
Although Thistle makes good faith efforts to provide Individuals with access to their Personal Information, there may be circumstances in which Thistle is unable to provide access, including but not limited to: where the information contains legal privilege, would compromise others’ privacy or other legitimate rights, where the burden or expense of providing access would be disproportionate to the risks to the Individual’s privacy in the case in question or where it is commercially proprietary. If Thistle determines that access should be restricted in any particular instance, we will provide you with an explanation of why that determination has been made and a contact point for any further inquiries. To protect your privacy, Thistle will take commercially reasonable steps to verify your identity before granting access to or making any changes to your Personal Information.
8. DATA RETENTION
9. SECURITY OF YOUR INFORMATION
By using the Site or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Site or sending an e-mail to you. You may have a legal right to receive this notice in writing.
10. INTERNATIONAL USERS
If you are visiting from the European Union or other regions with laws governing data collection and use, please note that you are agreeing to the transfer of your information to the United States and to Processing of your data globally. By providing your Personal Information, you consent to any transfer and Processing in accordance with this Policy.
11. CHILDREN’S PRIVACY
The Services are not directed to children under 16 years of age, and Thistle does not knowingly collect Personal Information from children under 16 years of age. If you learn that your child has provided us with Personal Information without your consent, you may alert us at firstname.lastname@example.org. If we learn that we have collected any Personal Information from children under 16 years old, we will promptly take steps to delete such information and terminate the child’s account.
12. REDRESS/COMPLIANCE AND ACCOUNTABILITY
13. OTHER RIGHTS AND IMPORTANT INFORMATION
New Uses of Personal Information. Additionally, before we use Personal Information for any new purpose not originally authorized by you, we will endeavor to provide information regarding the new purpose and give you the opportunity to opt out. Where consent of the Individual for the Processing of Personal Information is otherwise required by law or contract, Thistle will endeavor to comply with the law or contract.
California law permits residents of California to request certain details about how their information is shared with Third-Parties for direct marketing purposes. If you are a California resident, you may request this information once per calendar year by writing to us at Thistle Health Inc., Attn: General Counsel, 1663 Mission Street, Ste. 720, San Francisco, CA 94103.
The following capitalized terms shall have the meanings herein as set forth below.
“Agent” means any Third Party that Processes Personal Information pursuant to the instructions of, and solely for, Thistle or to which Thistle discloses Personal Information for use on its behalf.
“Employee” refers to any current, temporary, permanent, prospective or former employee, director, contractor, worker, or retiree of Thistle or its subsidiaries worldwide.
“Personal Information” is any information relating to an identified or identifiable natural person (“Individual”).
“Process” or “Processing” means any operation which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure, or destruction.
“Sensitive Data” or “Sensitive Personal Information” is a subset of Personal Information which, due to its nature, has been classified by law or by policy as deserving additional privacy and security protections. Sensitive Personal Information includes Personal Information regarding EU residents that is classified as a “Special Category of Personal Data” under EU law, which consists of the following data elements: (1) race or ethnic origin; (2) political opinions; (3) religious or philosophical beliefs; (4) trade union membership; (5) genetic data; (6) biometric data where Processed to uniquely identify a person; (6) health information; (7) sexual orientation or information about the Individual’s sex life; or (8) information relating to the commission of a criminal offense.
“Third Party” is any company, natural or legal person, public authority, agency, or body other than the Individual, Thistle or Thistle’s Agents.
15. REVISION HISTORY