Privacy Policy

LAST UPDATED:  October 27, 2022

PRIVACY POLICY

HEADCHECK Health Inc. (“we” or “us”) provides an all-in-one concussion app platform to sports leagues and organizations with medical personnel, youth sports associations and teams with coaches and volunteers, and hospitals and clinics trained in concussion management.  We refer to these leagues, organizations, associations, teams, hospitals, and clinics as our “Customers.”  We help our Customers enhance organization safety and concussion protocol management by providing tools for documentation, assessment, and reporting.  We do not control athletes’ information that our Customers choose to collect or manage using our products and services.  We collect and process such information solely on behalf of and as directed by our Customers, in accordance with our agreements with them, and subject to applicable laws, this Privacy Policy does not apply to information collected by our Customers.  In addition, we have no direct relationship with such athletes.  Our Customers control and are responsible for correcting, deleting, or updating information they have collected using our products and services.  If you are a Customer’s athlete, or an athlete’s parent or guardian, and you have questions about how your or your child’s information is used, please contact the applicable Customer directly.

An athlete may choose to create an account directly with us.  We refer to such athletes as “Independent Athletes,” and this Privacy Policy applies to the information we collect from and about them.  An Independent Athlete’s information follows the athlete within our systems when the athlete, for example, changes teams or sports leagues.  If a Customer has provided information about an Independent Athlete, that information will be combined with the information that we collect directly from the Independent Athlete. 

This Privacy Policy also applies to: 

  • Websites operated by us from which you are accessing this Privacy Policy; 
  • Customer business or organization contact information and related details, which we may receive, for example, through our Websites or apps; 
  • Our social media pages located at https://www.facebook.com/headcheckhealth/; https://www.instagram.com/headcheckhealth; https://twitter.com/headcheckhealth; https://www.linkedin.com/company/headcheck-health/; 
  • HTML-formatted email messages that we send to you that link to this Privacy Policy or other communications with you; and
  • Offline interactions you have with us.

Collectively, we refer to our websites, apps, social media pages, emails and other communications, and offline interactions as the “Services.” 

PERSONAL INFORMATION YOU PROVIDE

Personal Information” is information that is reasonably capable of identifying you as an individual or that relates to an identifiable individual.  We collect Personal Information, including:  

  • Name
  • Telephone number
  • Mailing address
  • Date of birth 
  • Email address 
  • Company or organization
  • Job title 
  • IP address (from which we may also derive your approximate location, with your permission)
  • Information you provide when you respond our surveys 
  • Calendar entries, photos, and other information from your device, with your consent
  • An Independent Athlete’s team and/or organization affiliation, position height, weight, gender, health and education information, and other information that the athlete may choose to provide 

 

Consent to Collection, Use, and Disclosure 

We collect, use, and disclose your Personal Information with your consent or as permitted or required by law.  How we obtain your consent (i.e., the form we use) will depend on the circumstances, as well as on the sensitivity of the Personal Information collected.  Subject to applicable laws, your consent may be express or implied, depending on the circumstances and the sensitivity of the Personal Information in question.  If you choose to provide Personal Information to us, we assume that you consent to the collection, use, and disclosure of your Personal Information as outlined in this Privacy Policy.

Typically, we will seek your consent at the time your Personal Information is collected.  Where we want to use your Personal Information for a purpose not previously identified to you at the time of collection, we will seek your consent prior to our use of such information for this new purpose, to the extent your consent is required by applicable law.  If you provide personal information about another individual to us, it is your responsibility to obtain the consent of that individual to enable us to collect, use and disclose their information as described in this Privacy Policy. 

 

You may withdraw your consent to our collection, use, or disclosure of your Personal Information at any time by contacting us using the contact information in the “Contact Us” section below; however, before we implement the withdrawal of consent, we may require proof of your identity.  In some cases, withdrawal of your consent may mean that we will no longer be able to provide certain products or services.

Collection of Personal Information 

We and our service providers collect Personal Information in a variety of ways, including:  

  • Through the Services.  We collect Personal Information through the Services, for example, when you request information on the products and services we offer, contact customer service, respond to our surveys, apply for a subscription, register an account, or make a purchase. 
  • From Other Sources.  We may receive your Personal Information from other sources, such as TeamSnap and other third-party integrations. 

 

We need to collect Personal Information in order to provide the requested Services to you.  If you do not provide the information requested, we may not be able to provide the Services.  If you disclose any Personal Information relating to other people (such as a parent or guardian, physician, emergency contact, or agent) to us or to our service providers in connection with the Services, you represent that you have the authority to do so (including that you have obtained any legally required consent) and to permit us to use the information in accordance with this Privacy Policy.  

Use of Personal Information

We and our service providers use Personal Information for the following purposes: 

  • Providing the functionality of the Services and fulfilling your requests. 
  • To provide the Services’ functionality to you, such as arranging access to your registered account, and providing you with related benefits, special promotions, or customer service.
  • To respond to your inquiries and fulfill your requests, when you contact us via one of our online contact forms or otherwise, for example, when you send us questions, suggestions, compliments or complaints, or when you request a quote for or other information about our Services.
  • To complete your transactions, verify your information, and provide you with related benefits, special promotions, or customer service.
  • To send administrative information to you, such as changes to our terms, conditions, and policies. 

 

  • Providing you with our newsletter and/or other marketing materials.
  • To deliver marketing communications to you, subject to your consent if required by applicable law.  You may opt out of such communications by following the instructions set forth under “Choices and Access,” below.

  • Analyzing Personal Information for business reporting and providing tailored services. 
  • To analyze or predict our users’ preferences in order to prepare aggregated trend reports on how our digital content is used, so we can improve our Services. 
  • To better understand your interests, preferences, and needs, so that we can personalize our interactions with you and provide you with information and/or offers tailored to your interests.

 

  • Aggregating and/or anonymizing Personal Information.
  • We may aggregate and/or anonymize Personal Information so that it will no longer be considered Personal Information.  We do so to generate other data for our use, which we may use and disclose for any purpose, as it no longer identifies you or any other individual.  For example, we use anonymized information for machine learning that supports certain product features and functionality.  We will not seek to re-identify aggregated and/or anonymized information.

 

  • Accomplishing our business purposes. 
  • For data analysis, for example, to troubleshoot and to improve the efficiency of our Services; 
  • For audits, to verify that our internal processes function as intended and to address legal, regulatory, or contractual requirements; 
  • For fraud prevention and fraud security monitoring purposes, for example, to detect and prevent cyberattacks or attempts to commit identity theft; 
  • For developing new products and services; 
  • For enhancing, improving, repairing, maintaining, or modifying our current products and services, as well as undertaking quality and safety assurance measures; 
  • For identifying usage trends, for example, understanding which parts of our Services are of most interest to users; 
  • For customer surveys conducted by us or a service provider, to improve our products and services;
  • For determining the effectiveness of our promotional campaigns, so that we can adapt our campaigns to the needs and interests of our users; and 
  • For operating and expanding our business activities, for example, understanding which parts of our Services are of most interest to our users so we can focus our energies on meeting our users’ interests.  

  

 

Disclosure of Personal Information 

We disclose Personal Information to our third party service providers, to facilitate services they provide to us.  These can include providers of services such as website hosting, data analysis, customer surveys, payment processing, order fulfillment, fraud prevention, information technology and related infrastructure provision, customer service, email delivery, auditing, and other services.  

 

We may also disclose Personal Information where necessary to ensure coordination of dispatch for customers needing assistance by the use of external services such as Google Maps Coordinates Software, such as to locate the nearest hospital. 

 

Other Uses and Disclosures

 

We also use and disclose your Personal Information with your consent or as permitted, necessary, or appropriate, in particular when we have a legal obligation or legitimate interest to do so:

  • To comply with applicable law and regulations.
  • This may include laws outside your country of residence
  • To cooperate with public and government authorities.
  • To respond to a request or to provide information we believe is necessary or appropriate.
  • These can include authorities outside your country of residence.
  • To cooperate with law enforcement.
  • For example, when we respond to law enforcement requests and orders or provide information we believe is important.
  • For other legal reasons. 
  • To enforce our terms and conditions; and 
  • To protect our rights, privacy, safety or property, and/or that of our affiliates, you, or others. 
  • In connection with a sale or business transaction.
  • We have a legitimate interest in disclosing or transferring your Personal Information to a third party in connection with any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). 

 

INFORMATION COLLECTED AUTOMATICALLY

We and our service providers may collect certain information automatically, as set forth below.  We may use and disclose such information for any purpose, except where we are required to do otherwise under applicable law.  If we are required to treat such information as Personal Information under applicable law, we may use and disclose it for the purposes for which we use and disclose Personal Information as detailed in this Privacy Policy.  In some instances, we may combine the information we collect automatically with Personal Information.  If we do, we will treat the combined information as Personal Information as long as it is combined.

  • Your browser or device.  
  • Certain information is collected by most browsers or automatically through your device, such as your computer type (Windows or Mac), screen resolution, operating system name and version, device manufacturer and model, language, Internet browser type and version, and the name and version of the Services (such as the app) you are using.  We use this information to ensure that the Services function properly and for security purposes.  We also collect the address of the website from which you come to our website.
  • Your use of our app.  
  • When you download and use our app, we and our service providers may track and collect app usage data, such as the date and time the app on your device accesses our servers and what information and files have been downloaded to the app based on your device number, to understand our user base and improve the functionality of the app.
  • Cookies. 
  • Cookies are pieces of information stored directly on the computer that you are using.  Cookies allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences,  and other clickstream and traffic data.  We and our service providers use the information for security purposes, to facilitate navigation, to display information more effectively, and to personalize your experience.  We also gather statistical information about use of the Services in order to continually improve their design and functionality, understand how they are used, and assist us with resolving questions regarding them.  We do not currently respond to browser do-not-track signals.  If you do not want information collected through the use of cookies, most browsers allow you to automatically decline cookies or be given the choice of declining or accepting a particular cookie (or cookies) from a particular website.  You may also wish to refer to http://www.allaboutcookies.org/manage-cookies/index.html. If, however, you do not accept cookies, you may experience some inconvenience in your use of the Services.  We do not currently respond to browser do-not-track signals.
  • Pixel tags and other similar technologies.  
  • Pixel tags.  Pixel tags (also known as web beacons and clear GIFs) may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates.  
  • Analytics.  We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends.  This service may also collect information regarding the use of other websites, apps, and online services.  You can learn about Google’s practices by going to www.google.com/policies/privacy/‌partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.
  • Invisible reCAPTCHA.  We use Google’s invisible reCAPTCHA application on our Services in order to protect against spam and other automated abuse.  The reCAPTCHA tool may make use of cookies, as well as other information like IP address, date, time, language, screen size and resolution, and mouse movements.  The use of the reCAPTCHA tool and any information collected through the tool are subject to Google’s privacy policy, available at https://policies.google.com/privacy and Google’s terms of service, available at https://policies.google.com/terms?hl=en.
  • Third-party advertising services.  We use third-party advertising companies to serve advertisements regarding goods and services that may be of interest to you when you access and use the Services and other websites or online services.  You may receive advertisements based on information relating to your access to and use of the Services and other websites or online services on any of your devices, as well as on information received from third parties.  These companies place or recognize a unique cookie on your browser (including through the use of pixel tags).  They also use these technologies, along with information they collect about your online use, to recognize you across the devices you use, such as a mobile phone and a laptop.  If you would like more information about this practice, and to learn how to opt out of it in desktop and mobile browsers on the particular device on which you are accessing this Privacy Policy, please visit http://optout.aboutads.info/#/ and http://optout.networkadvertising.org/#/.  You may download the AppChoices app at www.aboutads.info/appchoices to opt out in mobile apps.  
  • Adobe Flash technology (including Flash Local Shared Objects (“Flash LSOs”)) and other similar technologies. 
  • We may use Flash LSOs and other technologies to, among other things, collect and store information about your use of the Services.  If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel.  You can also go to the Global Storage Settings Panel and follow the instructions (which may explain, for example, how to delete existing Flash LSOs (referred to as “information”), how to prevent Flash LSOs from being placed on your computer without your being asked, and  how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time).  Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications.   
  • Physical Location.  
  • We may collect the physical location of your device by, for example, using satellite, cell phone tower, or WiFi signals.  We may use your device’s physical location to provide you with personalized location-based services and content.  In some instances, you may be permitted to allow or deny such uses of your device’s location, but, if you do, we may not be able to provide you with the applicable personalized services.

SECURITY

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization.  Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure.  If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below.

CHOICES AND ACCESS

Your choices regarding our use of your Personal Information

You may opt out from receiving marketing-related emails from us.  If you no longer want to receive marketing related emails from us on a going-forward basis, you may opt out at any time by using the unsubscribe feature included in any such message.  You may opt out of receiving text messages from us by responding “STOP” to any such message.  If we place a telemarketing call to you, and you wish to opt out of receiving such calls, please so inform us during the call.  You may also opt out of these forms of communication by contacting us as instructed in the “Contact Us” section below.   

You may opt out of receiving push notifications from us by turning them off at the device level.

How you can request to access, change, or delete your Personal Information  

We make reasonable efforts to ensure that your personal information is kept as accurate, complete and up-to-date as reasonably necessary.  We will not routinely update your personal information, unless such a process is necessary.  We expect you, from time to time, to supply us with updates to your personal information, when required.

You may make a written request to review any personal information about you that we have collected, used or disclosed, and we will provide you with any such personal information to the extent required by law.  You may also challenge the accuracy or completeness of your personal information in our records and request corrections. If you successfully demonstrate that your personal information in our records is inaccurate or incomplete, we will amend the personal information as required.  To exercise these rights, please contact us by using the contact information in the “Contact Us” section below

For your protection, we may only implement requests with respect to the Personal Information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request.  We will try to comply with your request as soon as reasonably practicable.  

Please note that we may need to retain certain information for recordkeeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase, you may not be able to change or delete the Personal Information provided until after the completion of such purchase).  

As noted at the beginning of this Privacy Policy, except for Independent Athletes, we process the Personal Information of our Customers’ athletes solely as a service provider to the Customer.  If you are an employee of our Customer or an athlete or an athlete’s parent or guardian and would like to make a request relating to your Personal Information, please contact the person or entity that has used our app to collect your information. If you have any questions about this, please contact us by using the information in the “Contact Us” section below.

RETENTION PERIOD

We retain Personal Information for as long as needed or permitted in light of the purpose(s) for which it was obtained and consistent with applicable law.  

 

The criteria used to determine our retention periods include:  

  • The length of time we have an ongoing relationship with you and provide the Services to you (for example, for as long as you have an account with us or keep using the Services); 
  • Whether there is a legal obligation to which we are subject (for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them); or 
  • Whether retention is advisable in light of our legal position (such as in regard to applicable statutes of limitations, litigation, or regulatory investigations).  

 

THIRD-PARTY SERVICES

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the Services link.  The inclusion of a link on the Services does not imply endorsement of the linked site or service by us or by our affiliates. 

In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft, Blackberry, or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any Personal Information you disclose to other organizations through or in connection with the Apps or our Social Media Pages.

USE OF THE SERVICES BY MINORS

The Services are not directed to individuals under the age of thirteen (13), and we do not knowingly collect Personal Information from individuals under 13.  If you provide us with personal information about a child under the age of consent in connection with your use of our products and services, you confirm that you have obtained the required consent from their parent or legal guardian to do so.  If we learn we have collected or received Personal Information from an individual under 13 without verification of parental consent, we will delete that information, unless we are required by applicable law to retain such information.  If you believe we might have any Personal Information from or about a child under 13, please contact us using the details in the “Contact Us” section below.

JURISDICTION AND CROSS-BORDER TRANSFER

Your Personal Information may be stored and processed in any country where we have facilities or in which we engage service providers, and by using the Services you understand that your information will be transferred to countries outside of your country of residence, including Canada, which may have data protection rules that are different from those of your country.  In certain circumstances, courts, law enforcement agencies, regulatory agencies, or security authorities in those other countries may be entitled to access your Personal Information.  

We make our products and services available in languages other than English, for the convenience of athletes who are located in Canada or the United States and whose primary language is not English.  We do not currently direct our products or services to individuals located outside of Canada and the United States.

SENSITIVE INFORMATION

Unless we request it, we ask that you not send us, and you not disclose, any sensitive Personal Information (e.g., Social Security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, biometrics or genetic characteristics, criminal background, or trade union membership) on or through the Services or otherwise to us.

UPDATES TO THIS PRIVACY POLICY

The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised.  Any changes will become effective when we post the revised Privacy Policy on the Services.  

CONTACT US

If you have any questions about this Privacy Policy, please contact our Privacy Officer at privacy@headcheckhealth.com.  Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.