1. Introduction

This privacy policy (this “Privacy Policy” or “Policy”) governs the manner in which Ask Rose Inc. (“Rose,” “ we,” “our,” “us” and similar terms) collects, uses, maintains, and discloses information collected from users who register for and/or use services available on or through our website www.askrose.com (the “Site”) and/or mobile application (the “App” and with the Site collectively, the “Service”). ​ We take reasonable steps to protect user privacy consistent with the guidelines set forth in this Policy and with applicable U.S. state and federal laws. WE TAKE THESE PRECAUTIONS IN AN EFFORT TO PROTECT YOUR INFORMATION AGAINST SECURITY BREACHES. HOWEVER, THIS IS NOT A GUARANTEE THAT SUCH INFORMATION MAY NOT BE ACCESSED, DISCLOSED, ALTERED, OR DESTROYED BY BREACH OF SUCH FIREWALLS AND SECURE SERVER SOFTWARE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ASSUME THESE RISKS. ​ In this Policy, “user” or “you” means any individual using the Service. This Policy forms part of and is incorporated into our Terms of Service published at www.askrose.com/terms-of-service (the “Terms of Service”). ​ BY ACCESSING OR USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS PRIVACY POLICY AND OUR TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE.

2.    What Information Do We Collect?

a)    Personal Information in the App

We may collect certain information that relates to and/or identifies you in connection with your use of the Service, including: (a) when you register to use the App, we may collect the personal information such as your name, birthday, email address, therapist contact information, password and other information detailed therein (“Registration Information”); (b) if you provide your email or communicate with us by email but do not otherwise register to use the App, we will collect your email address; and (c) Information you provide in the App, including your emotional check-ins, surveys you complete, and any journals you create (“Mood Information”). All of this information is collectively “Personal Information.” If you contact Rose or your therapist through the App and disclose additional personal information, we may also collect and store that communication.

b) User Data

“User Data” means all data other than Personal Information that users provide us regarding or related to themselves or their use of or access to the Service.  

c)    Web Tracking Information and Cookies

The Site may use web tracking technologies such as cookies, pixel tags and beacons in order to operate the Site efficiently and to collect data related to usage of the Site. Such collected data (“Web Tracking Information”) may include the address of other websites you have visited, the type of browser you are using, your Internet Protocol (IP) address, device model, device ID and other unique device identifiers, what pages in the Site you visit and what links you clicked on, and whether you opened email communications we send to you. We may also use web tracking technologies that are placed in web pages on the Site or in email communications to collect information about actions that users take when they interact with the Site or such email communications. We do not correlate Web Tracking Information to individual user Personal Information. Some Web Tracking Information may include data, such as IP address data, that is unique to you. We use this information not to identify individual users, but to analyze trends, administer the Site, track users’ movements around the Site, and gather demographic information about our user base as a whole which provides us with the ability to determine aggregate information about our user base and usage patterns.the Service.  

3.    How Do We Use the Information We Collect?

a)    Personal Information and User Data

Generally, we will use and store your Personal Information and User Data for the purpose of delivering the App and to analyze and enhance the operation of the Service. We may also use your Personal Information and User Data for the internal operational and administrative purposes of the Service. We store Personal Information and User Data using a cloud service provider.

b)    Registration Information

Specifically, we use Registration Information to create an account for you on the App and to contact you about its services. We may also share Registration Information with your therapist if you provide their information. We store Registration Information and do not share it with third parties except those service providers that make it possible to provide the App.

c)    Mood Information

We use your Mood Information to provide, maintain, and improve the App. We analyze your Mood Information using artificial intelligence and other tools to assess your mental state; we share the Mood Information with your therapist if you provide their information and your consent. We do not share Mood Information with anyone without your explicit consent.

d)    Web Tracking Information

We use Web Tracking Information to administer the Site and to understand how well the Services are working, to store your user preferences, and to develop statistical information on usage of the Services. This allows us to determine which features visitors like best to help us improve the Service, to personalize your user experience, and to measure overall effectiveness.

e)    Aggregate and De-Identified Information

We will also create statistical, aggregated and/or de-identified data from the above Personal Information, User Data, and Web Tracking Information for analytical and commercial purposes. Aggregated and/or de-identified data is derived from Personal Information and User Data but in its aggregated and/or de-identified form, it does not duplicate or reveal any User Data or relate to or identify any individual. This data is used to understand our customer base and to develop, improve and market our services.

f)    Legal Exception

Notwithstanding the above, we may store and use Personal Information and User Data to the extent required by law or legal process, to resolve disputes, to enforce our agreements (including this Privacy Policy and the Terms of Service) with you, or if in our reasonable discretion use is necessary to protect our legal rights or to protect third parties.

g)    Promotional Communications

If you register and provide your email address along with the applicable consent, we may send you administrative and promotional emails.

h)    Account Closure

If any of your App account information appears to be incorrect, please contact us and let us know. If you delete or close your account, we will delete any Personal Information associated with your account, but other information you submitted that is not associated with you personally may not be deleted.

4.    What Information Do We Disclose to Third Parties?

a)    Personal Information and User Data

We will not disclose your Personal Information or User Data to any third parties except as follows:ministrative purposes of the Service. We store Personal Information and User Data using a cloud service provider.

i. To third-party contractors engaged to provide services on our behalf (“Contractors”), such as analyzing data and usage of the Service, hosting and operating the Service, providing marketing or support and maintenance services for the Service, or providing customer service. We enter into agreements with all Contractors that require Contractors to use the Personal Information they receive only to perform services for us.

ii. If you have a therapist and want to share your Personal Information with him or her for the purposes of improving your therapy experience or mental health, we will share your Personal Information with your therapist.

iii. When we otherwise have your consent to share the information.

b)    Web Tracking Information

b)    Web Tracking Information

c)    Aggregate and De-Identified Information

We may disclose aggregated and/or de-identified data that does not contain Personal Information or User Data to any third parties, such as Contractors, potential customers, business partners, marketers, and funding sources, in order to describe our business and operations.

d)    Network Operators

Use of the Service may involve use of the services of third-party telecommunications carriers. Such carriers are not our contractors, and any information that a carrier collects in connection with your use of the Service is not “Personal Information” and is not subject to this Privacy Policy. We are not responsible for the acts or omissions of telecommunications carriers.

e)    Additional Disclosures

If Rose is involved in a merger, acquisition, or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different privacy policy

​f)    Under certain circumstances, Rose may be required to disclose your Personal Information if required to do so by law or in response to valid requests by public authorities (e.g. a court or a government agency).

​g)    Finally, we may disclose your Personal Information in the good faith belief that such action is necessary to:

If Rose is involved in a merger, acquisition, or asset sale, your Personal Information may be transferred. We will provide notice before your Personal Information is transferred and becomes subject to a different privacy policy

i. comply with a legal obligation;

ii. protect and defend the rights or property of Rose;

iii. prevent or investigate possible wrongdoing in connection with the Service;

iv. protect the personal safety of users of the Service or the public; or

v. protect against legal liability.

5.    Privacy Settings/Opt Out

If you would like your Personal Information permanently removed from our database, please contact us at help@rosehealth.com or follow the prompts in the App.  ​ We will respond to any such request, and any appropriate request to access, correct, update or delete your Personal Information within the time period specified by law (if applicable) or without excessive delay. We will promptly fulfill requests to delete Personal Information unless the request is not technically feasible or such data is required to be retained by law (in which case we will block access to such data, if required by law). ​ Your removal from the mailing list or database will not remove data you have submitted to us or records of past use of the Service, nor delete information stored in our data backups and archives. Such data will be maintained and/or deleted in the ordinary course of Rose’s business. ​ If you wish to opt out of promotional emails (but would not like to have your information permanently removed from our database), you may do so by following the “unsubscribe” instructions in the email, or by modifying your account settings. All users receive administrative emails, and so you cannot opt out of them while you remain registered in the App.

6.    General

a)    Security

We use reasonable security precautions to protect the security and integrity of your Personal Information in accordance with this Policy and applicable law. However, no Internet transmission is completely secure, and we cannot guarantee that security breaches will not occur. Without limitation of the foregoing, we are not responsible for the actions of hackers and other unauthorized third parties that breach our reasonable security procedures.

b)    Links

The Rose App or Site may contain links to other websites. Rose is not responsible for the privacy practices or the content of those websites. Users should be aware of this when they leave the Service and review the privacy statements of each third-party website. This Privacy Policy applies solely to information collected by the Service. We encourage our users to read the privacy policies of these other websites before proceeding to use them.

c)    Amendments

Rose may modify or amend this Policy from time to time. If we make any material changes, as determined by Rose, in the way in which Personal Information is collected, used or transferred, we will notify you of these changes either by email, by changing the “Last Updated” date above, or by notification in the Service itself. Notwithstanding any modifications we may make, any Personal Information collected by Rose from you will be treated in accordance with the privacy policy in effect at the time such information was collected, unless we obtain your consent otherwise.

d)    Minors

Rose does not knowingly collect or maintain personally identifiable information from persons under 18 years of age, and no part of the Service is directed at persons under 18. If you are under 18 years of age, then please do not use the Service. If Rose learns that personally identifiable information of persons less than 18 years of age has been collected, then Rose will take the appropriate steps to delete this information. To request the deletion of any such information, please contact us at help@rosehealth.com.

e)    Users from outside the United States

Rose and its servers are located in the United States and are subject to the applicable state and federal laws of the United States. If you choose to access the Service, you consent to the use and disclosure of information in accordance with this Privacy Policy and subject to such laws.