Wyllness LLC and (“Wyllness,” “we,” and “us”) provides this Privacy Policy (“Privacy Policy”) to inform you of our policies and procedures regarding the collection, use and disclosure of “Personal Information” and “Non-Personal Information” we receive from “Providers,” “Designees,” “Patients” and “Authorized Caregivers” through their use of our website, accessible at www.wyllness.com (the “Site”), our mobile applications (the “App”), and our proprietary communications software platform and related services (collectively, the “Services”) that, together, supports the multi-disciplinary management of patient chronic pain.

You may also give us permission to import certain data from your third party wearable activity devices (like Fitbit) (each, a “Device”). We are not responsible for the accuracy of the Device’s data or the data practices of third party manufacturers of the Device from which you may elect to import data, and you are advised to consult their privacy policies separately. You may choose not to import these data types and to still use the Site, App and Services.

This Privacy Policy applies to your access to and use of the Site, the App and the Services, and by choosing to use them, you consent to the collection, transfer, processing, storage, disclosure and other uses of your information described in this Privacy Policy.

About Wyllness

Wyllness provides Patients and Providers with the Site, App and Services to support the multi-disciplinary management of patient chronic pain. Wyllness uses proprietary technology to analyze Personal Information through the Patient’s use of the Site, App and Services in real-time and then we prepare an individualized data report for each Patient. This Patient data report is then shared, as directed, with the Patient’s designated Providers to assist the Provider with preparing personalized recommendations and treatment plans for the Patient.

Other than information gathered through the Site, App and the Services, Wyllness acts as a service provider for Providers and does not own or control the information that is submitted to us through the Services. The information that is submitted through the Services will be held subject to the requirements specified by our health service provider clients and applicable law, such as the Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act of 2009, and the related regulations promulgated thereto (collectively, “HIPAA”).

Personal Information

What is Personal Information?

“Personal Information” means information that alone or when in combination with other information may be used to readily identify, contact, or locate you, such as: contact data (such as your address, e-mail address and phone number); demographic data (such as your gender, your date of birth and your zip code); payment data (such as credit card, shipping and billing information); insurance data (such as your insurance carrier, insurance plan, member ID, group ID and payer ID); medical data (such as your doctors or other health care providers, your medical history, and other medical and health information you choose to share with us); and other information that you voluntarily choose to provide to us, including without limitation, data, your SSN, your unique identifiers such as passwords, and information in emails or letters that you send to us.

Personal Information We Collect From Providers and Designees

If you are a physician or other healthcare or medical provider (“Provider”), or an individual who is authorized by a Provider to access and use the Services (“Designee”), we collect Personal Information about the Provider and Designee when the Provider registers to use the Services. The Personal Information about Providers and Designees that we collect includes, without limitation, the Provider’s and Designee’s name, specialty, email address, phone number, and business postal address.

Personal Information We Collect From Patients and Authorized Caregivers

If you are a patient of a Provider who has subscribed to the Services (“Patient”), we collect Personal Information about you when you register to use the Services and through your or your Authorized Caregiver’s use of the Site, App and the Services, including when you, your Authorized Caregiver and your Provider communicate with each other. If you are an individual authorized by a Patient to use the Services to communicate with such Patient’s Provider (“Authorized Caregiver”), we collect Personal Information about you, including, without limitation, your name, email address, phone number and your relationship to the Patient. When communicating with the Provider in using the Services, the Patient, Authorized Caregivers, Provider and its Designees may disclose Personal Information about the Patient, which may include Protected Health Information.

How We Use Personal Information

We may use Personal Information, as follows:

  • To enable you to access and use the Site, App and the Services.
  • To analyze your Personal Information using our proprietary technology for purposes of preparing an individualized Patient data report, and sharing such Patient data report with the Patient’s designated Providers.
  • To respond to your inquiries;
  • To send you important information regarding the Services, changes to our terms, conditions, and policies and/or other administrative information.
  • For our proper management and administration or to carry out our legal responsibilities, such as data analysis, audits, developing new products, and enhancing and improving our Site, Apps and the Services.
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your state or country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your state or country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

How We Disclose Personal Information

We may disclose Personal Information, including Protected Health Information (defined below) as follows:

  • If you are a Patient, to your designated Provider(s), each such Provider’s Designees, and your Authorized Caregivers, if any, without further authorization for purposes of treatment, payment or operations; for other uses or disclosures permitted by law; or for purposes related to such uses or disclosures.
  • If you are an Authorized Caregiver, to your Patient and his/her designated Providers and each such Provider’s Designees.
  • To our third party service providers who provide services such as website hosting, data analysis, payment processing, order fulfillment, infrastructure provision, IT services, customer service, email delivery services, credit card processing, backup, auditing services and other similar services.
  • To a third party in the event of 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).
  • As we believe to be necessary or appropriate: (a) under applicable law, including laws outside your state or country of residence; (b) to comply with legal process; (c) to respond to requests from public and government authorities including public and government authorities outside your state or country of residence; (d) to enforce our terms and conditions; (e) to protect our operations or those of any of our affiliates; (f) to protect our rights, privacy, safety or property, and/or that of our affiliates, you or others; and (g) to allow us to pursue available remedies or limit the damages that we may sustain.

Protected Health Information

What is Protected Health Information?

Protected Health Information” is a part of the Personal Information that we collect. Protected Health Information or PHI includes information, whether oral or recorded in any form or medium, that we receive from a Patient, his/her Authorized Caregiver, a Provider, or a Provider’s Designee(s), or that we create on behalf of a Provider or its Designee(s), (a) that relates to the past, present or future physical or mental condition of the Patient; the provision of health care to the Patient; or the past, present or future payment for the provision of health care to the Patient; and (b) that identifies the Patient or with respect to which there is a reasonable basis to believe the information can be used to identify the Patient. “Protected Health Information” has the same meaning generally in this Privacy Policy as defined as the term “Protected Health Information” in 45 C.F.R. § 160.103.

How We Use and/or Disclose Protected Health Information

We may use and/or disclose Protected Health Information in the same manner as Personal Information, described above, except our use and disclosure of Protected Health Information is further limited as provided by HIPAA.

Specifically, as described above, all uses or disclosures of PHI shall require Patient authorization or a valid authorization on the Patient’s behalf, except:  (a) uses or disclosures by or to the Patient; (b) uses or disclosures for treatment, payment or healthcare operations; (c) as part of any valid use or disclosure; or (d) in compliance with and pursuant to applicable law.

Wyllness may disclose PHI for most other purposes only pursuant to a Patient’s valid authorization, including as follows: (i) for most uses and disclosures of psychotherapy notes; (ii) for use or disclosure of PHI for marketing purposes; (iii) for disclosures that constitute a sale of PHI; or (iv) for other uses or disclosures that are not exempt from the authorization requirement.

We will enter into business associate agreements with the Patient’s Providers who are “Covered Entities” when we are a “Business Associate,” as those terms are defined by HIPAA. We will use and disclose Protected Health Information only for those uses and disclosures permitted by HIPAA and under the applicable business associate agreement. We may use or disclose Protected Health Information to provide Services to the Patient or the Provider. We may also use Protected Health Information for our proper management and administration or to carry out our legal responsibilities.


We use reasonable organizational, technical and administrative measures to protect Personal Information under our control, consistent with our obligations under HIPAA. Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that the security of any account you might have with us has been compromised), please immediately notify us of the problem by contacting us in accordance with the “Contact Us” section below.

Non-Personal Information

What is Non-Personal Information?

Non-Personal Information” is any information that does not reveal, on its own, your specific identity, such as: browser log data, App usage data, location information, aggregated information, and your IP addresses. While Non-Personal Information may not necessarily identify you, if we have your Personal Information, we may link any Non-Personal information with your Personal Information in our records.

Non-Personal Information We Collect

We and our third party service providers may collect Non-Personal Information in a variety of ways, including:

  • Browser Log Data: When you visit the Site, whether as a Patient or a non-registered user just browsing the Site, our servers automatically record information that your browser sends whenever you visit a website (“Browser Log Data”). This Browser Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type, operating system or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, access times and dates, and other statistics. Browser Log Data may also include pixel tags, web beacons, clear GIFs or other similar technologies, which may be used in connection with some Site pages and HTML-formatted email messages to, among other things, track the actions of Site users and email recipients, and compile statistics about Site usage and response rates.
  • Cookies: The Site uses “cookies” to collect information. A cookie is a small data file that we transfer to your computer’s hard disk for record-keeping purposes.
  • App Usage Data: When you use the App, whether as a Patient, Authorized Caregiver, or a non-registered user, our servers automatically record information that your mobile Device sends whenever you use an Internet service (“App Usage Data”). This App Usage Data may include information such as your computer’s IP address, Device type, model and version, Device identifier, operating system, time zone, name of your mobile operator or ISP, application performance measurements, and error conditions. It may also include a record of when specific features of the App or Service are used.
  • Location Information: When you install the App, you will be asked to grant access to your mobile Device’s geolocation data. If you grant such permission, we may collect information about your precise geolocation information (i.e., your real-time geographic location). Wyllness will only access your location while you are using the App and provided you have opted in to activate this feature. If you access the Service through a mobile Device and you do not want your Device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your Device, provided your Device allows you to do this. See your Device manufacturer’s instructions for further details. Wyllness uses the Google Places API(s) for location searches and as a result is using the Google Maps/Google Earth API(s). Pursuant to the Google Maps/Google Earth APIs Terms of Service, use of this location feature is also subject to the Google privacy policy, which can be found at http://www.google.com/privacy.html, and is incorporated with this reference.
  • Aggregated Personal Information: We may use aggregated Personal Information (and, if such Personal Information includes PHI, such aggregate Personal Information has been “de-identified” in accordance with HIPAA) to provide you with a better experience, to improve the quality and value of our Services, and to analyze and understand how our Site, Apps and Services are used.
  • IP Addresses: We use IP Addresses for purposes such as calculating usage levels, helping diagnose server problems, and administering the Services. We may also use and disclose IP Addresses for all the purposes for which we use and disclose Personal Information. Please note that we treat IP Addresses, server log files and related information as Non-Personal Information, except where we are required to do otherwise under applicable law.

Third Party Sites and Privacy Practices

This Privacy Policy does not address, and we are not responsible for, the privacy, information or other practices of any third parties, including third party Device manufacturers. The inclusion of a third-party link within the Services, or the ability to import your data from the Device and/or synch your Device with the Services, does not imply endorsement by us or by our affiliates of any such third-party site or Device.

This Privacy Policy does not reflect the privacy practices of Wyllness’ health service provider clients and Wyllness is not responsible for our clients’ privacy policies or practices. Wyllness does not review, comment upon, or monitor our health service provider clients’ privacy policies or their compliance with their respective privacy policies, nor does Wyllness review our client’s instructions to determine whether they are in compliance or conflict with the terms of a client’s published privacy policy or applicable law.

Accessing and Changing Your Information

How you can access or change your Personal Information

If you would like to review, correct, update, delete or otherwise limit our use of your Personal Information that has been previously provided to us, you may contact us in accordance with the “Contact Us” section below.

In your request, please make clear what information you would like to have changed, whether you would like to have your Personal Information deleted from our database or otherwise let us know what limitations you would like to put on our use of your Personal Information. We will try to comply with your request as soon as reasonably practicable. Please note that in order to comply with certain requests to limit use of your Personal Information we may need to terminate your account with us and your ability to access and use the Services, and you agree that we will not be liable to you for such termination or for any refunds of prepaid fees paid by you. Although we will use reasonable efforts to do so, you understand that it may not be technologically possible to remove from our systems every record of your Personal Information. The need to back up our systems to protect information from inadvertent loss means a copy of your Personal Information may exist in a non-erasable form that will be difficult or impossible for us to locate or remove.

Retention Period

We will retain your Personal Information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or allowed by law.

Use of Site by Minors

The Services are not permitted for use by individuals under the age of eighteen (18) unless they have provided the written consent of their parents or legal guardians, and we request that these individuals do not provide Personal Information to us.

Updates to this Privacy Policy

Wyllness reserves the right, at its sole discretion, to modify this Privacy Policy, at any time and without prior notice. If we modify this Privacy Policy, we will post the modified Privacy Policy. By continuing to access or use the Site, the App or the Services after we have posted a modified Privacy Policy or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Privacy Policy. If the modified Privacy Policy is not acceptable to you, your only recourse is to cease using the Site, App and Services.

Contact Us

If you have any questions about this Privacy Policy, please contact us by email at info@wyllness.com. Please note that email communications are not always secure; so please do not include sensitive information in your emails to us.