Last revised October 18, 2023.
Version 1.0.
This Privacy Policy (“Privacy Policy”) applies to all products, programs, testing services, websites, pages, features, content, research, collection, testing, and analysis of biological samples (collectively, the “Service”) provided by Muse Inc. d/b/a Muse (“Muse,” “we,” or “us”). Please review the following terms carefully. If you do not agree with the Privacy Policy, then you do not have the right to view, access, purchase any product or service from or otherwise use this Website and, accordingly, you should not do so. Your continued use of this Website constitutes your acceptance of our Privacy Policy.
Muse takes your privacy very seriously. By accessing or using the Service (as defined above), customers allow us to collect, store, and use their Personal Information (as defined below) that enables us to provide more accurate and personalized recommendations. This Privacy Policy is designed to help you (“you”, “customer”, or “user”) better understand how we collect, use, store, process, and transfer your information when using our Services. This Privacy Policy is not a contract and does not create any contractual rights or obligations. We reserve the right to amend this Privacy Policy in the future. In the event that we make changes to this Privacy Policy, we will amend this Privacy Policy on our website and send out an updated Privacy Policy to all users who have registered on our website. At that time, you will have an opportunity to opt out of the services and we will remove your information from our platform.
The services we provide to You, in their current format, do not trigger any privacy or security obligations under the Health Insurance and Portability and Accountability Act (and its accompanying regulations and amendments)(“HIPAA”). As a result, the Personal Information we collect, at this time, is not considered to be protected health information (“PHI”) subject to HIPAA. However, if in the future we begin providing services to, or on behalf of health care providers that are “covered entities” under HIPAA, and the information we collect on their behalf is considered to be PHI and potentially governed by HIPAA, we will advise you.
1. What Information We Collect
When you subscribe to or use our Services, Muse collects and uses the types of personal information about you that are described below (“Personal Information”). Personal Information does not include publicly available information, de-identified or aggregated information, or information covered by certain federal or state laws. Muse collects the following type of Personal Information:
A) IDENTIFIERS
For example, we collect your name, date of birth, password, shipping address, demographic and contact information such as email address and telephone number that you provided to create your Muse account (“Muse Account” or “Account”).
B) PAYMENT INFORMATION
For example, we collect your billing address and payment information, such as credit card information (Muse stores only the last 4 digits and the expiration date).
C) HEALTH AND OTHER SENSITIVE INFORMATION
For example, we collect information from you about your personal traits (e.g., weight, height), ethnicity, disease conditions (e.g. Type 2 Diabetes), physical health-related information (e.g., medicine you currently take, habits such as smoking), diet related information (e.g., vegetarian, vegan, allergies, etc.), mental health related information (e.g. emotional conditions such as fear or anxiety), and family history (e.g., information similar to the foregoing about your family members). This information also includes: Sample Data. “Sample Data” is molecular data created from the Samples you provide to Muse for testing and analysis. Sample Data analysis includes, but is not limited to, hormone level analysis. The laboratory we contract with will use your samples for testing, analysis and generation of Sample Data that will be used to generate Test Data. Test Data. “Test Data” is information we extract from Sample Data. Test Data is used with other Personal Information you provide to us in conjunction with our data analysis methods to provide personalized recommendations.
D) OTHER INFORMATION YOU PROVIDE TO US
For example, you may provide us with information in response to surveys, forms, questionnaires, email, features on our website and software applications, while participating in Research Studies and Research Participations (as described in our Terms of Service), engaging with our customer service personnel(“Customer Service”) or while using the Service.
E) INTERNET OR OTHER ELECTRONIC ACTIVITY INFORMATION
For example, we collect information on how you use the Muse website (e.g. IP address, location, browser type, domains, page views, etc.) or other online media owned by Muse, collected through log files, cookies, and web beacon technologies (described below).Cookies and Other Tracking Technologies. Muse and its third-party service providers from whom it receives your information may use “cookies” and similar tracking technologies (such as web beacons, tags, pixels, scripts and device identifiers used for automatic collection of information), for a variety of purposes, including but not limited to to speed your navigation of our Website, recognize you and your access privileges, and track usage of our Website. Cookies are small data files that are stored on a user’s hard drive at the request of a website to enable the website to recognize and retain certain user information such as customer preferences and history.
Cookies help us recognize when and how you use our Services, customize and improve your experience, provide security, analyze our interactions with our Services and its features, gather demographic information about our user base, make special offers of our Service, monitor the success of marketing programs; and for targeted advertising on our website and on other websites on the Internet. Persistent and third-party cookies enable us to track and target the interests of our customers to enhance your experience on our Website. Most Internet browsers are initially set up to accept cookies. You can remove cookies by following the directions provided in your Internet browser’s “Help” file. If you reject cookies, you may still use our Website, but your ability to use some areas of our Website, such as a shopping cart, may be limited and may not function properly.
When Muse receives reports from third parties on how certain functionalities of our website work, usage and statistical information such as the user’s browser type, operating system, device ID (only for IOS users), these third parties may collect personal information from you in connection with the services they provide and may place cookies, web beacons or other devices on your device to collect non-personal information which may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage of the Service and the other services tracked by these third parties. Muse is not responsible for, and does not control, any actions or policies of any third-party service providers.
The information reports we receive from third party service providers may contain Personal Information or may be de-identified or aggregated, and we may also use these reports to improve our data analytics methods. If we combine cookies with, or link them to, any of your Personal Information, Muse will treat this information as Personal Information.
If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or help screen to learn about these functions. However, if you reject cookies or your browser or device settings do not accept cookies, you may not be able to use certain parts of our website or sign in to your Muse Account and may not be able to access certain Service features.Do Not Track Signals. Since there is currently no standard for these signals, Muse does not respond to Do Not Track ("DNT") signals at this time.
Google Analytics. Like many websites, we use Google Analytics for web behavior monitoring, a service that provides information about how many users visit our website and online resources, when they visit, and how they navigate our website. We also may use other Google Analytics tools, such as Demographics and Interest Reporting, which enable us to learn more about the characteristics and interests of the users who visit our website, and Remarketing with Google Analytics, which enables us to provide relevant advertising on different websites and online services.
To learn more about Google’s privacy practices, please go to Google Privacy Policy at: https://www.google.com/policies/privacy/. You can also download the Google Analytics Opt-out Browser Add-on to prevent your data from being used by Google Analytics at: https://tools.google.com/dlpage/gaoptout.
2. User Content
Some features of our Service may include functionality enabling you to post user content, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, photos, and videos (“User Content”) that may be made available to Muse and other users of the Service.
You should be aware that any User Content you provide or post in public media may be read, collected, and used by others who access them, and we have no control over these media. Please exercise caution before and when you choose to share personal information on our blogs, forums or in any other public media.
3. How We Use your Information
Muse will use and share your Personal Information in the ways that are described below and elsewhere in the Privacy Policy.
A) PROVIDE YOU WITH THE SERVICES
We use your information in accordance with this Privacy Policy for activities necessary for provisioning the Service that include testing and analysis of data, generating and delivering Test Results and recommendations, and improving our Services. These activities may include, but are not limited to: i) open and maintain your Muse Account; ii), enabling the purchase of our Service (e.g., process payments); iii), communicate with you (e.g., informing you of policy changes, security updates or issues, etc.); iv) implement your requests (e.g. requests to Customer Service); v) facilitate use of our website (including authenticating your visits, providing personalized content, and tracking your use of our Services); vi) enforce our Terms and other agreements such as monitor, detect, investigate and prevent prohibited or illegal activities, spam and other security risks, performing quality control; vii) if you opt-in to Muse Research, to perform Research Studies and Research & development activities; viii) conducting data analysis to improve existing Services or develop new Services; and ix) improving our data analytics to help us provide more precise and accurately personalized recommendations.
We may also use your information to fix bugs or issues, analyze use of our website, to improve or optimize the customer experience and Customer Service, or assess the efficacy of our marketing campaigns.
We may share your Personal Information with our parent entities, subsidiaries and affiliates. In addition, we will share your information with third parties that assist and subcontract with us to provide the Services. Said third parties are bound to the provisions and obligations set forth in this Privacy Policy as if signatories herein. Except as otherwise provided in this Privacy Policy, we will not share any of your Personal Information with third parties without your specific consent. We may share non-personal information, such as user statistics or demographics, as specifically set forth in this Privacy Policy.
B) IMPROVE OUR SERVICE, ANALYSIS METHODS, AND ARTIFICIAL INTELLIGENCE ENGINE
We are constantly working on improving our Service and enhancing the capacity and accuracy of our data analysis methods and artificial intelligence engine we use for the purpose of delivering more accurate and personalized recommendations to you. We may use your Personal Information for our internal business purposes to improve our Service and operations, to improve our website and online presence, and to facilitate accessibility for you and our other users.
C) PROVIDE CUSTOMER SERVICE AND SUPPORTWhen you contact
Muse customer service (“Customer Service”), we may use or request additional Personal Information, as necessary to verify your identity, answer your questions, resolve disputes, and/or investigate and troubleshoot problems or complaints. In certain instances, we may require using one customer’s Personal Information to resolve another customer’s request. For example, if a customer reports behavior of another customer that violates our Terms of Service, we will separately process both customers’ Personal Information and respond separately to each customer as appropriate. We will not share your Personal Information with another customer or any third party without your specific consent.
D) SURVEYS AND TESTIMONIALS
We value our customers’ feedback and may send you surveys, polls, or requests for testimonials to improve and optimize our Services. We may use your Personal Information obtained from these materials to optimize our Service and perform quality control activities. You are in control of the information you would like to share with us.
E) MARKETING AND COMMUNICATIONS
By creating a Muse Account and using our Service, you agree to receiving Service-related email with information such as new features, add-ons, promotions, contests and other notifications about our Services. You can unsubscribe from receiving these marketing communications at any time. To unsubscribe, click the email footer “unsubscribe” link or send a request to our Customer Service (contact@museyourhealth.com) using the details provided above. You may not opt-out of receiving non-promotional messages regarding your Account, such as technical notices, purchase confirmations, important Muse policies and deadlines applicable to use of Kits and Sample returns or Service-related emails.
We may also use the Personal Information you submit to us to personalize your user experience and to allow us to recommend or deliver the type of content, new features, or Service offering in which you are most interested. We may also use your Personal Information to compile usage statistics and other data regarding use of our Services and for other types of marketing and communication purposes, without asking for and receiving your explicit consent (e.g., targeted advertising that uses third party advertising networks and providers who help us deliver targeted online advertisements or measure the effectiveness of ad campaigns). We and our third-party service providers will not use your Sensitive Information for marketing and communication purposes nor will we sell your Personal Information to any third party entity.
4. How We Disclose Your Information
In general, Muse will not disclose Personal Information to third parties, except as described below.
A) WITH EXPRESS WRITTEN PERMISSION
Muse may disclose your Personal Information to third parties in accordance with our Terms & Conditions or where you have otherwise provided express written consent for sharing of that Personal Information.
B) FACILITATE BUSINESS OPERATIONS
Muse may disclose Personal Information as stated in the Terms & Conditions and this Privacy Policy to partners, vendors, or service providers (e.g., credit card processors, sample collection services, electronic data processors, supplements manufacturers, fulfillment and logistics service providers, customer service accelerators, accredited reference laboratories, testing labs, and healthcare providers), eCommerce store providers, as well as payment gateways that process and/or store such information in order to help Muse provide, or improve the Service or any part of it. In these instances, the protection of your Personal Information will be subject to the service agreements or privacy policies of the specific Muse partner or service provider. We require our service providers to agree to data security and confidentiality provisions, at least as strong and robust as our privacy and security measures regarding the use of our data, including your Personal Information.
C) AS REQUIRED BY LAW
Under certain circumstances, Personal Information may be subject to disclosures pursuant to judicial or other government subpoenas, warrants, or orders, or in coordination with regulatory authorities. You acknowledge and agree that Muse is free to preserve and disclose any and all Personal Information to law enforcement agencies or others regulatory agencies that oversee manufacturing and logistics service, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry); (ii) obligations that Muse may owe pursuant to ethical, regulatory (such as Food and Drug Administration), and other professional rules, laws, and regulations; (iii) enforce Terms of Service; (iv) respond to claims that any content violates the rights of third parties; or (v) protect the rights, property, or personal safety of Muse, its employees, its customers (including you), and the public. In the event Muse is required by law to disclose Personal Information, Muse will notify you through the contact information provided to Muse in advance, unless doing so would violate the law or a court order.
D) SHARING WITH THIRD PARTIES
Unless required by law or a court order, or as specifically stated in the Terms & Conditions and this Privacy Policy, Muse will not release your Personal Information to any third party without first receiving your consent. Specifically, Muse does not share your Personal Information with third parties, in the following ways, without your explicit consent: i) sell, lease, or rent them; ii) release to any public databases; and iii) with insurance companies, educational institutions, government agencies, or employers.We may share your Personal Information, without explicit consent, to the extent necessary, with third parties: i) in order to perform business operations that help deliver the Services to you (e.g., Sample collection services, laboratory service, inventory controllers that ship Kits, logistics operators, IT service providers, customer service optimizers, etc.); ii) for marketing and communication purposes and iii) if the third party is a clinical partner that either performs services to Muse as part of the delivery of the Services or is a provider that you otherwise designate, we may share Personal Information and your results with that clinical partner.
E) TO YOUR AUTHORIZED REPRESENTATIVE
When a customer has lost capacity or passed away, we will only give their Account information to individuals who are legally authorized to make decisions on their behalf, such as an executor, a personal representative, or a beneficiary of a deceased's estate. The person requesting the information must complete an authorization form and provide evidence and legal documentation indicating they are allowed to act on behalf of the individual before we will provide any information, including but not limited to Personal Information.
F) BUSINESS TRANSITIONS
In the event Muse goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information will likely be among the assets transferred. In such a case, Personal Information would remain subject to the terms of the pre-existing or the then-current Privacy Policy.
G) DE-IDENTIFIED OR AGGREGATED INFORMATION
We may share aggregated or de-identified, non-customer specific data and information derived from Personal Information with other entities for the purpose of performing activities that may help us provide and improve our Services.
5. Muse Research
“Muse Research” is a research program operated by Muse to make new discoveries about hormonal health. Muse Research is an opt-in program, meaning that participation is entirely voluntary. Muse Research may be sponsored by, conducted on behalf of, or in collaboration with third parties.
You are not required to participate in Muse Research to make use of the Services.
6. Children’s Privacy
The Service is not directed, designed, or intended to attract children under the age of 18. In the event Muse is notified or becomes aware that the Service has been used by a child under the age of 18 to store information of that child without parental consent, Muse shall be and is authorized to delete, in its entirety, with no notice to you, any of the information stored by that child or by you on that child’s behalf. Muse also reserves the right to revoke any license to use the Service, which is being used or has been used by a child under the age of 18.
7. Information Security Measures
No data transmission over the Internet or website can be guaranteed to be secure from intrusion. However, we maintain commercially reasonable physical, electronic and procedural safeguards to protect your Personal Information in accordance with data protection legislative requirements. We follow the Payment Card Industry Data Security Standards (PCI DSS) when handling credit card data. By employing these safeguards, we aim to prevent unauthorized access, minimize accidental disclosure, maintain data accuracy and integrity, and ensure appropriate use of Personal Information in accordance with current technological and industry standards.
Protecting Personal Information is a responsibility shared between you and Muse. In this regard, we ask all users of our Service to be responsible for keeping their login IDs, passwords, and other authentication information used to access the Service in a secure manner and maintain strict confidentiality. You should not share Account and authentication information with any third parties and should inform Muse immediately of any prohibited use of your Account or authentication information. We also recommend that you take steps to protect against unauthorized access to your account through shared or public computers, devices, and applications. Muse cannot secure and assumes no liability for Personal Information that is released by our customers to third parties, such as physicians, insurance companies, or healthcare service providers.
8. Retention of Personal Information
By choosing to have Muse extract the molecular level data from your Samples as part of the Service, you consent to have Muse access, analyze, and store your Personal Information using the same or more advanced technologies, in a manner consistent with our Terms and this Privacy Policy. Unless we notify you otherwise, we will store your Samples and data from the Samples for at least ten (10) years, but may, in our sole discretion, to the extent permitted by law, retain such Samples and data for a longer period of time. All of the same safeguards applicable to Personal Information will be provided, to any further use of your Samples, as in our Terms of Service and this Privacy Policy.
Unless you close your Account that results in deletion of your Personal Information in the Account as described in the Account Closure process as specified below, Muse will store your Personal Information as long as your Account is open.
9. Correction of Personal Information
Your Personal Information, if incorrect, can be corrected, changed, or updated by sending a request to our Customer Service using the information stated below:
Submit online: Send in a request on “Correcting Personal Information” using contact@museyourhealth.com
Submit by Mail: Muse Customer Service (Correction of Personal Information)
Muse Health, Inc.
157 Bleecker Street #1
New York, NY 10012
10. Account Closure
If you no longer wish to use the Service, or have your Personal Information processed by us in order to provide you the Service, you may close your Account and have your Account information deleted by sending our Customer Service a request using the information specified below.
Submit online: Send in a request on “Account Closure” using contact@museyourhealth.com
Once we receive your request, we will send an email to the email address linked to your Account detailing our Account Closure Policy and requesting that you confirm your closure request. Once you confirm your request to close your Account and delete your Account information, your Account will no longer be accessible. When your request is processed, it cannot be canceled, undone, withdrawn, or reversed.
When closing an Account, Muse removes or deletes Personal Information associated with that Account, except that, to the extent necessary and permitted by law, Muse may still retain Personal Information (i) for accounting, audit, and compliance purposes; (ii) for compliance with legal retention requirements; (iii) to fulfill contractual obligations, or exercise or defend legal claims; (iv) already used for Muse Research, if you have opted-in.
11. Nevada Residents
Pursuant to Nevada Privacy Law (“NPL”), Nevada residents may direct a business that operates an internet website not to sell certain Personal Information about you. Muse does not sell your Personal Information to third parties.
12. California Residents
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. We do not share your Personal Information with third parties for their own direct marketing purposes.
13. Contact Us
If you have questions, concerns, or complaints about this Privacy Policy, would like to request a current or previous version, or would like more information regarding our process for updating this Privacy Policy, you can contact us using the following options:
Contact us by email:
contact@museyourhealth.com
Contact us by mail:
Muse Customer Service (Correction of Personal Information)
Muse Health, Inc.
157 Bleecker Street #1
New York, NY 10012