Privacy Policy
Last Revised: February 21st, 2022
INTRODUCTION AND DEFINITIONS
This privacy policy (the “Privacy Policy”) constitutes an agreement between you, or if you are under the age of majority in your local jurisdiction, your parent or legal guardian (“user”, “you” or “your”) and The Difference and its affiliates and subsidiaries (collectively, “The Difference”, “us”, “our” or “we”). The Difference is dedicated to protecting the privacy rights of our users. This Privacy Policy describes how The Difference collects, protects, uses, and discloses information and data created in the course of your access to and use of the Site and/or Services (each as defined below).
Please note that The Difference is not responsible for the actions of any third parties, the content of their websites, the use of information you provide to them or any products or services they may offer. Any link to third party websites are offered solely as a convenience to you and does not constitute our sponsorship or endorsement of, or affiliation with those third parties.
If you have any questions or concerns after reading this, please email us at: thedifferenceapp@gmail.com
Policy overview
THE DIFFERENCE recognizes the importance of having effective privacy protections in place and is committed to compliance with applicable data privacy laws, regulations, internal policies and standards. These protections form the foundation of a trustworthy company; are necessary to maintain the confidence of customers and employees; and ensure the company’s own compliance with such local laws. This Privacy Policy (“Policy”) is based on globally accepted, basic principles on data protection.
Scope
This Policy applies worldwide to all clients, employees, contractors and any other users of THE DIFFERENCE APP. This policy also applies to all THE DIFFERENCE users, including Consumers and Businesses, and to all THE DIFFERENCE platforms and services, including our website, app, features, and other services (collectively, the “THE DIFFERENCE Platform”). Please remember that your use of THE DIFFERENCE Platform is also subject to our Terms and Conditions.
Application of local laws
Each user and member of THE DIFFERENCE is responsible for compliance with this Policy. If there is reason to believe that local law requirements or other legal obligations contradict the duties under this Policy, you must inform us. In the event of conflicts between applicable local laws, rules or regulations and the Policy, THE DIFFERENCE will work to find a practical solution that reconciles these requirements.
For the purposes of this Privacy Policy:
“BAA” means Business Associate Agreement (or Contract), and is the contract between a HIPAA covered entity and a Business Associate.
“Business Associate” means a person or entity that performs certain functions or activities that involve the use or disclosure of PHI on behalf of, or provides services to, a HIPAA Covered Entity.
“Content” means any expression fixed in a tangible medium and includes, without limitation, ideas, text, comments, video, audio, images, graphics, designs, drawings, animations, logos, trademarks, copyrights, information, data, software, scripts, executable files, recipes, workouts, likes, activities, maps, routes, nutritional information and data, and any intellectual property therein, any of which may be created, submitted, or otherwise made accessible on or through the Site and/or Services.
“Covered Entity” means (1) health plans, (2) health care clearinghouses, and (3) health care providers who electronically transmit any health information in connection with transactions to which HIPAA applies.
“The Difference Content” means all Content that is not User Generated Content.
“HIPAA” means the United States Health Insurance Portability and Accountability Act of 1996.
“PHI” means individually identifiable health information, held, or maintained by a Covered Entity or its Business Associates acting for the Covered Entity, that is transmitted or maintained in any form or medium (including the PHI of non-U.S. citizens).
“Products” means all tangible and intangible products that are sold or given away by The Difference, including, but not limited to, downloadable software applications.
“Services” means all services accessed through the Site.
“User Generated Content” or “UGC” means any material whatsoever that a user, including you, submits, creates, transfers or otherwise makes available by access to the Site or through the Services, including but not limited to messages, information, images, data or in-media screen shots, video, audio, or other Content posted in any public or private area within the Site or through the Services.
“Websites” means any website or subdomain that is owned and operated by The Difference, including, but not limited to www.TheDifferenceApp.com and/or The Difference’s mobile applications.
Acceptance of TERMS and Revisions
By accessing the Website, Products and/or Services, submitting information to us (regardless of whether you register an account with us) or downloading, installing, or using any of the Websites, Products and/or Services you accept this Privacy Policy. If you do not accept this Privacy Policy you must not submit information to or register an account with us, access the Websites, Products or Services or download, install or use any of the Websites, Products and/or Services.
We reserve the right to revise this Privacy Policy at any time. We will give you notice of such revisions by posting the revised Privacy Policy at www.TheDifferenceApp.com. We will make a reasonable effort to inform you of changes to our Privacy Policy through our Websites, Products and Services, by email, or by SMS text messaging. It is your responsibility to ensure that you are aware of the current Privacy Policy when you access or use the Websites, Products and/or Services. If you continue to access or use any of the Websites, Products and/or Services after any revisions to this Privacy Policy are posted you will be deemed to have accepted those revisions.
Context Definitions
Personal data
Any information that can directly or indirectly be used to identify a natural person, whether that individual is an employee, a customer or employee of a customer, a vendor or employee of a vendor, a job applicant or any other third party.
Examples:
Names
Addresses
Phone numbers
Email addresses
Processing
Any operation performed on Personal Data, with or without the use of automated systems, such as to collect, store, organize, retain, archive, record, view, modify, adapt, alter, query, use, retrieve, forward, transmit or combine data. This also includes disposing of, deleting, erasing, destroying or blocking data.
Examples:
Storing information in databases
Viewing information stored on another computer
Transferring information from one database to another
Data protection principles
Overview
Personal Data will be collected, recorded and used in a proper and professional manner, whether the Personal Data is on paper, in computer records or recorded by any other means.
THE DIFFERENCE is accountable for and must be able to demonstrate compliance with the following principles of data protection ONLY when data is held by us but after we hand over the data, we are not responsible for third parties’ action. Nonetheless we believe in these data principles:
a) Fair and lawful
When Processing Personal Data, the rights of the individual related to their Personal Data must be protected. Personal Data must be collected and processed fairly and lawfully.
b) Purpose specification
Personal Data can be used or processed only for the purpose defined at the time of collection and shall not be further used or Processed in any manner incompatible with that purpose. Personal Data may not be collected and stored for potential future use unless allowed by local law.
c) Collection limitation
THE DIFFERENCE only collects Personal Data necessary to meet the specified purpose at the time of collection and only to the extent allowed by local law.
d) Deletion
Personal Data no longer needed for the purpose specified at the time of collection shall be deleted according to applicable retention schedules unless it is subject to an exception from us.
e) Data quality
Personal Data should be accurate, and if necessary, kept up to date.
f) Security safeguards
Personal Data must be protected using technical, managerial and physical security measures against risk of loss or unauthorized access, destruction, use, modification or disclosure.
g) Transparency
Individuals must be notified at the time of collection how their Personal Data is being used or processed. They must be aware of who is collecting the Personal Data, the purpose for the Processing of the Personal Data and if third parties will Process the Personal Data, that adequate safeguards are in place. All such notices must be approved by us.
h) Individual participation
To the extent required by local law, individuals have a right to access their Personal Data and, where appropriate, to correct or delete it and exercise any other right provided by local law.
Does this Privacy Notice apply to you?
This Privacy Notice applies to you if you are a user of THE DIFFERENCE,
Types of Information We Collect
There are two types of information we may collect through your access to and use of the Websites, Products and/or Services:
1. “Personal Information” means information about an identifiable individual. Personal Information may include, but is not limited to, a person’s name, email address, residential address, precise geolocation information (i.e., your specific location), telephone number, payment card information, transaction history, other billing information and, in some cases, username.
2. “Non-Personal Information” means information that does not identify you and cannot be used to contact you personally and may include your date of birth, age, gender, postal code and non-precise geolocation information (e.g., your city), as well as information about your computer, mobile device, and/or media system platform and their hardware/software/firmware and including but not limited to your unique device ID, Internet Protocol (IP) address, or other persistent identifiers. Non-Personal Information also includes “Usage Data” which is anonymous data associated with your computer, mobile device, and/or media system platform, that includes, in-media time, activities, purchases, badges, and in full compliance with HIPAA and Privacy laws, and on an aggregated and anonymous basis, your data entries, notes, recipes, targets, profile, calculations and model results.
Note: Under certain circumstances, Personal Information and/or Non-Personal Information may constitute PHI. If HIPAA applies to such Personal Information and/or Non-Personal Information, we will take appropriate steps to comply with HIPAA’s privacy and security rule requirement. For example, if we are a Business Associate of a Covered Entity, and if specific Personal Information and/or Non-Personal Information that we use or disclose as such a Business Associate is PHI, we will take appropriate steps to comply with HIPAA’s privacy and security rule requirement with respect to any such use and disclosure.
Application of this Privacy Policy
This Privacy Policy only applies to the information that The Difference collects and uses, or is supplied, through the access to and use of the Websites, Products and/or Services. Any information disclosed to any third-party service providers is dealt with in accordance with the privacy policies adopted by each of those service providers. Individuals are encouraged to review the privacy policies maintained by each of those service providers to understand how their information will be used by those entities to process requests. For example, we partner with third-party service providers and vendors to provide access to existing payment gateways and your credit card, banking and other billing information is kept with our payment processor company.
The Websites, Products and/or Services may contain links to third-party websites (the “Linked Sites”) that are not controlled or operated by The Difference. The Linked Sites are maintained by third parties who have their own privacy policies and their own terms and conditions of use. This Privacy Policy does not apply to any of the Linked Sites and The Difference is not responsible for any information disclosed to or collected by those Linked Sites or for the privacy practices of any operators or sponsors of the Linked Sites. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that third-party. Because we cannot control the activities of third parties, we do not accept responsibility for any use of your information by such third parties, and we do not guarantee that they will adhere to the same privacy and security practices as The Difference. To determine how your information will be treated when accessing or using the Linked Sites, you must read the privacy policy, if any, that applies to each of the Linked Sites.
Collection of Information
We may collect information (including Personal Information) as follows:
· Information you Provide to Us. If you choose to open an account with us, request support, or in any other way take steps that require the submission of information; we may collect information such as your name, email address, phone number, date of birth and gender.
· Social Media Sites. If you choose to connect to our Websites, Products and/or Services through a third-party social network such as Facebook, we may collect information from your profile on such third-party social networks, such as your name, username, photograph, gender, and date of birth.
· Payment Information. If you choose to pay for our Websites, Products and/or Services, our payment processor will collect your payment information, such as credit card or bank account number. We do not collect or store your payment information.
· Interactive Areas. If you choose to make use of any of our Interactive Areas, including, but not limited to user-to-user messaging, community features, forums, comment section or chat function, we may collect any information you may disclose through such means.
· In-Media Communications. If you choose to send a message to another user or defined group of users through our message, chat, post, or other function, we may collect any information you may disclose through such means, as well as the necessary Personal Information of the user(s) you are contacting, in order to facilitate the communication.
· Push Notifications. If you choose to enable push notifications, we may use your information such as a device ID or email address in order to send push notifications to your device.
· Your Location. We may collect precise geolocation information provided that, prior to doing so initially, you will either be informed of such practice or be prompted to allow or disallow such feature. In the event you proceed with using any of the Products or Services or choose to allow such feature, you will have the ability to disallow it at any time thereafter by taking the appropriate steps in the applicable settings tab.
· Information You Submit to Us. If you choose to submit your information to us for any other reason in any other form, we will collect such information and use it for the purposes for which you submitted it.
· Visiting our Websites. We will not collect any Personal Information from you simply by virtue of your visiting our Websites. The information we collect is anonymized data used for statistical purposes. We only collect Personal Information if you choose to submit it to us. We do, however, collect Non-Personal Information such as device IDs, IP addresses and other persistent identifiers, as well as Usage Data, whenever you use our Websites, Products and/or Services. Such Non-Personal Information is not combined with Personal Information unless you choose to submit Personal Information to us.
· Where Permitted by Law. We may also collect information, including Personal Information as otherwise permitted by law.
· Our Third-Party Contractors. We may ask some third-party contractors, such as credit agencies, data analytics or market research firms, to supplement Personal Information that you provide to us for our own marketing and demographic studies, so that we can consistently improve our Websites, Products and/or Services and related advertising to better meet our client’s or potential client’s needs and preferences. To enrich our understanding of individual clients or potential clients, we may tie this information to the Personal Information you provide to us.
· “Cookies”. In connection with the foregoing collection of information, we may also use “cookies” or similar technologies (small amounts of data that are stored on your computer’s hard drive, mobile device, or media system platform when you use or access our Websites, Products and/or Services that identify your computer, mobile device or media system platform and may store information about you such as behavioral data). Should you choose to submit Personal Information to us, we may link cookie information to such Personal Information. If you do not wish to accept cookies, you have the option of blocking or disabling cookies. However, please be aware that some of our Websites, Products and/or Services will not function properly if you do so and you may lose access to Websites, Products and/or Services you purchased.
· Third Party Advertisers. In addition, certain third-party advertisers may also make use of cookies alone or in conjunction with other tracking technologies in their ads served within our Websites, Products and/or Services. Such cookies may collect Non-Personal Information which those advertisers may use to serve you targeted ads both within and outside of our Websites, Products and/or Services.
Third-Party Use of Cookies (and Other Tracking Technologies)
Some content or applications, including advertisements, on the Websites, Products and/or Services are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.
The Difference does not collect Personal Information through the access to and use of our Websites, Products and/or Services unless users choose to provide it. If you do not wish to have The Difference collect your Personal Information through the use of our Websites, Products and/or Services, you can choose not to provide it.
Public Information Including User Generated Content
You may choose to disclose information about yourself in the course of contributing User Generated Content to us or through your use of our Websites, Products and/or Services including but not limited to our interactive areas, user “profiles” for public view or in similar forums on our Websites, Products or Services. Information that you disclose in any of these forums is unencrypted, public information, may be accessed or recorded by The Difference, and there is no expectation of privacy or confidentiality therein.
You should be aware that any Personal Information you submit in the course of these public activities can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to make public in any of these forums.
Also note that in the ordinary course of Internet activity, certain information may be sent from your browser to third parties such as advertising networks and analytics companies. The Difference has no control over the information sent from your browser to those networks or other third parties and recommends that you ensure that your browser settings prevent the disclosure of information you would not like to share.
If you post a video, image, photo, or text on our Websites, Products and/or Services for public view you should be aware that these may be viewed, collected, copied and/or used by other users without your knowledge or consent. We are not responsible for the videos, images, photos, or text that you choose to submit to our Websites, Products and/or Service. Please see our Terms and Conditions for more information about posting content on any of our Websites, Products and/or Services.
Use of your Information
We may use your information (including Personal Information) for administrative, analytical, research, optimization, security, and other purposes, including, without limitation, the following purposes:
· to provide you with access to any Websites, Products or Services or functionality you have requested, including the Websites, Products and/or Services;
· to improve our Websites, Products and/or Services, and to inform the creation of future Websites, Products and/or Services;
· to send you information related to our Websites, Products and/or Services, including confirmations, technical notices, updates, security alerts, and support and administrative messages;
· to process transactions for the Websites, Products, and/or Services;
· to manage your account with The Difference;
· to track your access to and use of our Site and/or Services to help us learn more about your Site and/or Services access and usage, Content consumption and understand your preferences and tendencies so that we can personalize your experience, provide you with offers and notifications that are tailored to you, and otherwise enhance your experience when viewing Content and using our Websites, Products, and/or Services;
· to personalize your Websites, Products and Services and related offers;
· to respond to customer service inquiries;
· to troubleshoot problems with the Websites, Products and/or Services;
· to enforce our Terms and Conditions;
· to protect against unlawful activities or other misuse of the Websites, Products and/or Services or for other security reasons;
· to conduct marketing, including promotional activities such as sending newsletters;
· to provide you advertising that better suits your interests and profile and is age/gender-appropriate and targeted to your interests or general location or both;
· to compile statistics;
· to send you push notifications (if you choose to allow that function); and
· to take any other action permitted by law.
By providing Personal Information through the access to, or use of, our Websites, Products and/or Services, you acknowledge and agree that we may use the Personal Information for the purposes set out in this Privacy Policy and by accessing, using, or installing any of our Websites, Products and/or Services or submitting information to us you also agree that we may use the Non-Personal Information for the purposes set out in this Privacy Policy.
Updates and Push Notifications
We may occasionally send you updates, patches and related push notifications that may be of importance to you. If you do not wish to receive updates, patches and notifications you should discontinue use of our Websites, Products and/or Services or disconnect your computer or device from the Internet.
If you do not wish to receive push notifications, unselect the “Email notifications” and/or “Text notifications” box under your Account Information in your Profile and/or Turn Off Push Notifications for our Websites, Product and/or Services.
What measures does THE DIFFERENCE take to protect your Personal Data?
THE DIFFERENCE has taken appropriate technical and organizational measures to protect your Personal Data against accidental or unlawful processing, including by ensuring that:
Your Personal Data is protected against unauthorized access;
The integrity and availability of your Personal Data will be maintained;
Personnel is trained in information security requirements; and
Actual or suspected data breaches are reported in accordance with applicable law.
Where does THE DIFFERENCE store or transfer your Personal Data?
Personal Data is stored in the United States. We shall update this Policy in the event such data is transferred elsewhere as required by the law.
What rights can you exercise in relation to your Personal Data?
Based on the law applicable to the use of your Personal Data, you have rights in relation to your Personal Data. Note that we will have to balance your rights and your request to exercise them against our rights and obligations to process your Personal Data and to protect the rights and freedoms of others. A number of the rights you have in relation to your Personal Data, as applicable in the European Economic Area, are explained below:
Right of access
You are entitled to a copy of the Personal Data we hold about you and to learn details about how we use it. Your Personal Data will usually be provided to you digitally. We may require you to prove your identity before providing the requested information.
Right to rectification
We take reasonable steps to ensure that the information we hold about you is accurate and complete. However, if you believe this is not the case, you have the right to request that any incomplete or inaccurate Personal Data that we process about you is amended.
Right to erasure
You have the right to ask us to erase your Personal Data, for example where the Personal Data is no longer necessary for the original purpose for which they were collected, where Personal Data has become obsolete or where you withdraw your consent to the grounds on which data is processed. However, this will need to be balanced against other factors. For example, we may not be able comply with your request due to certain legal or regulatory obligations.
Right to restriction of processing
You are entitled to ask us to (temporarily) stop using your Personal Data, for example where you think that the Personal Data we hold about you may be inaccurate or where you think that we no longer need to use your Personal Data.
Right to data portability
You may have the right to ask that we transfer Personal Data that you have provided to us to a third party of your choice. This right can only be exercised when you have provided the Personal Data to us, and when we are processing that data by automated means on the basis of your consent or in order to perform our obligations under a contract with you.
Right to object
You have the right to object to processing which is based on our legitimate interests. You may also ask us to stop using your Personal Data for marketing purposes at any time, and if you do so, THE DIFFERENCE will immediately cease to use your Personal Data. For other purposes based on our legitimate interests, we will no longer process the Personal Data on that basis when you file an objection, unless we have a compelling legitimate ground for the processing. Note, however, that we may not be able to provide certain services or benefits if we are unable to process the necessary Personal Data for that purpose.
Rights relating to automated decision-making
You have the right not to be subjected to a decision based solely on automated decision-making, including profiling, which produces legal effects concerning you or similarly significantly affects you. If you have been subject to an automated decision and do not agree with the outcome, you can contact us using the details below and ask us to review the decision.
Right to withdraw consent
We may ask for your consent to process your Personal Data in specific cases. When we do this, you have the right to withdraw your consent at any time. THE DIFFERENCE will stop the further processing as soon as possible after the withdrawal of your consent. However, this does not affect the lawfulness of the processing before consent was withdrawn.
Emails: For your email preferences, visit the Email Preference Center.
Cookies and other technologies: To opt out of advertising, visit NAI Consumer Opt Out.
Disclosure of Information
We will not transfer your Personal Information to third parties, except for our business partners who have agreed to comply with legally required privacy standards and who will use the information only for the purposes disclosed at the time of collection or for a use consistent with that purpose.
Notwithstanding the foregoing, we reserve the right to disclose information, including Personal Information, if we reasonably believe that we are required to do so by law or legal process or if we are otherwise requested by any law enforcement officer or agency acting under color of law. In addition, we reserve the right to disclose Personal Information and Non-Personal Information in order to (a) enforce the Terms and Conditions; (b) investigate and/or take action against unlawful activity, suspected abuse or unauthorized use of the Websites, Products and/or Services; (c) protect and defend the rights or property of The Difference; or (d) act in urgent circumstances to protect the safety or security of the public or users of the Websites, Products and/or Services. We may also disclose your information (including Personal Information) in connection with a corporate re-organization, a merger or amalgamation with another entity, or a sale of all or a substantial portion of our assets provided that the information disclosed continues to be used for the purposes permitted by this Privacy Policy by the entity acquiring the information.
We may also share aggregate or anonymous information, including Personal Information, about you with hardware manufacturers, platform hosts, content providers, publishers, business partners, and other third parties, to the extent permitted by applicable law.
We may sell aggregate information, including Personal Information, Non-Personal Information, and Usage Data, in the form of statistical research reports.
We may sell, rent or share your Usage Data and other Non-Personal Information including, without limitation, device IDs, advertising IDs or other persistent identifiers and non-precise geolocation information or precise geolocation information (if you choose to allow us to collect it), with third parties who assist us with our operations such as administration, analytics, research, optimization, and with our advertising partners in order to, among other things, allow them to serve more relevant advertisements tailored to you.
If information constitutes PHI, We will only use or share PHI in compliance with the privacy and data security requirements of HIPAA, and in conformity with the terms and conditions of any applicable Business Associate Agreement.
Your California Privacy Rights
California Civil Code Section § 1798.83 permits users of our Websites, Products and/or Services that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. However, we do not disclose personal information to third parties for their direct marketing purposes.
Protection of YOUR Information
The Difference has implemented reasonable physical and technical measures to protect the information we collect or are provided with from unauthorized access and against loss, misuse, or alteration by third parties. Further, while we attempt to ensure the integrity and security of our network and systems, we cannot guarantee that our security measures will prevent third-party “hackers” from illegally obtaining access to this information. We do not warrant or represent that your information will be protected against, loss, misuse, or alteration by third parties. No method of transmission over the Internet, or method of electronic storage, is 100% secure. While we take reasonable efforts to safeguard Personal Information, we are not liable for any breach resulting from the limitations of the security of our systems.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY GUARANTEE OF SECURITY IN CONNECTION WITH YOUR PERSONAL INFORMATION.
For further information on how we safeguard information we collect or are provided with, contact us via email at thedifferenceapp@gmail.com.
Retention of YOUR Information
The data and information that we collect will be stored and maintained by The Difference or our third-party service providers until you delete it or instruct us to delete it.
Currently, The Difference or our third-party service providers retain, and store information collected by, or provided to us in the cloud and on secure, HIPAA compliant servers in the United States. As The Difference and some of our third-party service providers may retain and store information received from users (including Personal Information) outside of the United States, and under the laws of those other jurisdictions, in certain circumstances courts, law enforcement agencies, regulatory agencies or security authorities in those other provinces or foreign jurisdictions may be entitled to access users’ information.
Account Security
If you access or use our Websites, Products and/or Services, you are responsible for protecting the confidentiality of your account password and elected codes, and for restricting access to your computer, device, or media system platform, and you agree to accept responsibility for all activities that occur under your account. Please notify us immediately if you detect suspected misuse of your account.
Access and Accuracy
The Difference will use commercially reasonable efforts to provide you access to your Personal Information (to the extent we are in possession of any) if you submit your request for access via thedifferenceapp@gmail.com. Subject to applicable law, The Difference reserves the right to deny access to your Personal Information on any of the following grounds:
· when denial of access is required by law;
· when granting you access is reasonably likely to negatively impact other people’s privacy;
· when granting access is, in our judgement and acting reasonably, cost prohibitive; or
· when we have reason to believe that such requests are frivolous or made in bad faith.
You are responsible for ensuring that all information created through your access to and use of the Websites, Products and/or Services is accurate, reliable, and complete and you acknowledge and accept that the use of such information is at your own risk. We ask that you keep the Personal Information that you provide to us current and correct. Users can access and edit their account information under the Profile tab of the Websites, Products or Services.
You represent and warrant that all Personal Information you provide us is true and correct and relates to you and not to any other person. If you believe that the Personal Information maintained by The Difference about you is inaccurate or incomplete, you may notify us by describing in detail any inaccuracies or omissions via email at thedifferenceapp@gmail.com. Following receipt of a properly submitted notice, we will, within a reasonable time period and acting in our sole discretion, use commercially reasonable efforts to either: (a) amend or correct your Personal Information to reflect corrected or additional information provided by you, or (b) in connection with your Personal Information, make note of any claimed inaccuracies or omissions reported in the notice submitted by you.
Policy Regarding Children
The Difference recognizes the privacy interest of children, and we encourage parents and guardians to take an active role in their children’s use of our Websites, Products and/or Services. Our Websites, Products and/or Services are not intended for children under the age of 13. No one under the age of 13 may provide any information to or on our Websites, Products and/or Services. We do not target our Websites, Products and/or Services to children under the age of 13. The Difference does not knowingly collect or use any Personal Information from children under the age of 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact us at thedifferenceapp@gmail.com.
If you are between the age of 13 and 18, please obtain your parents’ or legal guardian’s permission before accessing or using any of our Websites, Products and/or Services or providing us with any Personal Information.
Your Rights And Choices Regarding Your Data
As explained more below and on our privacy homepage, THE DIFFERENCE provides ways for you to access and delete your personal information as well as exercise other data rights that give you certain control over your personal information.
A. All Users
Email Subscriptions. You can always unsubscribe from our commercial or promotional emails by clicking unsubscribe in those messages. We will still send you transactional and relational emails about your use of the THE DIFFERENCE Platform.
Push Notifications. You can opt out of receiving push notifications through your device settings. Please note that opting out of receiving push notifications may impact your use of the THE DIFFERENCE Platform.
Profile Information. You can review and edit certain account information you have chosen to add to your profile by logging in to your account settings and profile.
Cookie Tracking. You can modify your cookie settings on your browser, but if you delete or choose not to accept our cookies, you may be missing out on certain features of the THE DIFFERENCE Platform.
Do Not Track. Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not want them to track your online activities. The THE DIFFERENCE Platform does not currently support Do Not Track requests at this time.
Deleting Your Account. If you would like to delete your THE DIFFERENCE account, please visit our privacy homepage. In some cases, we will be unable to delete your account, such as if there is an issue with your account related to trust, safety, or fraud. When we delete your account, we may retain certain information for legitimate business purposes or to comply with legal or regulatory obligations. For example, we may retain your information to resolve open insurance claims, or we may be obligated to retain your information as part of an open legal claim. When we retain such data, we do so in ways designed to prevent its use for other purposes.
Governing Law
Those who choose to use or access the Websites, Products and/or Services from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Notwithstanding the foregoing, and recognizing the global nature of the Internet, each viewer and user shall comply with all local rules regarding online conduct and submission of acceptable materials. This Privacy Policy is governed and interpreted pursuant to the laws of the State of New York and the federal laws of the United States applicable therein, without regard to principles of conflicts of law that would impose the law of another jurisdiction, and you accept and submit to the exclusive jurisdiction of the courts located within the State of New York.
International Transfer
We may transfer information that we collect about you to affiliated entities, or to other third parties across borders and from your country or jurisdiction to other countries or jurisdictions around the world. Please note that these countries and jurisdictions may not have the same personal information protection laws as your own jurisdiction, and you consent to the transfer of information over international borders and the use and disclosure of information about you, including Personal Information, as described in this Privacy Policy.
Changes to This Privacy Policy
We may update this policy from time to time as THE DIFFERENCE Platform changes and privacy law evolves. If we update it, we will do so online, and if we make material changes, we will let you know through THE DIFFERENCE Platform or by some other method of communication like email. When you use THE DIFFERENCE, you are agreeing to the most recent terms of this policy.
Communication and responsibilities
Responsibilities
All users are responsible for:
Reading and complying with this Policy and related policies, along with related documents/guidelines that may be developed and maintained to implement the requirements of this Policy.
Reporting violations of this Policy.
Management is additionally responsible for:
Ensuring all reporting personnel understand the requirements of this Policy.
Ensuring appropriate safeguards are in place to protect Personal Data.
THE DIFFERENCE prohibits any form of retaliation for reporting in good faith a suspected violation of this Policy.
Questions or Comments
We welcome questions or comments about this Privacy Policy. Please direct any questions or comments to the individual below who oversees The Difference’s compliance with privacy requirements:
The Difference
3 Norma Place
Scarsdale, NY 10583
Email:
thedifferenceapp@gmail.com