Headspace

Wording we could quote

• Changed

  Children’s data

  Was

  “(c) Headspace does not support Members under the age of 13.”

  Now

  “Our Products and Services are intended for individuals at least 18 years of age. There are limited exceptions: i. If you are in the US or UK and 13-17 years old or if you are in the EU and 16-17 years old, you may access our Products via certain Benefit Sponsor... offerings”

Wording we could quote

• No longer quoted

  Children’s data

  “Children’s Privacy _Our Platform is not intended for individuals under the age of 13 years old or the equivalent age in your jurisdiction._ 7\.”

Wording we could quote

• Changed

  Forced arbitration or class-action waiver

  Was

  “EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND HEADSPACE AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS OR SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.”

  Now

  “EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THE ARBITRATION CLAUSE, YOU AND HEADSPACE AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS AND SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.”

• Changed

  Jury trial or court access waived

  Was

  “THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW... YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PRODUCTS AND SERVICES AT YOUR OWN DISCRETION AND RISK...”

  Now

  “YOU AND HEADSPACE AGREE THAT DISPUTES RELATING TO THESE TERMS OR YOUR USE OF THE PRODUCTS AND SERVICES WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.”

• Changed

  You take the risk of injury or death

  Was

  “By granting you the right to use the Products or Services, the Headspace Entities (as defined in Section 15) do not assume any obligation or liability with respect to your health or your physical activity or condition. In no event will the Headspace Entities be liable for any death or bodily injury that you suffer...”

  Now

  “In no event will the Headspace Entities be liable for any death or bodily injury that you suffer, or that you cause to any third party, in connection with your use of the Products or Services or any activity you undertake in connection therewith.”

• Changed

  Liability shifted onto the user

  Was

  “THE PRODUCTS AND SERVICES AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. HEADSPACE DISCLAIMS ALL WARRANTIES OF ANY KIND... NO ADVICE OR INFORMATION... WILL CREATE ANY WARRANTY REGARDING ANY OF THE HEADSPACE ENTITIES...”

  Now

  “THE PRODUCTS AND SERVICES... ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. HEADSPACE DISCLAIMS ALL WARRANTIES OF ANY KIND... HEADSPACE DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES OR ANY PORTION... WILL BE UNINTERRUPTED, OR FREE OF ERRORS...”

• Changed

  Broad license to user content

  Was

  “by submitting User Material you hereby grant Headspace an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use... User Material... in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes)... and to grant and authorize sublicenses of the foregoing”

  Now

  “by submitting User Material you hereby grant Headspace an irrevocable, perpetual, non-exclusive, royalty free, worldwide license to use, telecast, copy, perform, display, edit, distribute and otherwise exploit the User Material you post... in any manner (including, without limitation, for commercial, publicity, trade, promotional, or advertising purposes) ... and to grant and authorize sublicenses”

• Changed

  Auto-renewal or hard-to-cancel paid terms

  Was

  “Free Trials automatically convert to a paid annual or monthly subscription term after a certain period of time... Subscriptions may be charged separately for Products and Services... Your account will be charged automatically... The Subscription will continue unless and until you cancel your Subscription...”

  Now

  “Free Trials automatically convert to a paid annual or monthly subscription term after a certain period of time. Your account will be charged automatically on the date when you purchase your first subscription to the Product or Service (“Subscription Billing Date”) for all applicable fees and taxes for the next subscription period.”

• Changed

  Location or sensitive-data over-collection

  Was

  “You further acknowledge that your use of the Products and Services may require the collection of your health information. This health information may be considered sensitive under your local laws... For example, this health information can fall under the “special category” of personal data under the GDPR...”

  Now

  “In order to access the Products or Services, you may be required to provide your payment information. You agree to promptly notify Headspace of any changes to your Payment Method while any payments remain outstanding. You authorize Headspace or a third-party payment processor to charge all fees... to the Payment Method.”

• Changed

  Health or fitness data used beyond care

  Was

  “In certain US states, this health information may be “consumer health data” as defined under applicable laws including Washington’s My Health My Data Act... We encourage you to review both policies to learn more about our privacy practices...”

  Now

  “You further acknowledge that your use of the Products and Services may require the collection of your health information. This health information may be considered sensitive under your local laws... In certain US states, this health information may be “consumer health data”...”

• Changed

  Unilateral changes with little or no notice

  Was

  “Headspace reserves the right to change or update these Terms, or any other of our policies or practices, at any time... If a change to these Terms materially modifies your rights or obligations, we may notify you... If you continue to use the Products or Services after modification, you agree to abide by the modified Terms.”

  Now

  “Headspace reserves the right to change or update these Terms... at any time. We may notify you of such changes via pop-up or push notifications within the Products or via email. If you continue to use the Products or Services after modification, you agree to abide by the modified Terms.”

• No longer quoted

  Children’s data

  “Our Products and Services are intended for individuals at least 18 years of age... Our AI Companion, Ebb, is intended to be used only by individuals 18 years or older... Headspace does not support Members under the age of 13.”

• No longer quoted

  Indefinite retention

  “Headspace’s affiliated medical providers and partners, such as Headspace Medical Group (CA) P.C., will retain coaching records and medical records (as applicable) with respect to your use of the Services for a period of ten years from the date of your last use of the Service or as required by Applicable Law...”

Wording we could quote

• Changed

  Tracking you across apps

  Was

  “For that purpose, we may disclose limited personal information to third parties for our cross-context behavioral and targeted advertising purposes and this activity may fall under broader concepts of “selling” and/or “sharing” under the CCPA.”

  Now

  “Our Products and Websites may collect information from you automatically during your use which may include: Browser and device data... Usage data, such as time spent on the Products and Websites including pages visited, links clicked, approximate location...”

• Changed

  Health or fitness data used beyond care

  Was

  “Headspace operates as a data controller under the General Data Protection Regulation (GDPR) for the majority of the personal information detailed in section 1 and as a data processor for the limited personal information we may receive from your Benefit Sponsor.”

  Now

  “We will collect the information you provide about your health and wellness as you use our Products or engage with the Services... You may also provide this type of information through the Services, such as talking with your coach or therapist...”

• Changed

  Location or sensitive-data over-collection

  Was

  “Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, age and aptitudes”

  Now

  “Profile and demographic information. Through your account in our Product, you may have the opportunity to provide additional information about yourself, such as your age, race and ethnicity, sexual orientation, preferred pronouns, gender or gender identity...”

• Changed

  Children’s data

  Was

  “Our Platform is not intended for individuals below 13 years old or the equivalent age in your jurisdiction. We do not intentionally collect personal information from individuals under that age.”

  Now

  “Our Platform is not intended for individuals below 13 years old... There is a limited exception if you are a parent under a supported employee assistance program (EAP), you may refer your child of at least 6 years old to our Care Providers for in-person care but cannot create an app account for them.”

• No longer quoted

  Difficult or incomplete deletion

  “You have the right to request, under certain circumstances, the deletion of your personal information that we collect.”

• Changed

  Unilateral changes with little or no notice

  Was

  “When we may make a significant change, such as on how we use your personal information or your rights, we will notify you within the Platform or through another channel such as the email you supplied during account registration...”

  Now

  “We may update this Privacy Policy from time to time... When we may make a significant change... we will notify you within the Platform or through another channel such as the email you supplied during account registration...”

• Appeared

  Data sold or shared with third parties

  “Headspace partners with third parties to manage our advertising on other platforms. For that purpose, we may disclose limited personal information to third parties for our cross-context behavioral and targeted advertising purposes and this activity may fall under broader concepts of “selling” and/or “sharing” under the CCPA.”

Wording we could quote

• No longer quoted

  Data sold or shared with third parties

  “For that purpose, we may disclose limited personal information to third parties for our cross-context behavioral and targeted advertising purposes and this activity may fall under broader concepts of “selling” and/or “sharing” under the CCPA.”

• Changed

  Health or fitness data used beyond care

  Was

  “We will collect the information you provide about your health and wellness as you use our Products or engage with the Services... We understand that this information is very sensitive so we handle it with care, including treating this health information as protected health information under HIPAA where applicable.”

  Now

  “Headspace operates as a data controller under the General Data Protection Regulation (GDPR) for the majority of the personal information detailed in section 1 and as a data processor for the limited personal information we may receive from your Benefit Sponsor.”

• Changed

  Location or sensitive-data over-collection

  Was

  “Through your account in our Product, you may have the opportunity to provide additional information about yourself, such as your age, race and ethnicity, sexual orientation, preferred pronouns, gender or gender identity, sex at birth, marital status, and details about your health and medical history.”

  Now

  “Profile reflecting a person's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, age and aptitudes”

• Changed

  Unilateral changes with little or no notice

  Was

  “We may update this Privacy Policy from time to time... When we may make a significant change... we will notify you within the Platform or through another channel such as the email you supplied during account registration, in addition to posting the revised version on our Website.”

  Now

  “When we may make a significant change, such as on how we use your personal information or your rights, we will notify you within the Platform or through another channel such as the email you supplied during account registration...”

• Changed

  Tracking you across apps

  Was

  “Our Products and Websites may collect information from you automatically during your use which may include: Browser and device data... Usage data, such as time spent on the Products and Websites including pages visited... approximate location...”

  Now

  “For that purpose, we may disclose limited personal information to third parties for our cross-context behavioral and targeted advertising purposes and this activity may fall under broader concepts of “selling” and/or “sharing” under the CCPA.”

• Changed

  Children’s data

  Was

  “Our Platform is not intended for individuals below 13 years old or the equivalent age in your jurisdiction... There is a limited exception if you are a parent under a supported employee assistance program (EAP), you may refer your child of at least 6 years old to our Care Providers for in-person care but cannot create an app account for them.”

  Now

  “Our Platform is not intended for individuals below 13 years old or the equivalent age in your jurisdiction. We do not intentionally collect personal information from individuals under that age.”

• Appeared

  Difficult or incomplete deletion

  “You have the right to request, under certain circumstances, the deletion of your personal information that we collect.”

Wording we could quote

• Changed

  Data sold or shared with third parties

  Was

  “However, as with many online companies, Headspace partners with third parties to manage our advertising on other platforms. For that purpose, we may disclose limited personal information to third parties for our cross-context behavioral and targeted advertising purposes and this activity may fall under broader concepts of “selling” and/or “sharing” under the CCPA.”

  Now

  “For that purpose, we may disclose limited personal information to third parties for our cross-context behavioral and targeted advertising purposes and this activity may fall under broader concepts of “selling” and/or “sharing” under the CCPA.”

• Changed

  Health or fitness data used beyond care

  Was

  “We will collect the information you provide about your health and wellness as you use our Products or engage with the Services. You may provide this information through the Products, such as through survey responses about your current mental or physical health status... We understand that this information is very sensitive so we handle it with care, including treating this health information as protected health information under HIPAA where applicable.”

  Now

  “We will collect the information you provide about your health and wellness as you use our Products or engage with the Services... We understand that this information is very sensitive so we handle it with care, including treating this health information as protected health information under HIPAA where applicable.”

• Changed

  Indefinite retention

  Was

  “We will keep your personal information for as long as needed to perform our obligations to you, or for as long as legally permitted. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position...”

  Now

  “We will keep your personal information for as long as needed to perform our obligations to you, or for as long as legally permitted. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you...”

• Changed

  Tracking you across apps

  Was

  “Personalized advertisements you receive about our Platform through third-party platforms, on other websites and apps... To personalize, measure, and improve such offers...”

  Now

  “Our Products and Websites may collect information from you automatically during your use which may include: Browser and device data... Usage data, such as time spent on the Products and Websites including pages visited... approximate location...”

• Appeared

  Location or sensitive-data over-collection

  “Through your account in our Product, you may have the opportunity to provide additional information about yourself, such as your age, race and ethnicity, sexual orientation, preferred pronouns, gender or gender identity, sex at birth, marital status, and details about your health and medical history.”

• Appeared

  Unilateral changes with little or no notice

  “We may update this Privacy Policy from time to time... When we may make a significant change... we will notify you within the Platform or through another channel such as the email you supplied during account registration, in addition to posting the revised version on our Website.”

• Appeared

  Children’s data

  “Our Platform is not intended for individuals below 13 years old or the equivalent age in your jurisdiction... There is a limited exception if you are a parent under a supported employee assistance program (EAP), you may refer your child of at least 6 years old to our Care Providers for in-person care but cannot create an app account for them.”

Wording we could quote

• Changed

  Data sold or shared with third parties

  Was

  “For that purpose, we may disclose limited personal information to third parties for our cross-context behavioral and targeted advertising purposes and this activity may fall under broader concepts of “selling” and/or “sharing” under the CCPA.”

  Now

  “However, as with many online companies, Headspace partners with third parties to manage our advertising on other platforms. For that purpose, we may disclose limited personal information to third parties for our cross-context behavioral and targeted advertising purposes and this activity may fall under broader concepts of “selling” and/or “sharing” under the CCPA.”

• Changed

  Health or fitness data used beyond care

  Was

  “We will collect the information you provide about your health and wellness as you use our Products or engage with the Services... We understand that this information is very sensitive so we handle it with care, including treating this health information as protected health information under HIPAA where applicable.”

  Now

  “We will collect the information you provide about your health and wellness as you use our Products or engage with the Services. You may provide this information through the Products, such as through survey responses about your current mental or physical health status... We understand that this information is very sensitive so we handle it with care, including treating this health information as protected health information under HIPAA where applicable.”

• Changed

  Tracking you across apps

  Was

  “We work with third party platforms who provide us with analytics and advertising services. This includes helping us understand how users interact with our Platform serving advertisements on our behalf to those who may be interested”

  Now

  “Personalized advertisements you receive about our Platform through third-party platforms, on other websites and apps... To personalize, measure, and improve such offers...”

• Changed

  Indefinite retention

  Was

  “We will keep your personal information for as long as needed to perform our obligations to you, or for as long as legally permitted.”

  Now

  “We will keep your personal information for as long as needed to perform our obligations to you, or for as long as legally permitted. The criteria used to determine our retention periods include: (i) the length of time we have an ongoing relationship with you; (ii) whether there is a legal obligation to which we are subject; and (iii) whether retention is advisable in light of our legal position...”

• No longer quoted

  Unilateral changes with little or no notice

  “We may update this Privacy Policy from time to time to reflect Platform changes... When we may make a significant change... we will notify you within the Platform or through another channel such as the email you supplied during account registration”

• No longer quoted

  Location or sensitive-data over-collection

  “Through your account in our Product, you may have the opportunity to provide additional information about yourself, such as your age, race and ethnicity, sexual orientation, preferred pronouns, gender or gender identity, sex at birth, marital status, and details about your health and medical history.”