Effective Date:  May 21, 2018

  • Introduction
  • Collection of Personal Information
  • Our Use and Disclosure of Your Personal Information
  • Use by Other Parties of Your Personal Information
  • Security
  • E-mail Communications
  • IP Address; Clickstream Data; and Cookies
  • Third Party Sites
  • Access to and Change of Personal Information
  • Contacting BeHealth Solutions

Introduction.  BeHealth Solutions, LLC (“BeHealth Solutions”), a Virginia Limited Liability Company (the “Company” or “BeHealth Solutions”), is committed to respecting and protecting the privacy of each visitor of (the “Website”) and users of SHUTiTM websites, SHUTiTM software, and internet and mobile application based services (which we collectively refer to as the “Services”).  This Privacy Policy Statement (this “Privacy Policy”) is issued by BeHealth Solutions in conjunction with the SHUTi™ Terms of Use and User Agreement (“Terms of Use”) governing each User’s use of the Services.  This Privacy Policy explains under what circumstances BeHealth Solutions and/or the BeHealth Solutions Parties (BeHealth Solutions and BeHealth Solutions Parties shall be referred to in this Privacy Policy, collectively, as “we,” “us,” or “our”) gather information relating to each visitor or user of the Services (referred to in this Privacy Policy as “User”, “you” or “your”), how we use such information, and who may access that information.  This Privacy Policy is an integral part of the Terms of Use.  All defined terms used in this Privacy Policy that are not otherwise defined shall have the meanings ascribed thereto in the Term of Use.


This Privacy Policy may be revised by us periodically. We recommend reviewing this Privacy Policy each time you visit the Website or use the Services so that you are aware of any changes.  Your use of the Website or the Services following any changes in this Privacy Policy will constitute your acceptance of such modifications. Should we make any material changes to this Privacy Policy, we will include a notice on the homepage of the Website and/or in an email sent to you (provided that the email address you have provided to us is both valid and active at the time of notification), stating that this Privacy Policy has been updated.

  1. Collection of Personal Information. 

As fully explained in Section 4 and Section 9 of the Terms of Use (Terms of Use can be found on the website through which a User accesses the SHUTiTM program), there are two primary methods through which we may collect personal information from you.  The first method is in connection with the establishment of your User Account.  The personally identifiable information that we collect in connection with the account registration process (“Registration Information”) may vary, but typically includes, but is not limited to, your name, e-mail address, home address, telephone number, and information necessary to process your payment for your Subscription.  All Registration Information is voluntarily submitted by your entering data into online forms.

The second method is when you make non-identifying information available while using the Services (“User Information”). You may make User Information available when you voluntarily upload, submit, or transmit User Submissions through the Services or from a third-party wearable tracking device.  For example, a User may submit information concerning his or her progress within the SHUTiTM program, upload sleep history from a third-party wearable tracking device or submit information into the Services concerning his or her sleep history, sleep patterns, medication intake, etc. User Information does not, on its own, permit direct association with any specific individual.  User Information is associated with your particular numerical user ID assigned to you by us and that numerical user ID is associated with your email address.

While User Information is an important element for the most effective utilization of the Website and the Services, you are under no obligation to provide any User Information. If you do provide User Information, you are thereby consenting to the use and disclosure of such User Information in accordance with the terms and conditions of the Terms of Use and this Privacy Policy.

  1. Our Use and Sharing of Your Personal Information.

BeHealth Solutions does not claim ownership of any of your Registration Information or User Information (collectively, “Personal Information”). Although we reserve the right to review and monitor any of your Personal Information, we typically simply store your Personal Information on our servers and computer networks or those of our business partners, suppliers or hosting services providers. BeHealth Solutions will only use your Personal Information as is reasonably necessary for: (a) the operation and maintenance of the Services, including providing support and maintenance services to you; (b) contacting you with information relating to the Services or your Subscription; and (c) conducting research and measurement activities. We are committed to protecting your privacy and we will not sell or lease your Personal Information to any third party. We will not require you to disclose more information than is reasonably necessary to effectively utilize the Services as a condition of participation as required for use of the foregoing.

Except as described in this Privacy Policy, including Section 3 below, we will not disclose your Personal Information outside of the Company and its affiliates without your consent. We may publish or otherwise share aggregated User Information including, without limitation, data from research and measurement activities and demographic and statistical information, with our business partners and other third parties. This aggregated User Information is not linked to any Personal Information that can identify any individual person.

  1. Sharing Your Personal Information With Third Parties

Although we will make all reasonable efforts to preserve your privacy, we may disclose your Personal Information:

(a) to our business partners and agents, such as financial institutions, e-commerce providers, suppliers, delivery services, parties providing hosting services, and web and technical support providers, as is necessary or required in connection with the operation, maintenance and support of the Services, in which case we will request that such third parties maintain the confidentiality of your Personal Information in accordance with the terms of this Privacy Policy;

(b) to comply with any legal requirements or court orders, to defend any legal or administrative proceedings, or as we believe in good faith is necessary to comply with any laws or legal requirements;

(c) to protect any individual’s personal safety in an emergency situation;

(d) to protect or defend our rights or property (including enforcement of our rights under the Terms of Use);

(e) in connection with the sale of the equity or any of the assets of the Company, in which case we will require the buyer to maintain the confidentiality of Personal Information in accordance with the terms of this Privacy Policy;

(f) to a health care organization or health care professional who has referred you to SHUTiTM, or through whom you purchased a Subscription to SHUTiTM (whether directly or through an online storefront that contains their branding), or whose purchase code or coupon code you enter when buying SHUTiTM. In this case, the use of your Personal Information by any such third party shall be subject to the terms of the privacy statement issued by that third party, and we are not responsible for such use; and

(g) to an organization that is providing your Subscription to you for purposes of conducting research and measurement activities or as part of a health, wellness, or insurance program or service. In this case, the use of your Personal Information by any such organization shall be subject to the terms of the privacy statement issued by that organization, and we are not responsible for such use.

  1. E-mail Communications.

From time to time, we may e-mail you news bulletins, information on technical service issues, or information relating to the Services, and/or your Subscription.  You consent to the delivery of such communications by e-mail to the e-mail address(es) that you provide to the Company when establishing your User Account.  You may opt-out of our e-mail communications at anytime by updating your profile.

  1. Clickstream Data; and Cookies.

In addition to the Personal Information that you supply to us, we may collect, store and use certain, anonymous information known as “Clickstream Data” as you access and navigate the Website and the Services.  We use this information to gain a better understanding of how people use the Website and the Services, to analyze data for trends and statistics, to help diagnose problems with our servers and computer networks, and to enhance the performance of the Website, the Software and the Services.  The Clickstream Data that we may collect, store and use includes the IP address of your computer (automatically assigned by your Internet Service Provider whenever you log onto the Internet), the Internet address of the site from which you linked to the Website or the Services (known as the referring URL), the date and time you access to the Website or the Services, what pages of the Website or the Services you visit and when, and the type of browser you use.  Clickstream Data is not personally identifiable and we do not link this information to personally identifiable data, or any of your Personal Information.

 We also may use session cookies, which are small text files placed on your browser that maintain information from page to page as you navigate the Website or the Services.  Session cookies are automatically deleted when you close your browser.  If you do not want session cookies stored on your computer you might be able to adjust your browser settings to refuse all cookies, including sessions cookies, although this may prevent you from using certain features of the Website and the Services.

  1. Third Party Sites.

The Website and the Services may contain links to other websites that are run by third parties.  Once you have clicked on a link or button activator connecting you to such third-party website, you will leave the Website or the Services and be taken to a website that we do not control.  This Privacy Policy does not apply to any third party sites.  We are NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED SITES AND MAKE NO REPRESENTATIONS REGARDING THE CONTENT OR ACCURACY OF MATERIALS ON SUCH SITES.  We suggest you read the privacy statement of any third-party website before providing any personally identifiable data on that site.  We are not responsible for any use by any person or entity of any information that you may provide while accessing or using any third-party website.

  1. Access to and Change of Personal Information.

You have the right to contact us at any time to: (a) request the removal of any Personal Information that you provided to us from our servers and computer networks; and (b) update your Personal Information.  Please use the Company contact information provided below in Section 10. Removal, or refusal to allow further collection or use of, Personal Information may substantially reduce the effectiveness and usability of the Website and the Services.  If any Personal Information is removed from our servers or computer networks, third parties who had access to such Personal Information prior to its removal may have retained some or all of such Personal Information.  We are not responsible for the retention or use by third parties of any of your Personal Information at any time, including following its removal from our servers or computer networks.

  1. Children’s Privacy.

The Website and the Services are designed and intended for use only by individuals who are at least eighteen (18) years old.  We are committed to protecting the privacy of children and we do not collect any personally identifiable information from children we actually know are under the age of 13.  To ensure compliance with the Children’s Online Privacy Protection Act (COPPA), we will not intentionally or knowingly collect any personal information from any individual who is not at least eighteen (18) years old.

We have implemented reasonable physical measures and administrative procedures to safeguard against unauthorized access and help prevent the loss, misuse or alteration of your Personal Information in accordance with the terms of this Privacy Policy.  However, we cannot guarantee that the security measures we implement in connection with the operation of the Services will absolutely prevent others from accessing or acquiring any of your Personal Information.

  1. Contacting BeHealth Solutions.

A “Contact Us” link is provided on most pages of the Website.  Please click on this link to send an e-mail to BeHealth Solutions and we will work to ensure your query is passed on to and answered by the appropriate person in a timely manner.  Please be aware that e-mail you send us is not necessarily secure against interception.  If your communication pertains to sensitive information then you should contact us via regular mail or telephone. If you have any questions about this Privacy Policy or the practices of BeHealth Solutions, you can contact us as follows:

By mail:                         Privacy Officer, BeHealth Solutions, LLC, 375 Greenbrier Drive, Suite 100, Charlottesville, VA 22901

By e-mail:                 

By telephone:                     434-422-9090