Here's Where You Get Started With ShugaTrak^®

Date of Last Revision: August 10, 2024

Welcome to the websites owned and/or operated by Applivate LLC and its affiliates (collectively, “ShugaTrak,” “we,” “us,” or “our”), including but not limited to ShugaTrak.com, its affiliate sites, subdomains, mobile and touch versions, and any associated applications (collectively, the “Site”). Your use of and access to the Site and any services, software or applications available on the Site is subject to these Terms of Use and our Privacy Policy (http://www.shugatrak.com/about/privacy/ (collectively, these “Terms”). These Terms, which include and incorporate the Privacy Policy, are a legal agreement between you and ShugaTrak^®, and they contain important information on your legal rights, remedies and obligations.

Please read and carefully review these Terms. By accessing, browsing or otherwise using the Site (i) you acknowledge that you have read, understood and are agreeing to be bound by these Terms and that you will comply with all applicable laws, regulations, rules and policies; and (ii) you represent that you are at least thirteen years old and either have the legal capacity to enter a contract in the jurisdiction where you reside, or if you are a minor, you have obtained the consent of your parents or legal guardian and are able and competent to comply with these Terms and grant ShugaTrak^® rights as detailed in these Terms. Those younger than 13 years old may not use this Site. You further agree that your access to and use of the Site are valuable benefits that you receive by agreeing to and complying with these Terms. If you do not agree to these Terms, you may not access, browse or use the Site.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms or the Privacy Policy at any time without further notice. Such revisions are effective immediately after we give notice thereof, which we may do by revising the “Date of Last Revision” date of these Terms or by otherwise posting on the Site, or by email or conventional mail, and/or by any other means which provides reasonable notice. Your continued use of any of the Site after any such changes constitutes your acceptance of the new Terms. If you do not agree to abide by these or any future Terms, do not use or access (or continue to use or access) the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms and to review such changes. You agree that we shall not be liable to you for any delay or other damages that might result from any changes to the Terms, if any. You can contact us with any questions or concerns you may have about these Terms at or via mail at Applivate, LLC, 760 Chapel Street, New Haven, CT 06510.

Certain ShugaTrak^® services and content available on the Site allow you to log and store personal health information such as blood glucose readings (“Your Readings”). ShugaTrak^® complies with applicable provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), including without limitation, the Security and Privacy rules promulgated pursuant to HIPAA. Your privacy is very important to us and we safeguard against unauthorized access to user data and treat such user data as set forth in our Privacy Policy. Subject to our compliance with HIPAA, we may aggregate and de-identify Your Readings and comparable information from other users of the Site for any lawful purpose including, by way of example, for purposes of generating internal reports that may help us evaluate the effectiveness of the Site and make improvements to it, as well as developing a database of de-identified statistical information to be made available to insurers, researchers or health care providers.

When collecting Your Readings using ShugaTrak^® services and content available on the Site, you may designate one or more persons (your “Designee”) to have access to Your Readings via the Site or the ShugaTrak^® application accessible by smartphone or tablet computer. Typically, users designate a family member, guardian, school official or medical professional. Please select your Designee carefully, as your Designee will not be bound by our Privacy Policy and ShugaTrak^® is not responsible for breaches of your personal health information committed by your Designee. You are of course free to have your own agreement with your Designee governing your Designee’s use of Your Readings and related personal health information. Accordingly, we recommend discussing with your Designee in advance what privacy policies, if any, will apply to his/her treatment of Your Readings and personal health information. Keep in mind that Your Readings may be transmitted to your Designee(s) via email, text messaging or comparable means now known or hereafter developed, and that these means of transmission may not be secure. See our disclaimer below under the heading “Warranty Disclaimers” regarding limitations on the security of information transmitted via the Internet or other means of telecommunication.

Your use of ShugaTrak^® services and content available on the Site is not intended to substitute for a physician-patient relationship, and ShugaTrak^® is not responsible for how Your Readings and personal health information is used.

SHUGATRAK^® DOES NOT MONITOR YOUR READINGS ON A REAL TIME BASIS. IN THE EVENT OF A MEDICAL EMERGENCY, CALL 911. BY YOUR USE OF SHUGATRAK^® SERVICES AND CONTENT, YOU ACKNOWLEDGE THAT SHUGATRAK^® IS NOT PROVIDING YOU WITH MEDICAL ADVICE, DIAGNOSES OR OPINIONS, AND PURSUANT TO THE “WARRANTY DISCLAIMERS” SECTION HEREIN, YOU ACKNOWLEDGE THAT BY YOUR ACCEPTANCE OF THESE TERMS, YOU UNCONDITIONALLY WAIVE AND RELEASE ANY CLAIM AGAINST US THAT ANY SHUGATRAK^® PRODUCT, SERVICES AND/OR CONTENT MAY BE CONSIDERED TO INCLUDE MEDICAL ADVICE, DIAGNOSES, OPINIONS, SERVICES OR PRODUCTS. WE SPECIFICALLY DISCLAIM ANY LIABILITY CONCERNING ANY ACTION THAT ANY PERSON MAY TAKE BASED ON ANY INFORMATION AND/OR SERVICES PROVIDED AT THE SITE OR VIA SHUGATRAK^® SERVICES AND CONTENT.

1. Ownership and Restrictions on Use

ShugaTrak^® is the owner or licensee of all content and materials on the Site, including, without limitation, applications, software, videos, images, text, scripts, photos, graphics, animation, audio, audiovisual materials, downloadable materials, applications, and also including the look and feel, design, layout, organization, presentation, user interface, navigation and stylistic conventions of the Site (the “Site Content”), as well as the ShugaTrak.com logo and certain other names, logos or marks displayed on or through the Site that constitute trademarks, trade names, service marks or logos owned or licensed by ShugaTrak^® (the “Marks”), and all other intellectual property rights covering or embodied by the Site Content, including, without limitation, all copyrights, moral rights, trademark rights and patent rights. The Site Content does not include Your Content, as defined herein. You do not acquire any ownership interests in any Site Content by accessing or using the Site or Site Content.

2. System Requirements

To access the Site, you will need a compatible Authorized Device (as defined herein), Internet access, and certain software that may require obtaining updates or upgrades from time to time. Certain features, including collecting Your Readings, will also require use of a glucose meter Bluetooth adapter. Because use of the Site involves hardware, software, and Internet access, your ability to use the Site may be affected by the performance of these elements. You agree that such system requirements, which may change from time to time, are your responsibility. You are responsible for any costs you incur to access the Internet.

3. Your Use and Your Content; License Grant; Right to Monitor and Editorial Control

You may access, browse and use the Site and Site Content only for your personal, non-commercial use. You may log a reasonable number of Your Readings and transmit them to a reasonable number of people. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, any of the Site or Site Content, except as expressly provided herein.

The Site and Site Content allow you to upload and share Your Readings. In addition, the Site and Site Content may allow you to post, upload, transmit or submit certain other materials, content, information or ideas to us through or on the Site (exclusive of Your Readings, “Your Content”). We treat Your Readings and Your Content in accordance with our Privacy Policy (http://www.shugatrak.com/about/privacy/). We do not ask for, nor do we wish to receive, any of Your Content that is confidential, secret or proprietary information through the Site, by e-mail or in any other way.

By providing Your Content to us, you: (i) represent and warrant that Your Content is original to you, that you own or otherwise control all of the rights in Your Content, or that you have the rights necessary to grant to us the license to Your Content granted herein, and that Your Content does not violate any rights, including rights of privacy, of any party and does not otherwise violate the law; (ii) represent that you have no expectation of compensation or confidentiality of any nature with respect to Your Content and that we, our affiliates, our licensors and/or their affiliates may already have projects under consideration or are independently developing projects that are similar to Your Content; (iii) grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, and otherwise use Your Content, for any purpose that we may choose, in our sole discretion, and through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights in Your Content including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); and (iv) shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Site, the Site Content, Your Content or its posting on, or submission to, the Site, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

By providing Your Readings to us, you: (i) represent and warrant that you have the rights necessary to grant to us the license to Your Readings granted herein, and that the granting of such license does not violate any rights, including rights of privacy, of any party and does not otherwise violate the law; (ii) subject to our compliance with HIPAA and all other applicable laws and regulations governing privacy, grant to us and our affiliates a world-wide, non-exclusive, fully paid-up, royalty-free, unrestricted, perpetual, irrevocable, fully transferable, assignable and fully sub-licensable (through multiple tiers) right and license, to copy, reproduce, edit, modify, distribute, transmit, translate, display, perform, publish, sell, adapt, create derivative works from, through any means or media, whether now existing or subsequently developed, and without any compensation to you or any third party, to use Your Readings to (a) provide you with the services available through our Site and Site Content, (b) improve the site, and (c) use Your Readings on an aggregated and anonymized basis for medical research and analysis, as well as the development of data-derived products useful in connection with the provision of medical, health insurance and other information-based services (it being understood that the foregoing shall include the right to exploit any and all intellectual property or proprietary rights derived from such uses of Your Readings including, without limitation, rights protected under applicable copyright, trademark, trade secret, patent and other laws throughout the world); and (iv) to the fullest extent allowed under applicable law, shall indemnify and hold us harmless from and against any and all claims, actions and damages (including, without limitation, court costs, legal fees, accounting fees and amounts paid in settlement) that are related to or result from your use of the Site, the Site Content, Your Readings or its posting on, or submission to, the Site, and/or your violation of these Terms or your representations and warranties hereunder. You will cooperate as fully as reasonably required in the defense of any such claim or action; however, we reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

We cannot be responsible for maintaining Your Content, and we may remove Your Content from the Site at any time, for any and no reason, and without notice to you. While we shall maintain Your Readings in compliance with our Privacy Policy and all applicable laws, we may remove Your Readings from the Site at any time, for any and no reason, and without notice to you. We reserve the right, but do not have an obligation, to monitor and/or review all materials posted to or through the Site and/or Site Content by its users, and we are not responsible for any such materials. However, we further reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms or applicable law. We may also impose limits on access to certain Site Content or restrict your access to part or all of the Site or Site Content without notice or penalty if we believe that you are in breach of these Terms or applicable law, or for any other reason, all without notice or liability.

4. Prohibited Conduct

You warrant and agree that, while accessing or using the Site, you will not:

• reproduce, duplicate, copy, download, stream capture, archive, upload, publish, broadcast, sell, resell, modify, translate, decompile, disassemble, reverse engineer or exploit any portion of the Site or the Site Content unless permitted under these Terms or with the prior written authorization of ShugaTrak^® and any applicable licensors;
• create derivative works of the Site Content, including, without limitation, montages, mash-ups and similar videos, wallpaper, desktop themes, greeting cards or merchandise, unless permitted under these Terms or with the prior written authorization of ShugaTrak^® and any applicable licensors;
• access or attempt to access another user’s account that you are not authorized to access;
• incorporate Site Content into any hardware or software application;
• impersonate any person or entity or misrepresent your affiliation with any other person or entity, whether actual or fictitious, including anyone from the Site, our licensors or anyone otherwise affiliated with us;
• sell, rent, lease, distribute, broadcast, sublicense or otherwise assign any right to the Site Content to any third party;
• remove any proprietary notices or labels on any Site Content;
• use an inappropriate username or screen name;
• insert your own or a third party’s advertising, branding or other promotional content on the Site or into any Site Content;
• obtain or attempt to gain unauthorized access to other computer systems, materials, information or any Site Content available on or through the Site through any means, including through means not intentionally made publicly available or provided through the Site;
• engage in any automatic or unauthorized means of accessing, logging-in or registering on the Site, or obtaining lists of users or other information from or through the Site, including, without limitation, any information residing on any server or database connected to the Site;
• use the Site or Site Content in any manner that could interrupt, damage, disable, overburden or impair the Site, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers;
• use the Site or Site Content in violation of our intellectual property or other proprietary or legal rights or rights of any third party;
• use the Site or Site Content in violation of any applicable law;
• attempt (or encourage or support anyone else’s attempt) to disable, bypass, modify, defeat, circumvent, reverse-engineer, decrypt, or otherwise alter, or interfere with, the Site or the Site Content, including without limitation any security, digital rights management or data encryption components limiting access to Site Content;
• post, transmit, publish or otherwise disseminate through the Site or the Site Content any of Your Content that, as we determine in our sole discretion: (i) is unlawful, harmful, harassing, fraudulent, threatening, abusive, libelous, defamatory, vulgar, obscene, hateful, or racially, ethnically or otherwise objectionable, or infringes our or any third party’s intellectual property or other rights; (ii) is derogatory or harmful to our reputation, the reputation of our licensors, or any of our or their respective officers, members, employees, representatives, licensors and/or suppliers, in any way; (iii) may incite violence or other unlawful activity; or (iv) is harmful to children in any manner.

5. Your Registration and Your User Information

Some of the Site Content may only be available if you create an account. When any of the Site Content or functions on the Site require you to register with us (“Your Registration”) or otherwise provide user information (“Your User Information”), you must complete the registration process by providing us with complete and accurate information. You grant to us and to all other persons and entities involved in the operation of the Site the right to use, store, monitor, retrieve and transmit Your User Information in connection with the operation of the Site, the Site Content and as otherwise provided herein. Our information collection and use policies with respect to the privacy of Your User Information are set forth in our Privacy Policy (http://www.shugatrak.com/about/privacy/), which is incorporated in these Terms by reference for all purposes. You further agree to maintain and update Your User Information as required to keep it accurate, current, and complete. You agree that ShugaTrak^® may store and use Your User Information (including, if provided, your credit card account or other payment account information) to maintain your account and to bill any fees you may incur to your credit card or other payment account.

You are solely responsible for maintaining the confidentiality of Your User Information. You are also solely responsible for any and all activities on the Site that occur under Your Registration or Your User Information. You must notify us immediately of any suspected or actual unauthorized use of Your Registration or Your User Information, and of any and all other security breaches. If you believe your ShugaTrak^® Member ID or/and Password has been lost or stolen, contact ShugaTrak^® Customer Service at or 760 Chapel Street, New Haven, CT 06510.

We reserve the right to terminate Your Registration or to refuse services to you, without prior notice to you, at any time and for any or no reason. Without limiting the foregoing, if you are a repeat copyright infringer, we will, in appropriate circumstances, permanently terminate Your Registration and remove Your Content from the Site. You have the right to cancel Your Registration at any time. You may cancel Your Registration by following the instructions on the Site. Once Your Registration is terminated or allowed to lapse, we may delete Your Readings from our archives and, accordingly, it is likely we will not be able to recover Your Readings once we have deleted them. We reserve the right to maintain an archived copy of Your Readings after Your Registration is terminated or allowed to lapse for any reason, and to use any previously collected copies of Your Readings for any purpose authorized by these Terms, but we have no obligation to in fact maintain an archived copy of Your Readings. If you wish to ensure that a copy of Your Readings is not maintained by us, you may send us a written request to purge Your Readings to Applivate LLC, 760 Chapel Street, New Haven, CT 06510, and we will do so within ninety (90) days of receipt of your request; however, keep in mind that we will be deleting electronic copies, which may nevertheless be retrieved by forensic methods even after they have been deleted. Even if we delete Your Readings, Your Readings will continue to be part of any non-identifiable aggregations of data created on or prior to the date Your Registration is terminated or allowed to lapse. Registrations terminated by us for any type of abuse including, without limitation, a violation of these Terms, may not be reactivated.

6. Submission of Your Ideas and Suggestions

While you are encouraged to share ideas and suggestions through your use of the Site, we wish to avoid any potential misunderstandings or disputes that may arise from the limited use that we or other users of the Site may make of any ideas or suggestions that you choose to share or if our content or business activities seem similar to any such ideas or suggestions. If you submit Your Content that constitutes ideas, suggestions, know-how, concepts, techniques, comments, criticisms or reports or other feedback (“Feedback”), you hereby grant us and our designees a worldwide, non-exclusive, fully paid-up, unrestricted, fully sublicenseable (through multiple tiers), fully transferrable, assignable, royalty-free, perpetual, irrevocable right to copy, use, reproduce, edit, distribute, modify, adapt, create derivative works of, publish, publicly perform, publicly display, transmit, translate and license, digitally perform, make, have made, sell, offer for sale, import or make any other use of Feedback in any and all embodiments, media and means of communication, now known or hereafter developed. You represent and warrant to us that your Feedback is original to you, that you own or otherwise control all of the rights in your Feedback, or that you have the rights necessary to grant to us the license to your Feedback granted herein, and that your Feedback do not violate any rights, including the rights of privacy, of any party and do not otherwise violate the law. Notwithstanding the foregoing, nothing in these Terms shall impose any obligation or requirement on us to proceed with or conclude any agreement or transaction with you concerning any such Feedback. IF YOU DO NOT WISH TO GRANT THE RIGHTS GRANTED IN THIS PARAGRAPH, DO NOT SHARE, SUBMIT OR POST ANY FEEDBACK ON OR THROUGH THE SITE.

7. Termination

We reserve the right to modify, suspend or terminate, in our sole discretion, at any time, temporarily or permanently, for any or no reason and without notice to you, and without any liability to you, any portion of the Site or Site Content. If you fail, or ShugaTrak^® suspects that you have failed, to comply with any of the provisions of these Terms, including but not limited to failure to make payment of any fees due, failure to provide ShugaTrak^® with a valid credit card or other payment account (if applicable), or if Your User Information is inaccurate, failure to safeguard Your User Information, violation of any license to Site Content (including without limitation, the Application), or infringement or other violation of third parties’ rights, ShugaTrak^®, at its sole discretion, without notice to you may: (i) terminate your license to any rented or purchased Site Content, and/or your user account, without refund of any fees, and you will remain liable for all amounts due under your user account up to and including the date of termination; and/or (ii) terminate the streaming license to applicable Site Content; and/or (iii) preclude access to the Site and Site Content (and any part thereof).

ShugaTrak^® reserves the right to modify, suspend, or discontinue the Site and/or access to any Site Content, or any part thereof, at any time and without notice to you, and ShugaTrak^® will not be liable to you should it exercise such rights, even if your use of Site Content is impacted by the change.

8. Objectionable Content

Site Content may include content that you deem offensive, indecent or objectionable. You agree that your use of the Site, including access to such Site Content, is at your sole risk, and ShugaTrak^® shall have no liability to you for content that may be found to be offensive, indecent or objectionable.

9. Links to Third-Party Websites

The Site and Site Content may contain links to websites of third parties, including, without limitation, advertisements of third party products and services and “buy” links to third party vendors or retailers to purchase products or services featured on the Site and Site Content. If you use these links, you will leave the Site. These third parties and their websites are not under our control. We do not examine or evaluate these websites and we are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse, or otherwise make any representation about them or their owners or operators, and do not assume any related responsibility or liability. You should exercise your own judgment in evaluating and using these websites. When you link to these websites, you become subject to their terms and conditions of use and privacy policies.

10. Linking to the Site

You agree that if you include a link from any website to the Site, such link shall open in a new browser window and shall link to the full version of an HTML-formatted page of the Site. You may not link directly to any Site Content, by, for example and without limitation, “in-line” linking or “deep-linking” methods, or in any manner causing the Site, or any page of the Site, to be “framed,” surrounded or obfuscated by any third-party content, materials or branding. We may, at any time and for any or no reason, require that any link to the Site be discontinued and removed and revoke your right to link to the Site.

11. Warranty Disclaimers

We administer, control and operate the Site from our offices in the State of Connecticut, the United States of America. The Site is accessible world-wide; however, some of its features, functions or Site Content may not be available or appropriate for use outside of the United States and/or may not be available to all persons or in all geographic locations. We make no representation that the Site and Site Content are appropriate or authorized for use in all countries, states, provinces, counties or any other jurisdictions. Your access and use of the Site may not be legal in your jurisdiction. If you choose to access, browse or use the Site, you do so on your own initiative and risk, and you are responsible for compliance with all applicable laws if, and to the full extent that, such laws and restrictions are applicable. We reserve the right to limit, in our sole discretion, the provision of any feature or function of the Site to any person and geographic area. Any offer for any feature or function made on the Site is void where prohibited.

The Site provides information of a general nature only and you are responsible for determining whether it applies to your specific situation. We specifically disclaim any liability concerning any action that any person may take based on any information or guidance provided at the Site.

Some Site Content is provided by the users of the Site. With the exception of the limited license granted in these Terms, we do not obtain or control any rights in, and do not exert editorial control over, such Site Content. We do not independently verify the representations and warranties made by the users with respect to such Site Content.

We do not guarantee the accuracy, timeliness, correctness, completeness, performance or fitness for a particular purpose of the Site or any of Site Content. We are not liable for any errors, omissions, or inaccurate Site Content.

THE SITE AND SITE CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY OR USEFULNESS OF SITE CONTENT AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WHICH ARE EXCLUDED FROM THESE TERMS TO THE EXTENT THAT THEY MAY BE EXCLUDED AS A MATTER OF LAW. YOU ACKNOWLEDGE THAT THE INTERNET AND OTHER MEANS OF TELECOMMUNICATION NOW KNOWN (E.G., TEXT MESSAGING, EMAIL AND WIRELESS TELECOMMUNICATIONS NETWORKS) OR HEREAFTER DEVELOPED ARE INHERENTLY INSECURE AND VULNERABLE TO MIS-USE, UNAUTHORIZED USE, MANIPULATION, INTERCEPTION AND ERROR. WE DO NOT WARRANT THAT THE SITE OR ANY SERVICES OR SOFTWARE PROVIDED IN THE COURSE OF YOUR USE OF THE SITE WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. WE DO NOT WARRANT THAT THE SITE OR SITE CONTENT WILL BE TIMELY, SECURE, UNINTERRUPTED, OR OPERATED FREE OF DELAYS IN TRANSMISSION, FAILURE IN PERFORMANCE, COMPUTER VIRUSES, INACCURACIES, ERRORS, OR DEFECTS. YOU USE THE SITE AT YOUR OWN RISK. WE ALSO ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, BROWSING IN, OR USE OF, THE SITE OR YOUR DOWNLOADING OF THE SITE CONTENT. YOU ARE SOLELY RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY AND SECURITY OF DATA INPUT AND OUTPUT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET USERS’ REQUIREMENTS. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.

YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SITE IS TO TERMINATE YOUR REGISTRATION AND DISCONTINUE ALL USE OF THE SITE.

12. Limitation of Liability

EXCEPT AS SET FORTH HEREIN, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ARISING UNDER ANY OTHER LEGAL OR EQUITABLE THEORY WILL WE BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT ARISE OUT OF OR IN CONNECTION WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE OR SITE CONTENT, OR FOR ANY INFORMATION, SOFTWARE APPLICATIONS, PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THOSE ASPECTS OF THE HEREIN LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE OUR LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL WE BE LIABLE FOR, OR IN CONNECTION WITH, ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, ANY OF YOUR CONTENT). IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED, IN THE AGGREGATE (A) THE AMOUNT, IF ANY, PAID BY YOU TO US FOR YOUR USE OF THE SITE OR FOR ANY OF YOUR ACTIVITIES ON THE SITE DURING THE THREE MONTHS IMMEDIATELY PRECEDING YOUR CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100), WHICHEVER IS GREATER.

13. Notification and Counter-Notification of Claim of Copyright Infringement

We respect the intellectual property rights of others and require our users to do the same.

To notify us of your claim of copyright infringement with respect to any Site Content, please send a written communication to our designated copyright agent: John Fitzpatrick, 760 Chapel Street, New Haven, CT 06510, 203-350-0103, .

Do not contact us using this contact information for anything other than for notifying us of a claim of copyright infringement. For all other inquiries, please contact us at .

Your notice must include the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at the Site are covered by a single notification, a representative sample of such works or a link or URL to such works;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, as well as a link or URL to all such material at the Site;
4. Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Upon receiving a proper notification of copyright infringement as described herein, we will remove or disable access to the allegedly-infringing material and promptly notify the alleged infringer of your claim. We also will advise the alleged infringer of the counter-notification procedure, as described in, and required by, The Digital Millennium Copyright Act of 1998, 17 U.S.C. § 512.

If content you posted on the Site was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications is as follows:

1. To file a counter-notification with us, you must provide our Copyright Agent, at the address set forth herein, with a written communication that sets forth the items specified herein.
2. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) users who are infringers. Accordingly, if you are not sure whether certain material infringes your copyright or the copyrights of others, we suggest that you first contact an attorney.

To expedite our ability to process your counter-notification, please use the following format (including section numbers):

1. Identify the specific URLs of (or other information sufficient to allow us to identify) material that we have removed or to which we have disabled access.
2. Provide your full name, address, telephone number, email address and, if you are a registered user, the user name of your user account.
3. Provide a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which your address is located or, if your address is outside of the U.S.A., the Federal District Court for the District of Connecticut, and that you will accept service of process from the person who provided notification to our Copyright Agent in accordance with the process outlined herein, or an agent of such person.
4. Include the following statement: “I swear, under penalty of perjury, that I have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled.”
5. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted.
6. Send the communication to our designated copyright agent using the contact information provided herein.

After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes any of your personally identifiable information set forth in the counter-notification. By submitting a counter-notification, you consent to having such personally identifiable information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Site. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are not obligated to, reinstate the disputed item(s).

If you reside outside of the United States, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for Users who are infringers. So, if you are not sure whether content you posted on the Site is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgeable in the laws of the United States and the State of Connecticut. If you do wish to file a counter-notice, you should follow the process set forth herein under the heading “Elements of Counter-Notification.”

If you are the owner of any intellectual property other than copyrighted materials (such as, for example, a trademark), or an agent thereof, and believe that any item of content or other materials on the Site infringes upon your rights in such intellectually property, you must submit a notification to us in the same manner as provided herein in respect of notice of alleged copyright infringement, including providing the same information in writing to the designated Copyright Agent set forth herein.

DISCLAIMER: WE ARE NOT YOUR ATTORNEYS, AND THE INFORMATION WE PRESENT HERE IS NOT LEGAL ADVICE. WE PRESENT THIS INFORMATION FOR INFORMATIONAL PURPOSES ONLY.

14. Notices.

ShugaTrak^® may send you notices by sending an email message to the email address listed in Your User Information or by a posting on the Site. Notices shall become effective immediately upon their distribution or posting.

15. Assignment.

You agree that we may assign any of our rights, and/or transfer, sub-contract or delegate any of our obligations, under these Terms. Your agreement to these Terms is personal to you and you may not transfer or assign it to any third party.

16. Governing Law.

The Site and Site Content are controlled and operated by ShugaTrak^® from its offices in the State of Connecticut, the United States of America. You agree to comply with all local, state, federal, and national laws, statutes, ordinances, and regulations that apply to your use of the Site and Site Content. You agree that the laws of the United States of America and the laws of the State of Connecticut, without regard to the principles of conflicts of laws, will govern your use of the Site, these Terms and all matters relating to your access to, and/or use of, the Site, including all disputes between you and ShugaTrak^®. You irrevocably submit to the exclusive jurisdiction of, and venue in, the state and federal courts seated in New Haven County, Connecticut, and the related appellate courts, in any related action or proceeding.

17. Entire Agreement.

These Terms shall be deemed to include all other notices, policies, disclaimers and other terms and conditions contained in the Site and Site Content, including, without limitation, our Privacy Policy, provided, however, that these Terms shall prevail in the event of a conflict with any such other documents. These Terms, including any applicable end user license terms for software applications available from ShugaTrak^® that you may install, constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and us, with respect to your use of the Site and all matters relating to your access to, and/or use of, the Site and Site Content. A printed version of these Terms and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to these Terms to the same extent as other business documents and records originally generated and maintained in printed form.

If any part of these Terms is determined to be invalid or unenforceable under applicable law including, without limitation, the warranty disclaimers and liability limitations stated herein, then the invalid or unenforceable provision(s) will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of these Terms shall continue in full effect.

Any rights not expressly granted in these Terms are reserved to us.

© 2013 – Applivate LLC. All Rights Reserved.

Date of Last Revision: October 24, 2024

Welcome to ShugaTrak.com and the ShugaTrak^® mobile application. This website is operated by Applivate, LLC (we,” “us” or “our”). This Privacy Policy (this “Policy”) explains how we collect, use and protect information that we learn about you as a result of your interaction with us through ShugaTrak.com (the “Site”) and the ShugaTrak^® mobile application (the “Application”, referred to collectively with the Site as the “Services”).

By accessing any part of the Services, you agree to our treatment of information you provide to us, and information we otherwise derive from the operation of this Services, in accordance with this Policy. This Policy is part of the Site Terms of Use (http://www.shugatrak.com/about/tos/) and Application License and Terms of Use (http://www.shugatrak.com/about/apptos/) governing your use of the Site and the Application, which you should read and carefully review. If you do not agree with any part of this Policy, you should not use the Services.

We reserve the right, at our sole discretion, to change, modify, add, or delete portions of the Privacy Policy at any time without further notice. Such revisions are effective immediately after we give notice thereof, which we may do by revising the “Date of Last Revision” date of this Privacy Policy or by otherwise notifying you through the Application, or by email or conventional mail, and/or by any other means which provides reasonable notice. If you do not agree to abide by this Privacy Policy, do not use or access (or continue to use or access) the Services. It is your responsibility to regularly check the Site and the Application to determine if there have been changes to the Privacy Policy and to review such changes. You agree that we shall not be liable to you for any delay or other damages that might result from any changes to this Privacy Policy, if any. You can contact us with any questions or concerns you may have about this Privacy Policy at or via mail at 760 Chapel Street, New Haven, CT 06510.

Children’s Privacy

We encourage parents and guardians to spend time online with their children; however, the Services are not intended for children under 13 years of age unless they are directly supervised by a parent or guardian. We do not knowingly collect personally-identifiable information from users of the Services who are under 13 years of age; if you are under 13 years of age, personally identifiable information about you must be provided to us by your parent or guardian. If you are under 13, do not attempt to register on the Site or the Application or send information about yourself to us. If we learn the person submitting information to us is less than 13 years of age, we will remove that information as soon as possible from our databases. Because we do not knowingly collect any personal information from children under 13, we do not knowingly use or disclose such information to third parties, though we may disclose personal information about children under 13 years of age if that information is provided to us by the parent(s) or guardian(s) of such children. If you are a minor who is at least 13 years of age, you represent to us that you have the permission of a parent or legal guardian to access and use the Services and to provide to us any information provided in the course of your use of the Services.

If you are the parent or guardian of a child less than 13 years of age who has provided us with any personal information, you may contact us at to arrange for that information to be removed from our databases.

The Type of Information We Collect and How We Collect It

By accessing or using the Services, you may provide us with two types of information: (1) personally-identifiable information that you voluntarily choose to disclose to us, such as your name, blood glucose readings, personal health information, address, telephone number, email address, and credit card or other payment account information; and (2) non-personally-identifiable information, which we collect through the use of technologies such as “cookies,” “web beacons” and/or “web logs.” You do not need to submit personally-identifiable information to access certain areas of the Site, but if you do not want to disclose certain personally-identifiable information to us, you will not be able to access some areas of the Site or use the Application.

We collect personally-identifiable information when you create an account through the Services and make changes to your account; when you configure your account to receive transmitted blood glucose readings from a Bluetooth-enabled glucose meter; when you manually enter blood glucose readings into your account, when you configure your meter to receive transmitted blood glucose readings from a glucose meter enabled by Bluetooth or similar technology or a meter equipped with a Bluetooth adaptor or similar device, when you enter personal health information in order to purchase products or services using the Services; subscribe to receive newsletters and/or updates through the Services; participate in chat rooms, forums, polls, surveys, questionnaires or promotions using the Services; post comments, photographs, audio, video, or other content or otherwise use the Services; contact us using links available on the Services; or receive customer or technical support.

In some instances, we may require you to provide your email address and/or other personal information, and/or to create a user name and password in order to access certain Services, such as posting comments and purchasing products. Once you do so, you may provide us with additional information, such as your name, street address, mobile number and other personal information to complete your “profile” or otherwise take full advantage of a particular Application or Site functionality. We may occasionally provide our users with the opportunity to purchase products or services using the Services; if you opt to make such a purchase, we will collect payment and shipping information which we will provide to the third party merchant in order to process and deliver your purchase. This information will be retained for our records, which will enable you to place future purchases without the need to re-enter the information, and it will also be subject to retention by the third party merchant pursuant to such third party merchant’s privacy policy. If we provide links to third party websites to purchase products or services that are featured on the Application from a third party vendor or retailer, such transactions also will be subject to the terms and policies of such other websites. Accordingly, we take no responsibility for the privacy of your information collected by such third party merchants or websites in connection with your purchases using the Application.

We may collect other types of information (known as demographic information) such as your gender and interests. This demographic information may be associated with your personally-identifiable information, but we will not share it with others in a manner that directly associates it with your personally-identifiable information.

HIPAA Compliance; No Medical Relationship

ShugaTrak^® complies with applicable provisions of the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), including without limitation, the Security and Privacy rules promulgated pursuant to HIPAA. Your privacy is very important to us and we safeguard against unauthorized access to user data. Please select your Designee carefully, as your Designee will not be bound by our Privacy Policy and we are not responsible for breaches of your personal health information committed by your Designee. Keep in mind that Your Readings may be transmitted to your Designee(s) via email, text messaging or comparable means now known or hereafter developed, and that these means of transmission may not be secure. See our disclaimer in the Site Terms of Use, under the heading “Warranty Disclaimers,” [insert link] regarding limitations on the security of information transmitted via the Internet or other means of telecommunication.

We utilize the services of third parties (“Business Associates”) to help in the storage and management of your protected health information, or PHI, as that term is defined under HIPAA. All our Business Associates have agreed in writing to comply with HIPAA.

Your use of ShugaTrak^® services and content available on the Site is not intended to substitute for a physician-patient relationship, and ShugaTrak^® is not responsible for any uses of personally-identifiable information by you, your Designee, or other persons. SHUGATRAK^® DOES NOT MONITOR YOUR READINGS ON A REAL TIME BASIS. In the event of a medical emergency, please call 911. ShugaTrak^® is not providing you with medical advice, diagnoses, or opinions through the Services. We specifically disclaim any liability concerning any action that any person may take based on our Services.

How We Use Your Personally-Identifiable Information

Any personally-identifiable information you provide to us that is defined as “Personal Health Information” under HIPAA, including but not limited to blood glucose readings, shall be handled in strict accordance with HIPAA and all applicable laws.

The personally-identifiable information you provide to us will allow us to provide the Services, which may include, sharing this personally-identifiable information with a person you designate to receive such personally-identifiable information (your “Designee”; typically our users designate a parent, relative, school official or medical professional). By designating a Designee, we will, on your request, give your Designee access to your blood glucose readings and other personal health information you have provided to us through the Services to enable your Designee to easily track such information. Please select your Designee carefully, as your Designee will not be bound by this privacy and we are not responsible for breaches of your personal health information committed by your Designee. We recommend asking your Designee disclose in advance to you what privacy policies, if any, will apply to his/her treatment of the personally-identifiable information you choose to make available to your Designee through the Services.

The personally-identifiable information you provide to us also allows us to enable third party merchants to fulfill your product or service order; alert you of new products, features, enhancements or Application upgrades; handle/route your customer service questions or issues; and/or notify you of contests, promotions, or special events and offers. We may also share your personal information with third parties for their direct marketing and promotional purposes, but only with your permission. We may contact you by email with respect to your account. We also use your email address to send messages to you in response to your request to perform an activity in connection with your use of the Services.

When you provide us with personally-identifiable information, you may be asked if you wish to receive news, updates and promotion announcements. If you say yes, we may contact you by email occasionally to inform you of such matters. You are given the opportunity with each email notification to remove yourself from the Services email contact list. We keep track of your interactions with us and may use information relating to your interactions with us to generate information about the popularity of certain of our Services and functionality, including how users of the Services utilize different aspects of the Services and functionality. We may use such data to design, develop and implement additional services and features of the Services.

How We Use Your Non-Personally-Identifiable Information

A “cookie” is a small file stored on your computer by a website to give you and your computer a unique ID. A “web beacon” is a small file stored in a website page to identify when that page has been viewed by a particular visitor, and a “web log” is an aggregation of data about use of a particular website (e.g., number of visitors).

We use “cookies,” “web beacons,” “web logs” and similar technologies that may be developed from time-to-time (now or in the future) to collect information, on an aggregate basis, about how the Services are used. This information may include the date, time and duration of visits to the Site and usage of the Application. The use of these technologies allows us to personalize your use of the Site and the Application and to provide greater convenience each time that you visit. Additionally, advertisements appearing on the Services and managed by third parties, as well as the advertisers themselves, may use these technologies to collect non-personal information when you click on or move your cursor over one advertisements appearing on the Services. You may not realize this information is being collected. Advertisers use this information to monitor the performance of their advertisements. In some cases, we may have access to information collected by these advertisers as a result of your use of the Services, and this information may permit us to identify other sites that you have visited that are also associated such advertisers.

Depending on your browser and related programming configurations you utilize, you may be able to disable, block or otherwise control the use of these technologies (please consult instructions for your web browser). However, if you do so, it is possible that some parts of the Services will not be accessible to you.

Our servers automatically record information that your browser sends whenever you visit the Services. This information includes your Internet Protocol address, your browser type and version, location data, sign-on data for mobile devices used with the Services, and which Services you use and when and how long you use them. We use this information to monitor and analyze how users use the Site and the Application, to provide customer service and to maintain and improve the Site and the Application.

Sharing of Information

On your request, we will give your Designee access to certain personally-identifiable information of your choosing (typically, your blood glucose readings and other personal health information) which you have provided to us through the Services. We may also use your personally-identifiable information to derive analyses of our users in an aggregated, de-identified manner that will be provided to current and prospective partners, advertisers and other third parties. We may disclose and otherwise use, on an anonymous basis, affiliation, position, interests and other non-personally-identifiable information about users.

In addition, we will share the personally-identifiable information we collect from you under the following circumstances:

• Transactions: We share personally-identifiable information with third party merchants if you purchase products or services from such third party merchants using the Application in order for the third party merchants to process and fulfill your purchases.
• Protection of rights: We will share personally-identifiable information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process, such as a court order or subpoena, or a request by law enforcement or governmental authorities, (ii) such action is appropriate to enforce the Terms of Service for the Services, including any investigation of potential violations thereof, (iii) such action is necessary to detect, prevent, or otherwise address fraud, security or technical issues associated with the Services, or (iv) such action is appropriate to protect our rights, property or safety or the rights, property or safety of our employees, users of the Services or others.
• Asset transfers: If we become involved in a merger, acquisition or other transaction involving the sale of some or all of our assets, user information, including personally-identifiable information collected from you through your use of the Services, could be included in the transferred assets. Should such an event occur, we will use reasonable means to notify you, either through email and/or a prominent notice on the Services.
• Bankruptcy: If we become bankrupt, make an assignment of our assets for the benefit of our creditors, or otherwise become insolvent, we may transfer our rights in your personally-identifiable information to others, but in such event the recipient of those rights will be bound by this Privacy Policy.
• Service Providers: We may share your personally-identifiable information with service providers that we engage for the purpose of processing information on our and your behalf. For example, we have partnered with other companies to sell products through the Services, fulfill product orders and process payments. Additionally, we may partner with other companies to process consumer surveys, fulfill prizes, or to process, analyze, and/or store data. While providing services for us, these companies may access your personally-identifiable information. To the extent applicable, we require these entities to comply with this Policy and appropriate confidentiality and security measures.

Choice/Opt-Out

Our Services provide you with the opportunity to affirmatively opt-out of receiving communications from us and our partners at the point where we request information about you. We give you the option to end our use of your information, and to cease receiving or otherwise having access to future communications from us.

Your California Privacy Rights

A California privacy law that went into effect on January 1, 2005, the “Shine the Light” law, allows California residents to obtain a list of third parties to whom a business has disclosed personal information if it shares such information with third parties for their direct marketing purposes. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and by providing a cost-free means to exercise that right.

As stated earlier in this Privacy Policy, personal information submitted at the time of registration or submission may be used for marketing and promotional purposes only with the particular user or visitor’s permission. Whenever a user or visitor to this Site agrees to allow us to collect personal information, we provide that person with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by logging into your account, going to your account settings page, and unchecking the checkbox labeled, “I agree to allow other companies that produce diabetes products and services to contact me for marketing and promotional purposes.”

Because we have a comprehensive privacy policy and provide you with details on how you may opt-in or opt-out of the use of your personal information by third parties for direct marketing purposes, we are not required to provide you with the third party list contemplated under California’s Shine the Light law.

Additional Information You Should Know About Third Parties

This Policy does not cover the information practices of third party websites linked to the Services, including third party merchants offering products and services for sale through the Application. Although we encourage such third parties to adopt and follow their own privacy policies, we are not responsible for their collection and use of your personally-identifiable information. You should refer to the privacy policies and statements of other websites or contact the respective webmasters of those websites to obtain information regarding their information collection, use and disclosure policies.

When you follow a link from the Services to a third party site, or when you post or publish content to a third party site, even originating from the Services, this Policy no longer applies and you will need to read the privacy policy of the other site to learn how your personally-identifiable information will be handled on their website. We are not responsible for any action or policies of any third party in connection with your purchase through or visit to any website through the Services.

The Services may provide message boards, forums and/or chat areas, where our users can exchange ideas and communicate with one another. When you post to any message board, forum or chat area, please be aware that the information you post is publicly available on-line and therefore any information you post, including your user name, is at your own risk as it will be readily available to other users. Individuals under the age of 18 should be especially careful not to provide any personally-identifiable information when participating in any area of the Services where postings are or might become public.

Control of Your Information

You may update or delete your personally-identifiable information or modify certain of your preferences for the Services, including the identity of your Designee and what personally-identifiable information your Designee receives through the Services, by accessing the “My Account” area of the Services. You are responsible for keeping your contact information current and accurate. Please note that when you delete your account, we may retain your old account information for the purpose of internal account management and fraud prevention activities; however, if you ask us to stop using your personally-identifiable information from our records, we will tag your records so that we do not share it with others or use it for our own marketing purposes, though we will continue to use your personally-identifiable information for purposes of internal account management and fraud prevention.

Opting Out of Receiving Communications from Us

If you no longer want to receive our newsletter, emails or other announcements, you may unsubscribe from receiving any or all of these services by replying to the “Unsubscribe” link at the bottom of our emails. Please note that you cannot unsubscribe from certain correspondence from us, including messages relating to your account transactions.

Mediation

You agree that, in the event any dispute or claim arises out of or relating to this Policy that you will attempt in good faith to negotiate a written resolution of the matter directly with us. You agree that if the matter remains unresolved for forty-five (45) days after notification (via certified mail or personal delivery) that a dispute exists, the parties shall join in mediation services in New Haven, Connecticut with a mutually agreed mediator in an attempt to resolve the dispute. The cost of any mediation shall be shared equally by you and us. Should you file any arbitration claims, or any administrative or legal actions without first having attempted to resolve the matter by mediation, then you agree that you will not be entitled to recover attorney’s fees, even if you would otherwise be entitled to them.

Our Security Measures

Protecting your personal information is our priority.

The personally-identifiable information that you provide to us is stored on servers, which are located in secured facilities with restricted access, and protected by protocols and procedures designed to ensure the security of such information. In addition, we restrict access to personally-identifiable information to our employees, independent contractors and agents who need to know this information in order to develop, operate and maintain the Services. All personnel who have access to this information are trained in the maintenance and security of such information.

We use Secure Sockets Layer (SSL) technology or other software that meets or exceeds the protection provided by SSL to encrypt your credit card number so that it cannot be read as the information travels over the Internet when you make purchases of products or services through the Application and through the Site.

Please be aware, however, that no data transmission over the Internet can be guaranteed to be completely secure, and no system of electronic security is impenetrable. For this reason, we cannot ensure or warrant the security of any information that you transmit to us or the security of our Services or databases. You agree to assume all risk in connection with the information transmitted to us or collected by us when you use our Services.

You can help protect your personally-identifiable information by using a combination of letters and numbers in your password, changing your password often, using a secure web browser, and signing off when you are finished with the use of the Services on a shared computer or device. Please remember that you are responsible for maintaining the secrecy of your screen name and password for your account. If you believe that your interaction with us is no longer secure, please notify us of the problem by contacting us at .

International Users

The Services are hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer and to our use of that information in accordance with this policy. When you provide personal data to us or our service providers or vendors, you consent to the processing of your data in the United States as the Services are operated in the United States.

YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS WEBSITE OR THE APPLICATION.

TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISIDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.

How can you contact us?

If you have any questions about our privacy practices or this Policy, please contact us at .

© 2013 – Applivate LLC. All Rights Reserved.

I agree to allow the data collected by ShugaTrak^® to be used for research purposes and to allow it to be shared, after identifying information has been removed, with qualified researchers who wish to conduct statistical analyses of these data. Further, I understand that the de-identified data may be combined with other data sets to increase the power of possible analyses. I also understand that researchers who are given access to the data will be asked to provide assurances that they will not attempt to re-identify any individuals but that there is a small risk that the data may be combined with other sources of information to make identification possible and that, in the unlikely case that an unauthorized and malicious person were to obtain such a combined data set, it may be possible to connect the data to a particular individual.