Washington Consumer Health Data Privacy Policy

This notice supplements the Lovehoney Privacy Policy and applies to personal data defined as “consumer health data” subject to the Washington My Health My Data Act (MHMDA).

Consumer Health Data We Collect (categories)

As described in the Collection of Your Personal Information and How We Use It section of the privacy policy, the data we collect depends on how you interact with us, the services you use, and the choices you make. Because consumer health data is defined very broadly, some of the categories of data we collect are or could be considered consumer health data under MHMDA.

Such data may also be categorized as follows:

  • Information about your health-related conditions. For example, we may collect such information if you choose to submit information about your sexual health to our Lovehoney forum.
  • Measurements of bodily functions, vital signs, or characteristics, including photographs, which may also be considered biometric information under the MHMDA.
  • Information that could identify your attempt to seek health care services or information, including services that allow you to assess, measure, improve, or learn about your or another person’s health. For example, we collect information about the articles you read on our website, which may include articles concerning wellness, sexual health, or other health-related topics.
  • Other information that may be used to infer or derive data related to the above or other health information.

Sources of Consumer Health Data

As described further in the How We Obtain Your Personal Information section of the privacy policy, we collect personal data (which may include consumer health data) directly from you, from your interactions with our products and services, from third parties, and from publicly available sources.

Why We Collect and Use Consumer Health Data

We collect and use consumer health data for the purposes described in the Collection of Your Personal Information and How We Use It section of the privacy policy. Primarily, we collect and use consumer health data as reasonably necessary to provide you with the products you have requested or authorized. This may include delivering and operating the products and their features, personalization of certain product features, ensuring the secure and reliable operation of the products and the systems that support them, troubleshooting and improving the products, and other essential business operations that support the provision of the products (such as analyzing our performance, meeting our legal obligations, developing our workforce, and conducting research and development).

We may use consumer health data for other purposes for which we give you choices and/or obtain your consent as required by law – for example, for advertising or marketing purposes. See the Marketing section of the privacy policy and the How to Exercise Your Rights section below for more details on the controls and choices you may have.

Our Sharing of Consumer Health Data

We may share each of the categories of consumer health data described above for the purposes described in the How Will We Share Your Data section of the privacy policy. In particular, we may share personal data, including consumer health data, with your consent or as reasonably necessary to complete any transaction or provide any product you have requested or authorized, as described in the previous section above.

For example, we share your content with third parties when you tell us to do so, such as when you make a post on the Lovehoney forum or interact with our customer support team. If you make a purchase, we will share information about the transaction as necessary to process the payment, including protection against fraud. And we may disclose data when we believe that doing so is necessary to comply with applicable law or respond to valid legal process.

Third Parties with Which We Share Consumer Health Data

As necessary for the purposes described above, we share consumer health data with the following categories of third parties:

  • Service providers. Vendors or agents (“processors”) working on our behalf may access consumer health data for the purposes described above. For example, companies we’ve hired to provide customer service support or assist in protecting and securing our systems and services may need access to data to provide those functions.
  • Business partners. We may share consumer health data with other companies, for example, where you use a service that is cobranded and jointly operated with another company, or where you use our services to interact with another company.
  • Parties to a corporate transaction. We may disclose consumer health data as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets.
  • Affiliates. We enable access to data across our subsidiaries, affiliates, and related companies, for example, where we share common data systems or where access helps us to provide our services and operate our business. Those companies are Lovehoney LLC, Lovehoney Canada Inc., Lovehoney Limited, and Lovehoney Australia Pty Ltd.
  • Government agencies. In very rare cases, we will disclose consumer health data to law enforcement or other government agencies when we believe doing so is necessary to comply with applicable law or respond to valid legal process.
  • Other third parties. In certain circumstances, it may be necessary to provide data to other third parties, for example, to comply with the law or to protect our rights or those of our customers.
  • Other users and individuals. If you use our services to interact with other users of the service or other recipients of communications, we will share data, including consumer health data, as directed by you and your interactions.
  • The public. You may select options available through our services to publicly display and disclose certain information, such as your profile, demographic data, content and files, or geolocation data, which may include consumer health data.

How to Exercise Your Rights

MHMDA provides certain rights with respect to consumer health data, including rights to access, delete, or withdraw consent relating to such data, subject to certain exceptions. You can request to exercise such rights using the various tools and mechanisms described in the Exercising Your Rights section of the privacy policy.

If your request to exercise a right under the MHMDA is denied, you may appeal that decision by contacting our legal department via legal@lovehoneygroup.com. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Washington Attorney General at https://www.atg.wa.gov/file-complaint.