Privacy Policy

Last Updated and Effective: December 13, 2023
What is this document?

Privacy policies can be dense and inaccessible. Sometimes you just want your question answered quickly without having to navigate pages of text. With this document, we hope to make that easier. We tried our best to make our Privacy Policy as easy to navigate and understand as possible. If you have any questions while reading it, please don’t hesitate to reach out to privacy@regain.us.

For purposes of this Policy and unless otherwise specified, “data” includes information that is linked to one person or household including things like name, email address, phone numbers, device ID, Third Party identifiers, contact information, and communications with Therapists using our digital communication platform (the “Platform”) to provide services (“Therapists”). Some jurisdictions might consider this to be “personal data,” “personally identifiable information,” or “sensitive personal data” in certain circumstances. When you use and access our app or website, you accept and agree to both the Terms and Conditions and this Privacy Policy, including that we’ll share certain data with Service Providers.

Will this document be updated?

We may update this Privacy Policy. When we make significant changes to this Policy, we will notify you through our website or app when you log in to your account. We encourage you to periodically review this page for the latest information.

How to navigate this document

This document is broken into seven sections divided by topic. To navigate to a section, reference the list below which provides examples of the types of questions that will be answered in that section. When you find a section that interests you, just click on it and you’ll be automatically directed there.

SECTION 1Data Collection and Processing
  • What data do we collect, store, and Process?
  • Why do we collect and Process this data?
Go to section
SECTION 2Data Sharing
  • Why do we share your data?
  • How do you use my data to comply with the law?
  • Do we sell your data?
  • Do we share any information between you and your Therapist with Third Party advertisers?
Go to section
SECTION 3Data Retention, Erasure, and Exporting
  • How long do we retain your data?
  • What type of data do we retain and why?
  • How can you request data erasure or a copy of your data?
  • Why do we need to retain your data to comply with the law?
Go to section
SECTION 4Security and Anonymity
  • How do we keep your data secure?
  • How do you best remain anonymous when using BetterHelp?
  • Who can see the conversations with your Therapist?
Go to section
SECTION 5Cookies and Web Beacons
  • What is a cookie or web beacon?
  • What do we use them for?
  • How can you opt in / opt out of them?
Go to section
SECTION 6Additional privacy notices for California, UK, GDPR, and non-US/UK/EU residents
SECTION 1Data Collection and Processing
Do you collect, store, or Process my data?
The categories of data which we are listed below. We Process this data to do things like operate the Platform and make sure you are able to use our services effectively. We may also Process data to send you periodic emails or text messages. In some cases, these communications are to help provide services. Other times, they are to provide marketing communications. You can opt out of receiving texts or marketing communications at any time. Additionally, provided you opt in, we may Process and share some data with for advertising purposes. You can find more details in the relevant sections of this Policy.
What specific data are you Processing and why do you collect it?

What data we Process depends on how you’re using our website, app, or the Platform. We explain in the section below the specific data we collect and Process and, in the section following this, the business purpose for collecting and Processing this data.

As highlighted in the table below, we collect and Process “Therapy Data“, which includes health and treatment information that is required to facilitate therapy.

You can find information on how long we store the data we collect and Process these categories of data in the “How long do you retain my data and how do I request data erasure?” section of this Privacy Policy.

"Visitor Data"
"Onboarding Data"
"Account Data"
"User ID"
"Transaction Data"
"Member Engagement Data"
"Therapy Data"
"Therapy Quality Data"
"Customer Service and Communications Data"
"Therapist Data"
"Therapist Engagement Data"
"Clinical Health Record"

If you’re a Therapist on our Platform, or being recruited to join us, in addition to the above, we may Process Therapist Data, Therapy Quality Data, Therapist Engagement Data, User ID, Onboarding Data, Account Registration Data to:

  • Assist in the Therapist recruitment process and onboard you to the Platform;
  • Operate the Platform, match clients to you based on your preferences, and facilitate the communication between you and your clients;
  • Verify your identity and secure your account;
  • Run background checks and other screening required for credentialing and re-credentialing purposes;
  • To pay you and comply with all relevant tax laws;
  • Provide you quality statistics, feedback from our Regain Clinical Operations team, and feedback from clients.
  • Offer you information about new features, opportunities, perks and other incentives.
  • Promote your profile on Regain and with Third Party websites and directories to get you more clients (to opt-out email Therapists@regain.us).
  • Send you email, calls or SMS reminders, notifications & updates about your application, profile or account.

In addition to processing, we also share some data with in order for us to operate the Platform and to perform necessary website and application functions. Additionally, when you opt into sharing, we share certain data with Third Parties. For more information please see the section: "What are the purposes for sharing my data?"

If you opt in to Advertising (previously “Targeting cookies“) and web beacons we process Visitor Data for advertising purposes: To learn more, see section, "Are you using my data for advertising?".

Do you Process location data?

We process your IP address to determine your rough location so that we can personalize the platform for you. For example, we show you relevant information about our service that applies to visitors from your country.

We also utilize your rough location to improve your user experience when using our platform. For example we auto populate your state (if applicable) and country when you are completing our onboarding questionnaire.

We do not request or process exact location information such as information provided by your phone via GPS.

We Process your address information when you provide it as part of your emergency contact information when you start therapy on the Platform. Your contact information is required to comply with therapy regulations and ethical code. It can be used, for example, in case your Therapist believes you are in immediate danger. When you are filing out this field, we may process your rough location to provide autocomplete suggestions for your convenience.

Rough location using your IP address is also Processed by the ReCAPTCHA security API tool we use. ReCAPTCHA is a Service Provider we use to identify potentially malicious actors trying to access our site. Here is the ReCAPTCHA Privacy Policy and Terms of Service.

To learn about the additional purposes for which we Process IP addresses, please see:

SECTION 2Data Sharing
What are the purposes for sharing my data?

Here’s some more information about the purposes for which we share your data:

  • Your data may be shared to comply with applicable laws. For example, a court might subpoena information from us where we would be required to share certain information requested in the subpoena. This is not unique to Regain and is applicable to in-person therapy as well. Keep in mind that, as a general rule, we defer to your chosen Therapist to decide to produce (or not produce) any psychotherapy notes or messages you have had with them. Many jurisdictions have strict rules governing Therapist/client relationships and the confidentiality requirements associated with that. We encourage you to discuss with your Therapist early on if you have concerns about their disclosure obligations.
  • Occasionally, your data may be handled by a select number of employees who are part of our parent company for support services. These employees are under strict duties of confidentiality. For example, a paralegal at our parent company may receive subpoenas or legal correspondence on behalf of Members or former Members and make sure they are provided to Regain’s Legal team to address.
  • We may share certain data with that provide limited services that help us operate the Platform. Examples include:
    • Data hosting and storage providers: For example, cloud hosting providers such as Amazon Web Services (AWS).
    • Technology Service Providers: For example, we sometimes integrate tools into our Platform which give our Platform more functionality, like technology that helps us provide live audio, video and group meetings.
    • Customer Service Providers: For example, we use a tool that helps keep track of requests and questions from our Members, visitors and Therapists in a secure way. Email management and communication Service Providers: For example, we may use a tool that makes reaching out to you easier for us and more convenient for you.
    • Billing and payment processing Service Providers: For example, we use Stripe to help process payments in a secure way. Stripe also assists us in paying Therapists and issuing tax documents to them. For this purpose, we may share email addresses of Therapists with Stripe and other data that is needed to pay Therapists such as a Therapist’s name and tax ID.
    • Reporting and analytics Service Providers: For example, we might use a service to help us keep track of which pages and features are most used on our site.
    • Advisors and lawyers: To assist with business matters.
    • We may share some of your data with Service Providers to ensure the safety and security of the Platform and that of our users.
  • If you’re a Therapist on our Platform, or being recruited to join us, in addition to the above, we may share certain data with Therapist recruiters in order to facilitate, monitor, and track the recruitment process.
  • For Members who receive services in connection with an employer, organization, or other business partner, we may share group-level usage data, which cannot be directly connected to you, with your organization. In the instance of Members who receive services through an Employee Assistance Program (“EAP”), your EAP will provide notice for any individual-level data which is shared with the EAP, if you are utilizing one and have provided them with consent for us to do so. If you have any questions on how your data will be used by or shared with your EAP, please reach out to your EAP directly.
  • We may share some of your data in connection with an asset sale, merger or bankruptcy.

Note that if you make any information publicly available on the Platform, such as with a public post, anyone may see and use such information.

If you opt in to "Analytics (previously "Performance cookies")", we may use analytics cookies from trusted Service Providers to data for activities including but not limited to analyzing traffic sources, visits, and site interactions. This analysis helps us to improve our products and services.

If you opt in to "Advertising (previously "Targeting cookies")" and web beacons, information regarding your activity on our websites, excluding activity when you’re logged in and have started therapy, may be shared for advertising purposes. To learn more, see section: "Are you using my data for advertising?"

How do you use my data to comply with the law?

When required by law, we cooperate with government agencies. This is not unique to Regain and is applicable to in-person therapy as well. For example, a court might subpoena information from us where we would be required to share certain information requested in the subpoena. Keep in mind that, as a general rule, we defer to your chosen Therapist to decide to produce (or not produce) any psychotherapy notes or messages you have had with them. Many jurisdictions have strict rules governing Therapist/client relationships and the confidentiality requirements associated with that. We encourage you to discuss with your Therapist early on if you have concerns about their disclosure obligations.

You should also be aware that Therapists may be obliged to disclose information to authorities to meet professional and legal responsibilities. Specifically, some laws require mental health professionals to disclose information and/or take action for: (a) reported or suspected abuse; (b) serious suicidal potential; (c) threatened harm; and (d) court-ordered treatment. You should speak with your Therapist if you have concerns about this.

Do you sell my data?

We aren’t paid by anyone for any data. However, in California, the laws define “sale” broadly to include the sharing of personal information in exchange for anything of value. If you opt in to our use of Advertising cookies and web beacons, this use may be considered a “sale” of personal information under that specific California law. For specific information on your data rights as a resident of California, see the additional notice for California residents.

Are you using my data for advertising?

In order to reach people who may be looking for mental health support, we advertise on some web properties such as Third Party websites and apps. In order to minimize advertising costs related to this process and downstream costs to you, we strive to deliver ads that are relevant, interesting, and personal.

Therefore, if you opt in to Advertising cookies and web beacons, your IP address, Third Party identifier (if applicable), hashed User ID (if applicable), and some Visitor Data, excluding activity when you’re logged in and have started therapy, may be shared for advertising purposes. As a result, you may see ads for our services on some Third Party websites.

Even if you do opt in, we still do not engage in “retargeting” advertising. Retargeting advertising is a type of advertising whereby advertisers leverage the fact that you viewed a page or took an action on their site to advertise to you again on third party properties in the hope that you will see the ad and return to their site.

To be clear, we don’t share any data or information you share with your Therapist with any Third Party advertisers. Even if you opt in to Advertising cookies and web beacons, we still don’t share information with Third Party advertisers like Member names, email addresses, phone numbers, clinician diagnosis, questionnaires answers, sessions data, journal entries, messages, worksheets, or any other type of private communication you have with your Therapist on the Platform.

For additional information regarding Third Parties that Regain may share data with, please reference our .

SECTION 3Data Retention, Erasure, and Exporting
How long do you retain my data and how do I request data erasure?

Regain is committed to ensuring that all applicable Member data is retained only for the amount of time required to provide relevant products and services and in accordance with relevant legal requirements.

Certain categories of data are retained for a period of time after you cancel your Membership or your Membership becomes inactive. These categories of data are retained to allow for a seamless reactivation in the event you begin using our services again and allow Therapists to reference historical information. Retaining this data is also needed to ensure our products and services function.

In addition to the data retention schedule outlined below, Regain maintains a process for all Members (regardless of where they live) to receive and process, without undue delay, requests to erase or access their data.

The following sections describe both how long a Member can expect their data to be retained for given specific account information as well as how to request data erasure and access. In this Policy, data erasure is defined as the permanent removal or obfuscation of identifiable data (See "What is this Privacy Policy") so that it is no longer accessible by anyone.

Retention Policy

BetterHelp’s data retention policies are based upon what data is being , whether or not the Member has participated in therapy, and if the Member proactively requested data erasure or if the erasure is triggered due to Platform inactivity.

I am a Member who did not start therapy & did not request data erasure
I am a Member who did start therapy & did not request data erasure
I am a Member who did not start therapy & did request data erasure
I am a Member who did start therapy & did request data erasure
Exercising Your Data Protection Rights:

As stated, you have certain rights under data protection laws, including the right to request that we erase personal data we hold about you, and the right to request a copy of it. The following sections describe how you can exercise those rights.

Requesting Data Erasure:

To request data erasure, please log in to your account and go to Menu > My Account (or Account Settings) > My Personal Information, where you will see a link to request complete erasure of your account. Click that and follow the instructions to begin the data erasure process. You will receive a confirmation email from us within 24 hours of your request.

If you do not have access to your account or are having trouble with this method, you can directly contact Member Success as contact@regain.us and they will assist you with the process. As with the first way, you can expect a confirmation email within 24 hours of your request.

Additionally you can visit our opt out instructions page to request erasure or to opt out of previous settings you have opted into.

You may reach out to us at DPO@regain.us if you need additional help. We will only comply with a request for the erasure of your data if we can verify your identity. There is usually no charge. In exceptional circumstances, we may charge a reasonable fee after discussing the fee with you.

If you reach out to either Member Success or DPO@regain.us, we have specific requirements that must be met in order for us to process your data erasure request.

Requirements:
  • Only you or your authorized representative may make a request on your behalf. You may also make a request on behalf of your minor child depending on the applicable laws.
  • You must provide sufficient information that allows us to reasonably verify your identity or status as an authorized representative.
  • You must provide details that allow us to understand, evaluate, and respond to your request.

If a Member joined the platform via an organization or Employee Assistance Program (“EAP”) then the only way to erase their account will be via contacting Member Success. The Member will not be able to request account erasure from within the Platform.

In some circumstances, legal or regulatory requirements limit our ability to honor erasure requests. As such, we may decline requests for erasure if the information is:

  • Subject to a litigation hold or legal request to preserve it.
  • Necessary to comply with laws and regulations and to maintain business integrity.
    • Clinical Health Record (described above) falls under this exemption.

Additionally, compliance obligations require us to retain records documenting certain interactions you have with us related to your Membership. As such, we cannot honor erasure requests for information contained in records of:

  • Communications about complaints and erasure or access requests.
  • Disclosures of personal data to Third Parties.

If we don’t intend to comply with a request, then we will tell you why this is the case, and outline how we weighed your rights and freedoms against our legal obligations. In such instances, any information retained will only be used for purposes contemplated under the legally recognized exemption.

Requesting a copy of my data

To receive a summary copy of your data, please log in to your account and go to Menu > My Account (or Account settings) > My Personal information, where you will see an option to request a copy of your data. The data you will receive as part of this request includes the contact information that you input on the site, questionnaire answers, worksheet entries, emergency contact information, messages you sent to your Therapist, journal entries that you created, and other personal information.

Additional data which we maintain includes email interactions with our help desk, which is stored on your email system. You may also request this information by writing to DPO@regain.us. As with data erasure, we are not always able to respect your request for data access. For more information on why this may be and how the situation will be handled, please reference the previous section.

SECTION 4Security and Anonymity
How do you keep my data secure?

We apply industry standards and strive to apply best practices to prevent any unauthorized access and disclosure. Internet-based services carry inherent security risks, but our systems infrastructure, encryption technology, operation and processes are all designed, built, and maintained with your security and privacy in mind. Our Platform is certified by HITRUST - one of the most recognized data security certification programs in the health industry.

Regain has an experienced team of data security professionals whose job it is to make sure we use secure technology to protect your data. We have an Information Security team who test internal security at Regain to try and anticipate threat actors and act defensively to build processes and infrastructure to prevent incidents and attacks. We have numerous robust security practices such as:

  • All messages between a Member and their Therapist are secure and have 256-bit encryption.
  • Our servers are distributed across multiple Tier 3 AWS Data Centers for optimal security and protection.
  • Our browsing encryption system (SSL) follows modern best practices.
  • Our databases are encrypted and scrambled rendering them useless in the unlikely event that they are stolen or inappropriately retrieved.
  • We have robust monitoring and alerting systems and procedures in place that include both automated systems and humans. For example, there are always security personnel active in our 24/7 rotation.

For your own security, keep the following in mind:

  • Phishing: This is a type of online identity theft or account hacking. We will never request your login information or credit card information in any non-secure or unsolicited communication. You should always be diligent when you are asked to provide your account information and make sure it is in our secure system.
  • External links: Our Platform may contain links to an external website or service. We do not control external websites, and do not have control over their privacy policies and terms of use. The fact that we link to a website is not an endorsement, authorization, or representation of our affiliation with that external party or of their privacy and security policies or practices.
Can I sign up for Regain and remain anonymous?

When you sign up for an account on Regain, we do not ask you for your full name. You may pick any name or “nickname” which will identify you in the system. You will need to provide an email address so that we can verify your account, and so we can communicate with you. You can choose an email that does not include your name (including if you are coming to us from an employer, organization, or other business partner and do not want to use your organization’s email address), but you should be aware that in some jurisdictions emails may be considered “personal data,” “personally identifiable information,” or “sensitive personal data” in certain circumstances. When you decide to start the therapy process, we’ll ask you for your contact information for emergency situations such as if your Therapist thinks that you or someone else is in immediate danger. Your Therapist may request additional specific information about you as required by their license or other accreditation guidelines.

Even though we try to limit the kinds of information you must provide to us as discussed above, it is very difficult to be truly “anonymous” when you use any app or the internet. Read more about what data we and why here:

If you’re interested in further limiting what data is Processed, visit our opt-out instructions page to opt-out of tracking via cookies or web beacons, or for instructions on how to remove previously set cookies.

Who can see the interactions I have with my Therapist?

You and your Therapist are able to see the messages you send, the worksheets you submit. Your Therapist can also see the journal entries you submit if you opt in to sharing journal entries.

If you consent, a licensed Therapist who is employed as part of the Regain Clinical Operations Team may review correspondence with your Therapist for quality assurance purposes. For example, if you raise a concern about your Therapist, or if we have concerns about a specific Therapist’s clinical care.

In addition, our internal Trust and Safety or Legal teams may review correspondence for specific accounts if we have a reason to believe that there is a security, legal, or fraud issue occurring with that specific account.

Messages with your Therapist are not shared with any , and your live sessions are not recorded. We also do not share when you send a message, or have a session with your Therapist, with any Third Party.

How do you treat data from children?

We don’t knowingly collect or solicit any data or information from anyone under the age of thirteen (13) or knowingly allow such persons to become our users. The Platform is not directed at and not intended to be used by children under the age of thirteen (13). If you’re aware that we have collected personal information from a child under age thirteen (13), please let us know by contacting us, and we’ll delete that information.

SECTION 5Cookies and Web Beacons
What is a cookie or web beacon?

A “cookie“ is a small data file that is accessible within a folder on a computer, and it is used for record-keeping purposes. Cookies are used to enhance performance of the Platform, personalize your experience and can be used for tracking (as described above). For example, cookies may be used to help you quickly log into certain platforms and websites without having to enter your credentials every time.

A “web beacon“ or “pixel” is a tiny and sometimes invisible image or embedded code, placed on a web page or email that can report your visit or use to a Third Party (as described above). In general, these tools can be used to monitor the activity of users for the purpose of web analytics, advertising optimization, or page tagging.

What are you using cookies and web beacons for?

We use our own, and Third Party cookies and web beacons to deliver a faster and safer experience, to monitor and analyze usage, to comply with laws, and for advertising purposes. To read more about the kinds of Third Party cookies we use and their purposes, to update your settings, or to opt out, click "".

How do I opt out of cookies, web beacons, and other tracking technology?

Please visit our opt-out instructions page to opt-out of tracking via cookies or web beacons, or for instructions on how to remove previously set cookies.

How can I stop receiving direct marketing emails from you?

You can always opt out of receiving marketing emails. In order to opt out, you can select the unsubscribe link located at the bottom of the relevant email communication.

SECTION 6Additional privacy notices for California, UK, GDPR, and non-US/UK/EU residents
Additional Privacy Notice for California Residents

This Privacy Notice for California Residents supplements the Regain Privacy Policy to comply with the California Consumer Privacy Act of 2018 ("CCPA") and the California Privacy Rights Act ("CPRA") of 2020.

The CCPA and the CPRA are California laws that provide its residents with certain rights over information about them, including notice about the categories of personal information we have collected from them in the preceding twelve (12) months and the purposes for which the information is used or disclosed, and correction of personal information.

The following Sections outline the data that is by us, as well as the purpose for collection, and the categories of sources of such information:

The data referenced at those links may fall in certain defined categories under the CCPA and CPRA. Accordingly, we may have collected:

  • Identifiers;
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e));
  • Protected classification characteristics under California or federal law;
  • Commercial information;
  • Biometric information;
  • Internet or other similar network activity;
  • Geolocation data;
  • Sensory data;
  • Sensitive Personal Information;
  • Professional or employment-related information; and
  • Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

The information that we have disclosed in the past 12 months and the recipients of the information are described above, in the section titled "What are the purposes for sharing my data?" The information that we may have shared in the past 12 months falls into the following personal information categories under the CCPA and CPRA:

  • Identifiers;
  • Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e));
  • Protected classification characteristics under California or federal law;
  • Commercial information;
  • Internet or other similar network activity;
  • Geolocation data;
  • Sensory data;
  • Sensitive Personal Information; and
  • Professional or employment-related information;
  • Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).

As noted in the Section titled “Do you sell my data?”, our “sale” of information (including sale of information about consumers under the age of 16) consists of the disclosure of your information for targeted advertising purposes, and we aren’t paid by any external or for any data. The information that we may have “sold” (for purposes of the CCPA and CPRA) in the past 12 months falls into the following personal information categories under the CCPA and CPRA:

  • Identifiers;
  • Commercial information; and
  • Internet or other similar network activity.

Do I have the right to know what information you have about me?

Yes, as a California resident you can request certain information about what we have Processed over the past 12 months. Once we receive and verify your consumer request, we can provide:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting that personal information.
  • The categories of Third Parties with whom we shared that personal information.
  • The specific pieces of personal information we collected about you.
  • Whether we disclosed your personal information for a business purpose and the personal information categories that each category of recipient obtained.

We will verify your identity by matching the information you provide with information that we maintain about you or via biometrics (specifically, FaceID via iOS). You also have the right to request that we correct personal information about you if it is found to be inaccurate. To make such a request, please send an email to DPO@regain.us.

Can I “opt out” or request that you delete my information?

Yes, you can request that we delete your data as described in the section of this Policy called: "How do I request my data or delete it?" Once your request is received and verified by matching the information you provide with information that we maintain about you or via biometrics, we’ll move forward with the Process of deleting your information in line with our legal requirements and Retention Policy. We cannot fulfill a deletion request and need to retain your information if the data is necessary to:

  • Provide you services, take actions reasonably anticipated within the context of our ongoing business relationship, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with applicable laws, including but not limited to, the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.) and information covered by the California Confidentiality of Medical Information Act.
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

As noted above, you do not need to opt in to the “sale” of personal information about you by withdrawing your consent to accept cookies used for advertising here. Our websites are also designed to implement a do-not-sell privacy preference.

Other California privacy rights

California’s “Shine the Light” law (Civil Code Section § 1798.83) permits California residents to request certain information regarding our disclosure of personal information to Third Parties for direct marketing purposes. To make such a request, please send an email to DPO@regain.us.

General Data Protection Regulation (GDPR) and UK General Data Protection Regulation Notice

This section provides additional information about our Policy relevant to you if you are from the European Economic Area (the EEA), United Kingdom, and Switzerland (together “European Area Countries”). It supplements and should be read in conjunction with the rest of the Policy. Under the European Area Countries’ privacy laws, we are the Controller with respect to your data.

When is my data used?

  • When it is in our legitimate interests or an external third party’s legitimate interests (“legitimate interest” is a term defined by the General Data Protection Regulation (GDPR) and UK General Data Protection Regulation Notice). Our legitimate interests in this instance include managing the Platform and Regain’s business, safety and security of the infrastructure, prevention of fraud, research, and development, and management of contracts and legal claims.
  • When it is needed for the provision of the Platform. In particular, for product development and internal analytics purposes, and otherwise to improve the safety, security, and performance of the Platform. We only rely on our or an external third party’s legitimate interests to Process your data when these interests are not overridden by your rights and interests.
  • When it is necessary to do so to comply with any legal obligations imposed upon us under our contractual obligations or our contractual obligation or applicable law.
  • In rare instances, when it is a medical emergency, we may use your data to protect your or another’s vital interests if consent is not a reasonable option.
  • When you have consented to the use of your data, for marketing purposes or through the use of cookies and web beacons. Where consent is the legal basis, you have the right to withdraw your consent at any time.

What Lawful Basis for Sensitive Data is Used in the UK and EEA?

Regain may also collect and Process certain categories of personal information, which may be considered “sensitive personal information” in the UK and EEA. The lawful basis for this Processing are (1) health and social care, (2) our establishment, exercise, or defense of a right or legal obligation, (3) substantial public interest, and (4) consent. Where consent is the legal basis, you have the right to withdraw your consent at any time. Sensitive personal information that we Process includes your racial or ethnic origin, religious or philosophical beliefs, and data concerning your health or about your sex life or sexual orientation.

When you begin to use our services and register your account, we ask you to provide answers to a questionnaire to customize the service, to match you with a Therapist, and to provide therapy and related services to you. In providing your responses to the questionnaire you may provide us with “sensitive personal Information” as described above. You may also continue to share such data with us as you receive services. This data is necessary as it allows us to continue providing services to you and customize our services for you. It is also necessary to provide healthcare with a personalized and well-selected Therapist based on points of data which impact your therapy and health care needs. The Therapist also reviews this data and can choose to not work with you if they are not a good fit. We may also use this information to improve our service and understand how you interact with the services.

How we obtain your personal information

Regain obtains the categories of personal information listed above from the following sources:

  • Directly from you, such as information when you apply to be a counselor or that you submit during the Process of using and paying for our Services.
  • Indirectly from you, such as through your actions on our website.
  • From external business partners, such as social media sites, ad networks, and analytics providers.

What are my rights and choices under European Area Countries laws?

European Area Country residents have specific rights regarding their data. This section describes your rights if you are resident in the European Area Countries and explains how to exercise those rights.

  • Subject access request: You may be entitled to ask us for a copy of any data which we hold. We will normally send you a copy within one month of your request. However, that period may be extended by two additional months where necessary, taking into account the complexity of the request or the difficulty in accessing the data that you request. There is usually no charge. In exceptional circumstances, we may charge a reasonable fee after discussing the fee with you.
  • Right to rectification: If the data we hold about you is inaccurate, you may request rectification. The data will be checked, and, where appropriate, inaccuracies will be rectified.
  • Right to erasure: In certain circumstances, you may be entitled to ask us to erase your data.
  • Right to data portability: In certain circumstances, you may wish to move, copy, or transfer the electronic data that we hold about you to another organization.
  • Right to object: You may object to your data being used for direct marketing. You may object to the continued use of your data in any circumstances where we rely upon consent as the legal basis for Processing it. Where we rely upon legitimate interests as the legal basis for Processing your data, you may object to us continuing to Process your data, but you must give us specific reasons for objecting. We will consider the reasons you provide, but if we consider that there are compelling legitimate grounds for us to continue to Process your data, we may continue to do so. In that event, we will let you know the reasons for our decision. In some instances, objecting to certain Processing may impact our ability to provide you with services.
  • Rights related to automated decision-making including profiling: We use limited data to operate the Platform and to carry out certain profiling activities to support and grow our business. When doing so, we rely upon our legitimate interests as the lawful basis for Processing your data, and you may exercise the above rights if you do not wish us to Process your data in this way.

To exercise the rights in relation to your data set out in this section, please contact us at DPO@regain.us.

Is my data transferred internationally?

As a part of our standard business practices, we may transfer your data to organizations based in countries that have not been granted an adequacy decision under the General Data Protection Regulation. Where data is transferred to such countries, we shall ensure that specific safeguards or derogations have been established.

These might include where the data transfer is necessary in order to fulfill a contract between us and yourself, where we have received your specific consent after having made you aware of any risks involved, or where contracts are in place between us and the Third-Parties involved that ensure the recipient organization has a suitable standard of data protection in place.

You can contact our Data Protection Officer with questions, about this Policy, or about your data by writing to:

Attn: Regain UK: Data Protection OfficerAmetros Group LtdLakeside Offices,Thorn Business ParkRotherwas Industrial EstateHereford, HerefordshireEnglandHR2 6JT0330 223 2246dpo@ametrosgroup.comwww.ametrosgroup.com
Attn: Regain EU: Data Protection OfficerAmetros LtdUnit 3DNorth Point HouseNorth Point Business ParkNew Mallow Road, CorkIrelandgdpr@ametrosgroup.comwww.ametrosgroup.com

While we’ll always work with you to resolve any concerns you have about the use of your data, under GDPR you have the right to lodge a complaint with the supervisory authority in your country of residence if you have any concerns about our use of your personal information.

Additional Privacy Notice for non-US, non-UK, and non-EU residents

As a part of our standard business practices, data is transferred outside of many visitors’ countries of residence and predominantly used, accessed and processed within the U.S. Fortunately, given the robust and rigorous nature of privacy laws in the US, UK, and EU with which we comply, BetterHelp considers that this has the effect of protecting user information in a way that, overall, is at least substantially similar or in many ways exceeds non-US data privacy legal requirements. To the extent we contract with vendors who are outside of the U.S, we ensure that specific safeguards have been established to protect that data.