01Summary
We designed FLX Time so that health-related information stays on your device. We do not sell it — ever, to anyone, for any price. Nothing health-related leaves your device unless you specifically and separately turn it on.
1. We will never sell consumer health data. Washington law requires written authorization for any such sale; we will not seek one, because we will not do it.
2. Health-related data is processed on your device by default and is not transmitted to us.
3. Every transmission of health-related data requires a separate, specific opt-in that you can withdraw at any time.
02Who this applies to
This policy applies to every user of FLX Time. It exists because Washington State and Nevada regulate "consumer health data" broadly, and we would rather apply one clear standard to everyone than a different standard depending on where you happen to live.
If you are a Washington resident, or your data is collected in Washington, the My Health My Data Act gives you the rights described in section 8, and a private right of action if we fail to honor them. If you are a Nevada resident, Nevada SB 370 gives you comparable protections enforced by the Nevada Attorney General.
03What we treat as consumer health data
Washington defines consumer health data expansively, including information that identifies past, present, or future physical or mental health status, and information derived or extrapolated from data that is not itself health information.
Taking a deliberately cautious view of that definition, we treat the following as consumer health data when it exists in FLX Time:
| Category | Specific data | Where it lives |
|---|---|---|
| Nutrition | Calories, macronutrients, meal entries and their dates, from a file you export from a nutrition service and import yourself | Your device only |
| Exercise | Workout type, duration, and date, where you record or import it | Your device only |
| Custom trackers | Any metric you create yourself that may relate to health — sleep, mood, symptoms, medication timing, or anything else you choose to log | Your device only |
| Inferred status | Because FLX Time is designed with attention and executive function in mind, the fact that you use it could be argued to imply something about you. We treat that inference as health data too. | Your device only |
A custom tracker is a free-text feature. If you use it to record medications, symptoms, or a diagnosis, that information is health data and we treat it as such — but it also means you should think about what you put there, the same as with any note on your phone. It is protected by your device's passcode and encryption, and by nothing we control.
04How it is collected
All of it comes from you, directly, by an action you take:
- You type it into a custom tracker or a block note.
- You export a file from a nutrition service and choose that file in a file picker.
- You connect a service and approve the permission screen it shows you.
We do not derive health data from your device sensors. We do not read Apple Health. We do not purchase health data from data brokers, and we do not obtain it from any source other than you.
We do not use geofencing around health care facilities or anywhere else. FLX Time does not request or use your location at all.
05How it is used
Consumer health data in FLX Time is used for exactly one purpose: to show it to you, in the app, alongside your schedule, so that you can see your own information in one place. That is the entire purpose.
It is not used to:
- Target advertising — the app contains no advertising of any kind
- Build a profile of you, or segment you into an audience
- Produce analytics or product metrics, even in aggregated or de-identified form
- Train any machine learning model, ours or anyone else's
- Make any decision about you, automated or otherwise
06Sharing — and what we never do
We do not sell consumer health data
Under RCW 19.373, selling consumer health data requires a signed written authorization from you. We will never ask you for one. We do not sell, license, rent, or otherwise make consumer health data available to anyone in exchange for anything of value. There is no exception to this and no circumstance in which we would.
We do not disclose it by default
Consumer health data is not transmitted off your device in the ordinary operation of the app. We do not receive it, so we cannot share it.
The one exception, which is yours to make
If you separately and specifically enable health-related categories as context for the AI assistant, then the data in those categories is transmitted to Anthropic, PBC along with your message, solely so the assistant can answer you. This is:
- Off by default. Enabling the assistant does not enable it.
- A separate toggle from other assistant context. It is not bundled into a general consent.
- Reversible at any time, taking effect on the next message.
- Sent under terms that prohibit training models on it.
Anthropic is a processor acting on our instructions for this purpose. It is not a sale, and the data is not shared with anyone else.
Never stored in the cloud
Consumer health data is excluded from any cloud synchronization or backup we offer, now or in the future. If we add cross-device sync, health-related data will be held in a separate, device-local store that is not synced and is excluded from device backup.
07Consent
Where the law requires consent to collect, process, or share consumer health data beyond what is necessary to provide what you asked for, we obtain it as prior, express, opt-in consent, and we follow these rules:
- Separate. Each health-related permission is its own decision. We do not bundle them together or fold them into accepting the Terms.
- Specific. The consent screen names the data category and the recipient.
- Unambiguous. Nothing is pre-checked. Declining is as easy and as visually prominent as accepting.
- Separate for sharing. Consent to collect is not consent to share. Sharing requires its own opt-in.
- Freely given. Declining does not reduce, degrade, or lock any other part of FLX Time. The app is fully functional with every health feature off.
- Withdrawable. Every consent can be withdrawn in Settings at any time.
08Your rights and how to use them
You have the right to confirm whether we collect, share, or sell your consumer health data; to access it, including a list of all third parties with whom it has been shared; to withdraw consent; and to have it deleted.
The fast way
Because this data is on your device, you do not need our cooperation and you do not need to wait:
| Right | How | How long it takes |
|---|---|---|
| Confirm and access | Open the app. All of it is visible to you there. | Immediate |
| Withdraw consent | Settings → turn the toggle off | Immediate |
| Delete | Settings → Erase all data, or delete the app | Immediate and permanent |
The formal way
If you would rather make a formal request, or you want written confirmation, email privacy@flxcreate.com with "Health Data Request" in the subject line. We will respond within 45 days. If we need more time we will tell you why within that period and may extend it once by a further 45 days.
We do not charge for these requests and we will not treat you differently for making one.
Because we hold no copy of your data, our answer to an access request will usually be that we hold nothing — which we will confirm to you in writing.
09How to appeal
If we decline a request, we will tell you why and explain how to appeal. To appeal, reply to our response or email privacy@flxcreate.com with "Appeal" in the subject line. We will review and respond within 45 days.
If we deny the appeal, we will give you a written explanation and a link for submitting a complaint to your state Attorney General. Washington residents may contact the Washington State Attorney General at atg.wa.gov/file-complaint. Nevada residents may contact the Nevada Attorney General at ag.nv.gov.
10Retention and deletion
Consumer health data is retained on your device for as long as you keep it there, and no longer. We set no retention period because we hold no copy.
When you delete it, it is gone — from the app's storage and from the device. We cannot recover it, and neither can anyone else.
Where health-related content has been sent to Anthropic at your direction, it is retained by Anthropic for a limited period under its terms and then deleted. If you ask us to delete health data we hold, we will also direct any processor holding it to delete it.
11Changes
If we change this policy in a way that affects how consumer health data is collected, used, or shared, we will update the effective date, notify you inside the app before the change takes effect, and obtain fresh consent rather than relying on consent you gave for a narrower purpose.
12Contact
FLX Create LLC
Attn: Consumer Health Data
[BUSINESS ADDRESS]
Los Angeles, California, USA
Email: privacy@flxcreate.com
Phone: [BUSINESS PHONE]