Participation in your wellness program must be voluntary. This means that there should be no adverse employment consequences or discipline as a result of a participant’s choice to share, limit, or cease sharing any and all end user data with you.
You provide participants with notice of how end user data will be used in your program if it will be shared outside the program, who will have access to it, and whether you will have access to individual or aggregate data.
You limit the End User Data you access from Fitbit to Data that is necessary to provide the program, including any incentives you provide.
Your wellness program must be compliant with all applicable laws including the Americans with Disabilities Act, and must be designed to promote health or prevent disease.
If your wellness program incorporates incentives, Fitbit’s offering must be one component of an overall program which includes other reasonable alternatives, and it must not include penalties for non-participation.