Nutrisense Privacy Policy
This Privacy Policy applies to Nutrisense, Inc. (“we,” “us” or “our”) and to our products and services, including www.nutrisense.io as well as any other website that we may operate (collectively and together with any subdomains and the content and services therein, the “Site”), our mobile app (the “App”), features, or services we own or operate and/or that links to this Privacy Policy (all of the foregoing being collectively referred to in this Privacy Policy as the “Nutrisense Platform”). 
The Nutrisense Platform provides users with access to an interactive application and website that allows users online access to personalized wellness information. Nutrisense is a technology company that provides the Nutrisense Platform which enables individuals to connect with licensed dietitians and nutritionists (collectively referred to herein as “Providers).  Â
This Policy applies to our collection, use and disclosure of Personal Information.  Nutrisense understands that your privacy is important to you, and we work hard to earn and keep your trust.  This Privacy Policy (“Policy”) applies to your use of the Nutrisense Platform, and we encourage you to read the entire Privacy Policy to understand what Personal Information we collect and how we use your Personal Information.  The Nutrisense Platform and services and functionalities provided on the Nutrisense Platform (collectively, the “Service(s)”) are governed by this Privacy Policy and by our Terms of Service (“Terms”).
Consent and Modification
We encourage you to read this Policy carefully and to review it periodically, as your use of our Services constitutes consent to this Policy. We will periodically update this Policy, and any changes will be reflected here. If the changes are significant, we may provide a more prominent notice, and at our discretion may contact you directly with information on the same. If you do not agree with the practices described in this Policy, you should not use our Services or otherwise interact with Nutrisense. 
If you have any questions about this Policy or how we use your Personal Information or other data, please contact us at [email protected]. 
What Information We Collect and How We Collect It
We collect the following categories of Personal Information in connection with the Services:
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We obtain the categories of Personal Information listed above from the following categories of sources:
  Directly from you. For example, when you:Â
- register for our Services, or complete one of our questionnaires;
- provide information via our App or Site; Â
- upload test results to Nutrisense; orÂ
- communicate with Nutrisense, such as when you correspond with a nutrition coach or customer support.
  Indirectly from you. For example, through inferences, we make from information we collect from you while providing our Services to you.
  Directly and indirectly from activity on our App.  For example, from App usage details that are collected automatically.
 Third-party resellers.  Our Services are sold by us and also by third-party resellers.  Those third-party resellers may share your Personal Information with us.
  Integrations permitted by you.  For example, if you enable integration with Apple Health or Google Fit, we will have access to such data as shared by those apps.
The information that you provide in each case will vary. In some cases, you may be able to provide Personal Information directly via email or free text boxes in our App. When providing your Personal Information, please provide only relevant information and do not provide unnecessary sensitive information, such as Social Security numbers, credit card information, or other sensitive data, unless required for our Services. If you provide any additional Personal Information beyond what we require, such as in your communications with us, doing so is entirely your choice and at your own risk. We may retain the Personal Information that you choose to provide in those instances.
We also automatically collect certain data about you when you visit our Site or use our Services. This data may include your IP address, the time and date of your visit, your location, the pages and other content that you access, and the number of times you return to the Site. Collection may be performed either by our own software and tools or through our integrations with technology provided by third parties. We collect this information by using technologies such as: 
Log Files: A log file is a text file that resides on our servers and which records pertinent information about your interactions with our Services at the time of access. Log file data is used primarily for diagnostic and auditing purposes. 
Cookies: A cookie is a small data file that resides on your device and allows us to recognize you as a user when you return using the same device or web browser. Cookie data is used to customize your experience when you use our Site. You can configure your web browser to warn you each time a cookie is being sent or to refuse cookies altogether. However, if you opt to refuse cookies created by our Site, you accept that your ability to use our Services may be impaired or limited, up to and including loss of access to certain Services, until such time as you accept these cookies.
If our systems detect that you are accessing the Site from California, you will automatically see a banner which lets you accept all non-essential cookies, reject all non-essential cookies (that is, opt-out of sharing), or customize cookies by category.
Embedded Scripts: An embedded script is programming code (particularly JavaScript) that collects information about your interactions with our Site. The code is temporarily downloaded onto your device, from our server or a third-party service provider, and is deactivated or deleted when you disconnect from our Site. You can configure your web browser to disable the use of embedded scripts. However, if you opt to disable embedded scripts that we incorporate into our Site, you accept that your ability to use our Services may be impaired or limited, up to and including loss of access to certain Services, until such time as you enable these embedded scripts.
Pixels: Our website uses tracking pixels to collect information about your interactions with our site and emails. This technology helps us gather data such as your IP address, browser type, and visit details to analyze site usage, personalize your experience, and enhance our marketing efforts. Information collected through tracking pixels is used to optimize our advertising campaigns and improve the content provided to you.
We may also use other technologies that collect similar information for security and fraud detection purposes.  
Use of Information
We use the Personal Information and other data that you provide primarily as necessary to provide our Services, including, but not limited to:Â
- providing you with a personalized experience when you use our App;
- facilitating consultation with a nutritionist;
- scheduling appointments, calls, or other services;
- contacting you with information and notices related to our Services;
- providing you with effective customer service;
- contacting you with special offers and other information we believe will be of interest to you;
- better understanding your needs and interests;
- security, credit, or fraud prevention purposes;
- enabling or implementing multi-factor authentication;
- improving the content, functionality, and usability of the App;
- improving our Services;
- contributing to research in the field of metabolic health;
- improving our marketing and promotional efforts; and
- any other purpose identified the Terms, in an applicable privacy notice, click-through agreement, or other agreement or communication between you and us.
We will use and retain your Personal Information for as long as necessary to provide our Services and otherwise for our legitimate business purposes, subject, as required by applicable law, to your directions to us regarding your privacy preferences. 
We may aggregate or otherwise anonymize the data we collect for purposes of analytics, research, marketing, and other legitimate business interests.  Personal Information or information that can identify you as an individual or reasonably be used to identify you will not be disclosed in any such aggregated or anonymized data set. 
Sharing Information
We share your Personal Information as necessary to provide the Services, including with employees, contractors, our nutrition coaches. 
We also share your Personal Information with third-party vendors who provide services that are necessary for the intended use of our Services.  A current list (subject to change) of such third-party vendors is as follows:
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When you grant us permission to do so, we will share your Personal Information with third parties to support your wellness efforts.  As an example, if you work with a private nutritionist service with whom we have a relationship, we can make a feed of your CGM data and other Personal Information available to such third party.
In connection with any clinical research or clinical research trial in which Nutrisense is participating or otherwise facilitating, your Personal Information may be shared with any sponsor or principal investigator of such clinical research or clinical research trial.  
We will not otherwise disclose your Personal Information to any third party except as necessary for a legitimate use as described in this Policy; in connection with a bona fide legal dispute (where the information is relevant and in response to a valid, compulsory legal process); to protect the rights, safety, and property of Nutrisense, our users, or others; to detect, prevent, or otherwise address fraud, security, or technical issues; or as otherwise required by law.
Nutrisense may use or share information that does not constitute “personal information,” “personal data,” or the like under applicable privacy laws, including information that has been deidentified or aggregated in accordance with those laws. Nutrisense will maintain any measures required by law to ensure that such information is not used to reidentify any individual. Because such information is not subject to the restrictions that apply to personal information, Nutrisense may use or disclose it for any purpose not prohibited by applicable law. This may include disclosure to Nutrisense’s parent, subsidiaries, and affiliates; to vendors, service providers, suppliers, and representatives; to customers; or to other businesses, individuals, or government entities. 
In the event of a merger, acquisition, bankruptcy, or other sale or disposition of all or a portion of Nutrisense assets, we may disclose Personal Information to the acquiring party. In that case, the successor’s use of your Personal Information will continue to be subject to this Policy unless a court orders otherwise or the successor provides notice that your Personal Information will be subject to their own privacy policy. If you submit any Personal Information after such a transfer, that information will be subject to the successor’s privacy policy.
Disclaimer of HIPAA Applicability
Nutrisense is not a "covered entity" as defined in the federal medical record privacy statute known as the Health Insurance Portability and Accountability Act of 1996, as amended, and the regulations issued under that law ("HIPAA"). Therefore, even though your personal information may contain information that is the type of information commonly protected under HIPAA, it is generally not subject to any of the protections available to you under HIPAA. HIPAA is inapplicable to Nutrisense's relationship with you.
Notwithstanding the foregoing, there are circumstances where Nutrisense may act as a “business associate” to independent healthcare providers (who could be “covered entities”).  For example, if you are referred to Nutrisense by your independent healthcare provider and that entity provides protected health information to Nutrisense, that information may be subject to a Business Associate Agreement (“BAA”) between such independent healthcare provider and Nutrisense, and Nutrisense will, of course, comply with its obligations under any such BAA.
Your Choices and Accuracy of Your Personal Information
You always have the choice whether or not to provide Personal Information to Nutrisense. As indicated above, some of our Services require you to register an Account but doing so is at your discretion. If you choose not to provide required Personal Information, you can still use any portion of our Services that do not require Personal Information. 
If you provide us with Personal Information, we want to ensure it remains accurate and current. You can use the features available through your Account to modify or remove certain information related to your Account. If you need to correct or update any other part(s) of your Personal Information, you can also submit a change request by filling out this Contact Form. Please include sufficient details so we can make the necessary changes.   
If you are a resident of California or another state with its own privacy law you may have other choices and rights with respect to your Personal Information. Please see our California Privacy Law or Other States’ Privacy Law sections below (as applicable) for more details.
Third-Party WebsitesÂ
Our Services may contain links to, or otherwise allow you to interact with, certain third-party websites, mobile applications, and services not owned or controlled by Nutrisense (each a "Third Party Service"). We are not responsible for the privacy practices or the content of these Third-Party Services, and we encourage you to read the terms and conditions and privacy policy of any such Third-Party Service you choose to use. 
Information Security
Nutrisense uses commercially reasonable security and backup measures to protect the information submitted to us. These measures are designed to comply with applicable law and industry standards.  No method of transmission over the Internet or method of electronic storage and security is 100% secure, though. While we strive to protect your Personal Information, we cannot guarantee its absolute security. We encourage our users to retain copies of uploaded information on their own systems, to adhere to all corporate security policies or guidelines pertinent to your situation, and to practice personal digital security habits. If we become aware of a data breach that compromises your Personal Information, we will notify you as required by applicable law.
Children’s Privacy
The Site and Services are not directed to nor intended for children under the age of 18 and we do not knowingly collect any Personal Information from children under the age of 18 without parental consent. If we learn that a child under the age of 18 has provided us with Personal Information, or that such Personal Information has otherwise been inadvertently collected, we will delete it in accordance with applicable law.  
California Privacy Laws
California residents have additional rights regarding the privacy and disclosure of Personal Information, including, but not limited to a right to request that Nutrisense not sell their Personal Information. Nutrisense does not sell your personally identifiable information, and we use and disclose Personal Information solely in accordance with this Policy. 
California residents are also specifically entitled to exercise the following rights with respect to Personal Information:
- Right to Know. You have the right to request what Personal Information we collect, use, disclose, and/or sell, as applicable.
- Right to Delete. You have the right to request that we delete the Personal Information that we have collected about you. (To be clear, we can delete the data that we store – not data stored by third parties. You’ll need to reach out to those third parties (listed above) for assistance removing your records from their services.)
- Right to Opt-out of the Sale of Personal Information. You have the right to request to be opted-out from the sale of your Personal Information; however, as set forth above, we do not sell Personal Information.
- Right to Correct. You have the right to request correction of inaccurate Personal Information we maintain about you.
- Right to Non-Discrimination. You have the right not to receive discriminatory treatment by us for exercising of the privacy rights described above.
You may also authorize someone to exercise the above rights on your behalf. Additionally, if you have provided us information on your minor child, you may exercise the above rights on behalf of your minor child.
The above rights are subject to our being able to reasonably verify your identity (or the identity of someone exercising these rights on your behalf) and your authority to make these requests by you providing verifiable information such as the following:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected Personal Information, or an authorized representative of such person.
- Describe your request with sufficient detail that allows us to evaluate and respond to it. We cannot respond to your request if we cannot verify your identity or authority to make the request and confirm the Personal Information requested relates to you.
To exercise your rights, submit your request to us via email at [email protected].  
We will respond to authorized and verified requests as soon as practicable and as required by law. In addition, the above rights are subject to various exclusions and exceptions under the law and, under certain circumstances, we may be unable to implement your request. We will advise you of any reason for denying or restricting a request.
California Do Not Track Notice
California law requires that we disclose how we respond to “do not track” signals. At this time, we do not respond to “do not track” signals. 
Other States’ Privacy Laws
Other states are now joining California in adopting their own privacy laws.  Some of these laws do not apply to Nutrisense. But if you reside in a state with such a law that applies to Nutrisense and would like to invoke any right you have under such law, please submit your request to us via email at [email protected]. Please indicate your state of residence so we can properly process your request. We may need to verify your identity and/or state of residence before fulfilling your request.
Consent to Transfer
Nutrisense is operated in the United States. If you are outside of the United States, please be aware that any information we collect will be transferred to and processed in the United States. By using our Services, or otherwise providing us with Personal Information, you understand and consent to this transfer, processing, and storage of your information in the United States, a jurisdiction in which the privacy laws may not be as comprehensive as, or conflict with, those in the country where you reside and/or are a citizen. 
Consumer Health Data Privacy Policy
This Consumer Health Data Privacy Policy applies to the collection, use, and sharing of Consumer Health Data as defined by applicable state law, such as the Washington My Health My Data Act. It does not apply to protected health information governed by HIPAA. The policy supplements our general Privacy Policy, and in case of a conflict, the Consumer Health Data Privacy Policy will control it as long as it complies with applicable state law.
We collect Consumer Health Data from various sources, including information you provide directly, data collected automatically, data we generate from other sources, and information obtained from third parties. This data may include personal details, demographic information, health data, and usage activity. We use this data for purposes such as delivering services, improving products, and communicating marketing offers. We may share your Consumer Health Data with affiliates, service providers, or as required by law. You have rights regarding your Consumer Health Data, including access, correction, deletion, and withdrawal of consent, which can be exercised through our privacy center. Â If you are a Washington resident (or reside in another state with similar laws), you may also have the right to withdraw consent to the collection or sharing of Consumer Health Data at any time.
Questions or Comments
If you have any questions or comments about this Policy, the practices, or use of the Site, please reach out to us by filling out this Contact Form.
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Our mailing address is below:
2810 N Church St #55508Â
Wilmington, DE, 19802-4447
www.nutrisense.io/legal/privacy-policy
Privacy Officer