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Last Updated: May 24, 2024

Terms Of Service

Welcome to the Nutrisense nutritional program for individuals wanting to optimize their health which is accessible at nutrisense.io (the “Website”). PLEASE READ THIS TERMS OF SERVICE AGREEMENT (THIS “AGREEMENT”) CAREFULLY. THIS IS A BINDING, CONTRACTUAL AGREEMENT BETWEEN YOU (“YOU” OR “USER”), NUTRISENSE, INC. (THE “COMPANY”, “NUTRISENSE,” A “PRACTICE,” “WE,” “OUR,” OR “US”) AND APPLIES TO ALL INTERNET USERS VISITING, ACCESSING OR BROWSING NUTRISENSE.IO (THE “SITE”) OR USING ANY PROGRAM, PRODUCTS, DEVICES, MATERIALS, SOFTWARE AND/OR OUR MOBILE APPLICATION (The “APP,” and TOGETHER WITH THE WEBSITE, THE “SERVICES”).

Please remember you’re agreeing to all the fine print when you use the Services, so we encourage you to read our Agreement carefully. In addition, please note that these Terms of Service supplement, and should be read alongside, our Telehealth Consent and our Privacy Policy

Nutrisense is a technology company that provides Services to enable individuals to connect with licensed dietitians and other licensed healthcare providers.  Nutrisense also provides health and wellness services.  Nutrisense furnishes non-clinical management services for independent medical practices, including,  depending on your location, SenseMD, P.A., SenseMD KS, Association, SenseMD NJ, P.C, and SenseMD CA, P.C. (each a “Practice”).  The Services offered by Nutrisense provides Users with access to an interactive application that allows for online access to personalized healthcare and wellness services provided directly to Users by Nutrisense or a Practice as appropriate.  In some cases, Nutrisense or a Practice may contract with a third party licensed healthcare provider and companies owned and controlled by licensed clinicians (each a “Provider”) to furnish healthcare and wellness services on behalf of Nutrisense or a Practice, as appropriate.  Please note that medical services provided by a Practice are not available in WV, LA, AL, MS, NC, and VA.

BY CLICKING ON THE “I AGREE,” “REGISTER” or “SIGNUP” BUTTON, THE CHECKBOX NEXT TO A STATEMENT SUCH AS “I AGREE TO THE TERMS OF SERVICE, CONSENT TO TELEHEALTH, AND PRIVACY POLICY,” COMPLETING THE REGISTRATION PROCESS, AND/OR BROWSING THE WEBSITE, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH PROVIDER (OR YOUR PARENT/GUARDIAN IS CONTRACTING AND CONSENTING ON YOUR BEHALF), AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT.

1. Acceptance of this Agreement.

  1. Acceptance Through Using or Accessing the Services.
    Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services and must exit the Website immediately.
  1. Eligibility Requirements to Use or Access the Services.
    To use the Website or any other Services, you must be (i) at least 18 years old, (ii) a resident of the United States, (iii) not a competitor of or using the Services for purposes that are competitive with the Company, and (iv) provide accurate information to Us, including with respect to your identity, location, health care condition, health care treatment records, symptoms, and other information requested in connection with the Services. Other eligibility requirements, including but not limited to a prescription, might apply to specific services.

    By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services and you may be called on to defend Us against legal claims relating to services improperly provided by Us as a result of false or misleading information you provide to Us.
  1. Changes to this Agreement.
    The Company reserves the right to change this Agreement from time to time in its sole discretion without notice to you. The latest version of the Agreement will be posted on the Website and should be reviewed prior to accessing or using the Services. All changes will be effective immediately when posted on the Website and will apply to your use of and access to the Services from that point onward.

2. Access to the Services.

  1. Changes to Your Access and the Services. The Services may change from time to time as the Company evolves, refines, adds, or removes features of the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.
  2. Creating an Account. You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You shall provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such third-party service as permitted by that third-party service to store your login credentials for that third-party service. All information that you provide will be governed by our Privacy Policy. You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.
  3. Account Responsibilities. You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.
  4. Termination or Deletion of an Account. The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement. Upon fulfillment by you of any subscription period or obligations, you may delete your account at any time, for any reason, by following the instructions on the Website, in the App, and/or received from our support team.
  5. Devices.  The Website and App are configured for certain computers, tablets, smart phones, and/or other electronic devices (each a “Device”), and this Agreement shall apply to any visit, access, registration with, subscription to, and use by you of the Website, the App and/or the Services through any such Devices. You are responsible for obtaining and updating the Device, software, operating system, carrier, and network access necessary to properly visit, access, register with, and use the Website, the App and/or the Services. We do not guarantee that the Website, the App, the Services, or any portions thereof will function on or in connection with any particular Device, software, operating system, carrier, or network. All or any part of the voice, message and data fees, rates, charges, and taxes of your Device’s carrier or network, or another third party, may apply to your visit, access, registration with, subscription to and/or use of the Website, the App and/or the Services. We are not responsible for, and you further accept full responsibility for, all Device carrier and network fees, rates, charges, and taxes which may apply, if any.

3. Policy for Using the Services.

  1. Nutrisense Furnishes Wellness Services, Medical Services are Furnished by the Practices.
    Nutrisense does not provide medical services. We provide wellness services and a platform to facilitate a consultation between Nutrisense (for wellness services only), the Practices, the Providers and You. The Consent to Telehealth services is between you and the Practices and/or the Providers. The healthcare and wellness resources made available through the Services are not a substitute for direct, in-person health care services in all cases. You acknowledge and agree that Nutrisense does not provide medical advice, diagnosis, or treatment recommendations. You acknowledge and agree that your own healthcare professionals, including a Practice or Provider, as applicable, and not Nutrisense, are solely responsible for and will have complete authority, responsibility, supervision, and control over the provision of any medical services. As a result, the decision to focus on diagnosis, treatment recommendations, or both, rests with you and your own healthcare professionals and not Nutrisense. You understand that throughout any communication or consultation with a Practice and/or a Provider via the Services, you are not entering into a provider-patient relationship with Nutrisense.

    Nutrisense does not accept insurance and is not an “in-network” provider to any insurance payor or government reimbursement program.  Wellness services furnished by Nutrisense directly may not be covered by your insurance.  Nutrisense will not complete or submit claims for reimbursement to your insurance. Please note that our subscription wellness products are sold strictly on a cash-pay basis, and no insurance payments will be processed or accepted. You agree to pay the full cost directly for any subscription wellness products and services purchased from Nutrisense.  If you seek reimbursement for Services from your insurance, you are solely responsible for completing any claim or other paperwork required by your insurance and you acknowledge that Nutrisense is not responsible to assist You with Your claim. Additionally, You will pay Nutrisense all charges for subscription wellness products and services purchased from or through Nutrisense regardless of whether your insurance pays for such products and services.  

    For additional information about renewals, cancellations, returns, or refunds, please check our Account & Billing site, which is incorporated herein by reference.  For additional information about renewals, cancellations, returns, or refunds, please check our Account & Billing site, which is incorporated herein by reference.

    The Website, the App, and the Services are for information purposes only and do not constitute medical advice, diagnosis, treatment, or recommendations of any kind on the part of Nutrisense. You should always seek the advice of your own qualified health care professionals with any questions or concerns you may have regarding any medical needs or conditions. The Website, the App, and the Services are not a substitute for professional medical diagnosis or treatment. Reliance on any information appearing on the Website and or the App is solely your decision and at your own risk.
  1. The Practice Provide Medical Services, Nutrisense Provides Wellness Services and Not Medical Services.
    All medical services furnished in connection with the Services are furnished by the Practice or a Provider.  Nutrisense furnishes non-clinical management services for Practices, serves as a Business Associate for Practices and may process or facilitate processing of claims for covered medical services furnished by a Practice.  Medical and healthcare services furnished by a Practice or Provider may be covered by Your insurance.

    - You will pay out-of-pocket all co-payments and co-insurance required by your insurance in connection with covered medical and healthcare services furnished by a Practice or Provider.
    - You will pay out-of-pocket for all medical and healthcare services furnished by a Practice or Provider that are not covered by your insurance.

    Nutrisense furnishes the Services and certain wellness services only, Nutrisense does not furnish medical or healthcare services.  
  1. Consent to Telemedicine Services.
    Telemedicine is the use of electronic communications to enable health care providers at different locations to share individual patient medical information for the purpose of improving patient care. Providers may include primary care practitioners, specialists, and/or subspecialists. The information may be used to determine eligibility for a prescription and, where indicated, to provide such prescription. Please see the Consent to Telemedicine for a full description of the benefits and risks of telemedicine use. The Consent to Telemedicine is hereby incorporated into these Terms of Service by reference and constitutes a part of these Terms of Service.

    By accepting these Terms, you agree and consent to us, our affiliates, or health care providers sending you disclosures, notices, messages, reports, and other communications which you agree are your sole responsibility to monitor. You acknowledge and agree that you will not hold us or any of our affiliates liable for any loss, injury, or claim of any kind resulting from your failure to monitor, read, or interact with these communications or for your failure to comply with any recommendations contained in these communications.
  1. Pharmacy Services.
    You hereby give us consent to provide to our partner pharmacies all information necessary to provide you pharmacy services including, health care records, and other applicable health care information and personal information (such as your name, location, and demographic information) provided by you. If you elect to use the Services, a partner pharmacy will fulfill any prescriptions provided by Providers. You hereby acknowledge that your products (including devices and medications), if approved, may not be shipped in child-resistant packaging and that you must keep all products out of the reach of children.
  1. Managing Your Subscription.
    You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If, in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
  2. Prohibited Uses.
    You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that: (a) violates any international, federal, provincial or state regulations, rules, laws, or local ordinances, (b) could damage the Services or general business of the Company, (c) infringes upon or violates our intellectual property rights or the intellectual property rights of others, (d) interferes with the proper working of the Services, (e) collects or tracks the personal information of others, or (f) interferes with or circumvents the security features of the Services.  
  1. Geographic Restrictions.
    Nutrisense, each Practice and each Provider is based in the United States. The Services are for use by persons located in the United States only. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws. Nutrisense makes no representations that the Services or any of its content are accessible or appropriate outside of the United States.  Please note that medical services furnished by a Practice are not available in WV, LA, AL, MS, NC, and VA.

4. Intellectual Property Rights.

  1. Ownership of Intellectual Property.
    You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the “Content”), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights.  Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.
  2. License to Use the Services.
    During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for your personal use in accordance with this Agreement. The Content may not be used for any other purpose.  This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.
  1. Certain Restrictions. 
    The rights granted to you in this Agreement are subject to the following restrictions:

    1. No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you.
    2. No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
    3. No Exploitation. Unless you and Nutrisense have mutually executed a form of reseller agreement, you shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.
    4. No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.
    5. No Competition. You shall not access or use the Content in order to build a similar or competitive website, product, or service.
    6. Systematic Retrieval. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services.
  1. Trademark Notice.
    All trademarks, logos, and service marks displayed on the Services are either the Company’s property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

5. User Content

  1. User Generated Content. 
    The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Content”) on or through the Services.

    You are solely responsible for your User Content.  Please consider carefully what you choose to share. All User Content must comply with the Content Standards set forth below.  Any User Content you post on or through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content.  This includes any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, or any disclosure of your User Content that personally identifies you or any third party.  You agree that the Company shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Services.

    You further agree that the Company shall not be responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users. If there is a dispute between you and any other user, we are under no obligation to become involved.
  1. License. 
    You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company’s business including, without limitation, for promoting and redistributing part or all of the Services in any media formats and through any media channels. 

    You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. You hereby irrevocably waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to us. Please note that all of the following licenses are subject to our Privacy Policy to the extent they relate to any User Content that contains any personally identifiable information.
  1. Content Standards. 
    You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards (“Content Standards”). User Content must not: 
    1. Violate Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.
    2. Promote Illegal Activity or Harm to Others. Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property.
    3. Infringe Intellectual Property Rights. Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.
    4. Defamatory, Abusive, or Otherwise Objectionable Material. Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another’s privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable. This includes any information or material that we deem to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person.
    5. Promotion of Sexually Explicit Material or Discrimination. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
    6. Fraudulent Information or Impersonation. Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization.
    7. Commercial Activity. Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
    8. Endorsement by the Company. Represent or imply to others that it is in any way provided, sponsored, or endorsed by the Company or any other person or entity, if that is not the case.
  1. Monitoring and Enforcement.
    We reserve the right at all times, but are not obligated, to:

    1. take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Content Standards or any other provision in this Agreement, or creates liability for the Company or any other person. Such action may include reporting you to law enforcement authorities.
    2. remove or reject any User Content for any or no reason at our sole discretion.
    3. disclose any User Content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect the rights or property of the Company or any other person.
    4. Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.

We do not review User Content before it is posted on or through the Services, and therefore cannot ensure prompt removal of questionable User Content. Accordingly, the Company and its affiliates, and their respective officers, directors, employees or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.

  1. Copyright Infringement (Digital Millennium Copyright Act Policy).
    The Company respects the intellectual property of others and expects users of the Services to do the same. It is the Company’s policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:
    1. a description of the copyrighted work that you allege has been infringed;
    2. a description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;
    3. a description of where the material that you claim is infringing is located;
    4. your contact information, including your address, telephone number, and email address;
    5. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
    6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
    7. a physical or electronic signature of the copyright owner or a person authorized to act on their behalf.

Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.

Designated copyright agent for the Company:

NAME: General Counsel
EMAIL: [email protected] 

  1. Feedback to the Company.
    If you provide the Company with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

6. Telephonic and Electronic Communication.

You hereby expressly consent to Nutrisense and Nutrisense on behalf of a Practice and/or a Provider: (a) sending you any type of electronic message as we deem appropriate in our sole discretion, including, without limitation, push notifications sent to your mobile device, messages sent to you via the Site and/or the Mobile App, text messages, emails, electronic notices, and other such communications, or (b) calling you on the telephone (whether cell phone, landline, or otherwise). Such communications can be made by us for any purpose, including, without limitation, to assist with your use of the Services or for advertising, marketing, or promotional purposes. By giving such consent, you agree that no such communication shall violate the Telephone Consumer Protection Act, the CAN-SPAM Act, or any other applicable laws, rules, or regulations.  Voice, message, and data fees, rates, charges and/or taxes may apply to you, and you are responsible for payment of the same. You are not required to grant the foregoing consent as a condition for the purchase or license of any Services.

You may opt-out of receiving text messages, emails, and/or telephone calls from us as described above at any time by any reasonable means, including, without limitation and by way of example, by sending an email to [email protected], with a subject line of “Opt-Out.” Also, you may opt-out of receiving text messages at any time by following the opt-out instructions in any such text messages you have received. You acknowledge that opting out of receiving any such communications may impact your receipt, the success, and/or the performance of all or any part of the Site, the Mobile App, and/or the Services.

7. Assumption of Risk.

The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information.  Any reliance on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user to the Services, or by anyone who may be informed of any of its contents.

With the exception of the Services, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Services, as well as Internet services via the Internet service provider of your choice and any wireless services you require (the “Connections”). This responsibility includes, without limitation, your utilizing current versions of web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. By checking the checkbox affirming your consent to these Terms, you demonstrate that you can access information that we provide to you by posting electronic communications on the Site or the Mobile App or via email and otherwise confirm that you are able to access and use the Site and the Services and receive electronic and telephonic communications from us.

In connection with your use of the Services, you understand and acknowledge the following and assume the risk of using the Services:

  • There are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Connections, and you hereby expressly assume such risks;
  • You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems;
  • You have requested access to the Services, made your own independent assessment of the adequacy of the Connections and Systems, and are satisfied with that assessment.
  • We are not responsible for any errors or problems that arise from the malfunction or failure of the Connections or the Systems;
  • We may enable the use of geolocation services with our Mobile App, and we may use this geolocation information to provide features of the Services and to improve and customize the Services. If you do not want us to use geolocation data from you mobile device, you may set your location preferences on your device accordingly;

WHEN YOU CONTACT US BY EMAIL OR TEXT, WE HAVE NO WAY OF PROTECTING YOUR INFORMATION UNTIL IT REACHES US SINCE EMAIL AND TEXT MESSAGING AND THE COMMUNICATION LINES THAT SUCH COMMUNICATIONS TRAVEL OVER DO NOT HAVE THE SECURITY FEATURES THAT ARE BUILT INTO OUR SERVICES AND MAY NOT BE SECURE. BY SENDING ANY INFORMATION TO US VIA THE SERVICES, EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH THE SERVICES, EMAIL, PUSH NOTIFICATIONS OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.

8. Privacy.

For information about how the Company collects, uses, and shares your information, please review our Privacy Policy. You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.

The Children’s Online Privacy Protection Act requires that online service providers obtain parental consent before they knowingly collect personally identifiable information online from children who are under 13 years old. We do not knowingly collect or solicit personally identifiable information from children under 13 years old. If you are a child under 13 years old, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13 years old, we will delete that information as quickly as possible. If you believe that a child under 13 years old may have provided us personal information, please contact us.

 9. Third-Party Links and Ads.

The Services may contain links to third-party websites, resources, and services, as well as advertisements (collectively, “Third-Party Links”). Third-Party Links are provided for your convenience only. The Company does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links. The Company has no control over the contents, products, or services of any Third-Party Link and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any Third-Party Link, you do so entirely at your own risk and subject to the terms and conditions of use for such Third-Party Link. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with any Third-Party Link.

10. Termination.

  1. Termination. 
    The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease.  The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement, including for termination of your account or deletion of your User Content. If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.
  1. Effect of Termination.
    Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect.  This includes, without limitation, ownership of intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.  You understand that any termination of your access to and use of the Services may involve deletion of your User Content associated with your account from our databases.

11. No Warranty.

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS.  TO THE FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.

THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

12. Limitation of Liability.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

13. Indemnification.

You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, “Indemnified Party”) from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys’ fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to (a) your breach of this Agreement, (b) your use or misuse of the Services including, but not limited to, your User Content, (c) your acts, errors, or omissions, or (d) any actions taken by a third party using your account. The Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to assist and cooperate with our defense or settlement of these claims.

14. Disputes.

  1. Governing Law.
    All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of Illinois, without giving effect to any conflict of law principles.
  1. Dispute Resolution.
    Any action or proceeding arising out of or related to this Agreement or the Services shall be brought only in a state or federal court located in the State of Illinois, County of Cook, although we retain the right to bring any suit, action, or proceeding against you for breach of this Agreement in your country of residence or any other relevant country. You hereby irrevocably submit to the jurisdiction of these courts and waive the defense of inconvenient forum to the maintenance of any action or proceeding in such venues.
    At the Company’s sole discretion, it may require any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, to be submitted to and decided by a single arbitrator by binding arbitration under the rules of the American Arbitration Association in Chicago, IL. The decision of the arbitrator shall be final and binding on the parties and may be entered and enforced in any court of competent jurisdiction by either party. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.
    All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind.  Notwithstanding anything to the contrary under the rules of the American Arbitration Association, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
    In the event that Nutrisense or a Practice is required to incur costs, including reasonable attorneys fees, to defend or enforce Nutrisense’s or a Practice’s rights hereunder, You will pay or reimburse such defense or enforcement costs.  
    YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
  1. Limitation to Time to File Claims.
    ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

15. Miscellaneous.

  1. Waiver.
    Except as otherwise set forth in this Agreement, no failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
  1. Severability.
    If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
  1. Entire Agreement.
    This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.
  1. Headings.
    Headings and titles of sections, clauses, and parts in this Agreement are for convenience only.  Such headings and titles shall not affect the meaning of any provisions of the Agreement.
  1. No Agency, Partnership or Joint Venture.
    No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement. You do not have any authority of any kind to bind the Company in any respect whatsoever.
  1. Assignment.
    You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.
  1. Export Laws.
    The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.

16. Contact Information.

All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 5 (User Content). All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to [email protected].

Last Updated: March 21, 2022

Privacy Policy. United States

Nutrisense, Inc. (referred to herein as “Nutrisense”, “we”, “our”, or “us”) and its affiliates recognizes the importance of protecting the personal information we may collect from visitors, users and any other individual or entity (“Users”, “you”, or “your”). This Privacy Policy applies to the data collection and privacy practices of Nutrisense, and when we collect personal information through your use of the websites, nutrisense.io, nutrisense.com nutrisense.co, nutrisense.us, and other Nutrisense-related sites, software, hardware and applications accessible on or by any top-level Nutrisense domain owned by us, including our mobile application (each, the “Application” or “App” and collectively the “Applications” or “Apps”), through our social media pages that we control, and through email messages that we may send to you (collectively, the “Services”). Please note that this Privacy Policy excludes services that state that they are offered under a different privacy policy.

Our Privacy Policy explains: (1) what information we collect; (2) why we collect it; (3) how we use that information; (4) how we may share it; (5) the choices we offer, including how to access and update information; (6) and the measures we take to keep your information safe. Specifically, our Privacy Policy covers the following topics:

Please familiarize yourself with our privacy practices. By using the Apps or Services, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Apps or Services.

Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the “International Transfer” section below. If you do not agree to the transfer, storage and use of your information in the United States, and any other country where we operate, please do not use the Applications or Services.

If you have any questions or comments about this Privacy Policy, please submit a request to [email protected].

When this Privacy Policy Applies

Our Privacy Policy applies to all of the Services offered by Nutrisense or use our Applications, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.

Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our Applications or Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our Services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.

Terms of Service

By accessing or using the Applications in any manner, you also agree to be bound by Nutrisense’ Terms of Service (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Application.

Information We Collect

We collect information, including Personal Information, to provide better services to all our Users. We use the term “Personal Information” to refer to any information that identifies or can be used to identify you. Common examples of Personal Information include: full name, email address, digital identity, such as a login name or handle, information about your device, and certain metadata.

“Sensitive Personal Information” refers to a smaller subset of Personal Information which is considered more sensitive to the individual, such as race, biometric information, physical health information, or gender.

When you use our Services, we collect Personal Information in the following ways:

  • Information You Give to Us
  • Website

As you evaluate whether Nutrisense is the right technology for you, you may choose to provide us with Personal Information about yourself, including your name and email address by completing forms on our website, or when creating and signing into your account on our Applications. On our Website, we will also collect financial data such as payment card details and bank account numbers in order to process transactions for certain services.

In some instances, you may elect to provide us with location and address information. You may also provide us with Personal Information about yourself when you report a problem or have a question about our services.

The Applications offer interactive and social features that permit you to submit content and communicate with us. You may provide Personal Information to us when you post information in these interactive and social features. Please note that your postings in these areas of the Applications may be publicly accessible or accessible to other Users.

  • Mobile Application

Certain information is required when creating an account to use our Services on the mobile application, such as your name, email address, and password.

In addition, in order to improve your experience with the Services, you may choose to provide additional information such as your gender, birthday, height, weight, country location, race, fitness level, sporting activities, eating habits, historical biometric data, and other fitness information. You can choose not to provide certain information, but then you may not be able to register for the Nutrisense or take advantage of some features of the Services.

When your device syncs with Nutrisense’ Application, certain data recorded on your device is transferred from your device to our servers.

Some of this information may be shared with the Apple Health, Google and Andriod Health applications if you were to enable sharing with the Apple Health information. Please note that Apple’s privacy policy governs the processing of any information stored on the Apple Health application

  • Information We Obtain from Your Use of Our Services

We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Services, such as creating or logging into your account, or opening or interacting with the Services on Your mobile device. When you use our Application, we automatically collect and store this information in service logs. This includes: details of how you used our Application; Internet protocol address; cookies that uniquely identify your browser, the referring web page and pages visited. We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties.

  • Social Networking

When using our Services or when using certain third-party social networking services (for example, Facebook, Twitter, LinkedIn, Youtube, Instagram, TikTok and Pinterest) (each a “Social Network”), you may have the option to connect your Nutrisense information or activity with that Social Network and its users, and to access certain of your Social Network information, as disclosed to you at the time you consent to the connection. Information we may share with a Social Network may include, but is not limited to, technical information about your Nutrisense activity. Information we may access about you, with your consent, from a Social Network, may include, but is not limited to, your basic Social Network information, your location data, your lists of contacts, friends and followers, and certain information about your activities on the Social Network. If you permit a connection between a Social Network and Nutrisense, we and that Social Network may be able to identify you and to associate information received pursuant to that connection with information we already have about you. We recommend that you familiarize yourself with the privacy policy and privacy control options of any Social Network with which you choose to share information or to connect a Nutrisense Service.

  • Cookies and Similar Technologies

We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third-party advertising and analytics partners include Google and similar partners.

The technologies we use for this automatic data collection may include:

Cookies.

A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services. For more information about our use of cookies, including details on how to opt-out of certain cookies, please see our Cookie Policy.

Web Beacons.

Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Clickstream Data.

Clickstream data is information collected by our computers when you request Web pages from the Applications. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Applications, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Applications.

Information Collected Related to California Residents

During the last twelve (12) months, we have collected the following categories of personal information from consumers.

Category

Type of Identifiers We Collect

Collected

A. Identifiers

First and last name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address.

YES

B. Personal information categories listed in the California Customer Records statute (Cal.Civ. Code § 1798.80(e)).

A name, physical characteristics ordescription, address, telephone number,education, employment, employmenthistory and disciplinary action,professional memberships, employeereference checks, trade unionmembership, credit card number, debitcard number, or any other financialinformation, medical information.

YES

C. Protected classification characteristics under California or federal law.

Age, nationality, racial or ethnic origin marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation.

YES

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Internet or other similar network activity.

Browsing history, search history, information on a consumer's interaction with a website, application logs, device data and registration, social media account information or advertisement.

YES

F. Biometric information.

Physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, heartrate, height, weight, gait, or other physical patterns, and sleep, health, or exercise data.

YES

G. Geolocation Data

Physical location or movements.

YES

H. Sensory data.

Audio, electronic, visual, thermal, olfactory, or similar information.

NO

I. Professional or employment-related information.

Current or past job history or performance evaluations; disciplinary action, professional memberships, employee reference checks, and trade union membership.

NO

J. Inferences drawn from other personal information.

Profile reflecting a person's preferences, behavior, and attitudes.

YES

We obtain the categories of Personal Information listed above from the following categories of sources:

  • Directly from our customers or their agents.
  • Indirectly from our customers or their agents. For example, through information we collect from our clients in the course of providing Services to them.
  • Directly and indirectly from activity on our website (www.nutrisense.io) or applications. For example, from website usage details that are collected automatically. In addition, like many companies, we use “cookies” which are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the site and to track usage behavior of, for example, the webpages you visit.
  • From social media websites, such as Facebook, Twitter, LinkedIn, YouTube, Instagram, TikTok and Pinterest.
  • From third parties that assist us in providing certain transactions and services, even though it appears that you may not have left our Site.

How We Use Personal Information We Collect

We use your Personal Information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:

  • To present, operate or improve the Application and Services, including analysis of Application activity;
  • To inform you about Services and products available from Nutrisense;
  • To authorize access to our Applications and Services;
  • To validate your identity or verify communications from you;
  • To offer and administer programs;
  • To customize or tailor your experience of the Services;
  • To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, prize draws and other offers or promotions, and to deliver pertinent emails;
  • To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Services;
  • For marketing purposes, including but not limited to, facilitating interest-based advertising, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we send to you, sending you other promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you;
  • To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews;
  • To respond to and support users regarding their use of the Applications and Services;
  • To process applications for employment that you submit through the Applications;
  • To administer general recordkeeping;
  • To comply with all applicable legal requirements;
  • To perform data analysis and testing;
  • To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;
  • To enforce our Terms of Use and other agreements;
  • To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our Users;
  • To resolve disputes;
  • To otherwise fulfill the purpose for which the information was provided.
  • We and our service providers may use IP addresses to understand the locations from which our Users are accessing the Services. Except where prohibited by applicable law or regulation, we may combine information collected through one source with information obtained through other resources. We also may supplement the information we collect with information obtained from third parties. We will treat any information that we combine with your personal information as Personal Information pursuant to this Privacy Policy.
  • We use information collected from cookies and other technologies, to improve your User experience and the overall quality of our services. We may use your Personal Information to see which web pages you visit at our Applications, which website you visited before coming to our Site, and where you go after you leave our Applications. We can then develop statistics that help us understand how our visitors use our Applications and how to improve it. We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
  • We will ask for your consent or otherwise update this policy/inform you before using information for a purpose other than those set out in this Privacy Policy.

Our Legal Basis for Collecting Personal Information

We have set out below, in a table format, a description of all the ways we plan to use your Personal Information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.

Purpose/Activity

Type of Data

Lawful basis for processing including basis of legitimate interest

  • Manage payments, fees and charges
  • Collect and recover money owed to us
  • Identity (ie data which identifies you)
  • Contact (ie your contact details)
  • Financial (ie your payment details)
  • Transaction (ie the services that you are purchasing)
  • Marketing and Communications (ie your direct marketing preferences)
  • Performance of a contract with you; and/or
  • Necessary for our legitimate interests (effectively managing our business operations)

To provide you with analytical information about your workout through the use of our apps

  • Identity (ie data which identifies you)
  • Health data (ie data gathered by the sensor for example, your glucose levels)
  • Race data (ie your ethnicity)
  • Performance of a contract with you; and/or
  • To the extent that information we collect is special category of personal data, we rely on your explicit consent to process the data

To manage our relationship with you which will include:

  • Notifying you about changes to our terms or privacy notice
  • Asking you to leave a review or take a survey
  • Identity (ie data which identifies you)
  • Contact (ie your contact details)
  • Profile (ie your profile as a user of the service)
  • Marketing and Communications (ie your direct marketing preferences)
  • Performance of a contract with you; and/or
  • Necessary to comply with a legal obligation
  • Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) or consent in some limited instances.

To enable you to partake in an event, prize draw, competition or complete a survey

  • Identity (ie data which identifies you)
  • Contact (ie your contact details)
  • Profile (ie your profile as a user of the service)
  • Usage (ie metrics on your use of the sensor and application)
  • Marketing and Communications (ie your direct marketing preferences)
  • Performance of a contract with you; and/or
  • Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business); and/or
  • Consent (in some limited instances)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

  • Identity (ie data which identifies you)
  • Contact (ie your contact details)
  • Technical (ie data related to your use of the sensor or application)
  • Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise); and/or
  • Necessary to comply with a legal obligation

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

  • Identity (ie data which identifies you)
  • Contact (ie your contact details)
  • Profile (ie your profile as a user of the service)
  • Usage (ie metric son your use of the sensor and application)
  • Marketing and Communications (ie your direct marketing preferences)
  • Technical (ie data related to your use of the sensor or application)
  • Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy); and/or
  • Consent

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

  • Technical (ie data related to your use of the sensor or application)
  • Usage (ie metrics on your use of the sensor and application)
  • Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy); and/or
  • Consent

To make suggestions and recommendations to you about goods or services that may be of interest to you

  • Identity (ie data which identifies you)
  • Contact (ie your contact details)
  • Technical (ie data related to your use of the sensor or application)
  • Usage (ie metrics on your use of the sensor and application)
  • Profile (ie your profile as a user of the service)
  • Necessary for our legitimate interests (to develop our products/services and grow our business); and/or
  • Consent

To evaluate potential employee candidates and conduct hiring decisions

  • Employment history(ie previous places you have worked)
  • Educational background (ie details about your educational qualifications)
  • Professional memberships (ie details about your professional memberships)
  • Trade union membership
  • Employee reference checks
  • Necessary to comply with a legal obligation; and/or
  • To the extent that information we collect is special category of personal data, we rely on your explicit consent to process the data

Provided that, in each circumstance, we will weigh the necessity of our processing for the purpose against your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes.

Your Failure to Provide Personal Information

Your provision of Personal Information is required in order to use certain Services and programs. In some instances, if you fail to provide such Personal Information, you may not be able to access and use our Services, or parts of our Services.

Our Retention of Your Personal Information

We use and retain your Personal Information for as long as necessary to fulfill the purpose for which it is being processed, to carry out legitimate business interests, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).

After expiry of the applicable retention periods, your Personal Information will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.

Right to Delete Your Data.

1. If you are a resident of California, you may request the deletion of your Personal Information by clicking on the link below. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.

Nutrisense Privacy Request Form

Sharing Personal Information

Nutrisense may disclose your Personal Information to commercial providers for a business purpose. When we disclose Personal Information for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes set forth in the contract. We may also share fully anonymized statistical data with our partners.

We disclose your Personal Information for a business purpose to the following categories of third parties:

  • Our affiliates;
  • Service providers and other third parties we use to support our business, including without limitation those performing core services (such as billing, credit card processing, customer support services, customer relationship management, accounting, auditing, administering sweepstakes, surveys, advertising and marketing, analytics, email and mailing services, data storage, and security) related to the operation of our business and/or the Services, and making certain functionalities to our Users;
  • Commercial sensor providers;
  • Enterprise accounts;
  • Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with the services we provide to you.

We may disclose your Personal Information for legal reasons. Specifically, we will share Personal Information with companies, organizations or individuals outside of Nutrisense if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:

  • Fulfill any purpose for which you provide it;
  • Meet any applicable law, regulation, legal process or enforceable governmental request;
  • Enforce applicable Terms of Service, including investigation of potential violations;
  • Detect, prevent, or otherwise address fraud, security or technical issues;
  • Protect against harm to the rights, property, assets or safety of Nutrisense, our Users or the public, content found on the Services, or to protect the Services from unauthorized use or misuse, as required or permitted by law;
  • Facilitate a business transfer, such as to a buyer or other successor in the event of merger, acquisition, consolidation, divestiture, change in control, dissolution or other sale or transfer of some or all of Nutrisense' assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Nutrisense about its Users will be among the assets to be transferred, and any such successor may use your information for the same purposes set forth in the Privacy Policy.
  • For any other purpose disclosed when you provide the information; and,
  • When we obtain your consent to do so.

We attempt to notify you about legal demands for your Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.

Sale of Personal Information

We do not sell any Personal Information.

Your Privacy Choices

You may have certain rights relating to your Personal Information, subject to local data protection law. Whenever you use our services, we aim to provide you with choices about how we use your Personal Information. Subject to applicable law, you may obtain a copy of Personal Information we maintain about you. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.

Privacy Rights Specific to California Residents

Under the California Consumer Privacy Act, California residents have specific rights regarding their personal information. This section describes Californians’ rights and explains how California residents can exercise those rights.

Below we further outline specific rights which California residents may have under the California Consumer Privacy Act.

  • Right to Access Your Data. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. Any disclosures we provide will only cover the 12- month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
  • Right to Data Portability. You have the right to a “portable” copy of your Personal Information that you have submitted to us. Generally, this means you have a right to request that we move, copy or transmit your Personal Information stored on our servers or information technology environment to another service provider’s servers or information technology environment.
  • Right to Delete Your Data. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
  • Right to Non-Discrimination for the Exercise of Your Privacy Rights. You have the right not to receive discriminatory treatment by us for exercising your privacy rights conferred by the California Consumer Privacy Act.

Exercising Your Rights

If you are a California resident who chooses to exercise your rights, you can submit a request via the Nutrisense Privacy Request Form.

Our Response to Your Request

Upon receiving your request, we will confirm receipt of your request by sending you an email confirmation of receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.

We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.

In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Data for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

We may deny your deletion request if retaining the information is necessary for us or our service providers to:

  1. Complete the transaction for which we collected the Personal Information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you;
  2. Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
  3. Debug products to identify and repair errors that impair existing intended functionality;
  4. Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
  5. Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq. );
  6. 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;
  7. Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
  8. Comply with a legal obligation; or
  9. Make other internal and lawful uses of that information that are compatible with the context in which you provided it

Our Opt-in/Opt-out Policy

By providing an email address on the Nutrisense Applications or Services, you agree that we may contact you in the event of a change in this Privacy Policy, to provide you with any Service-related notices, or to provide you with information about our events, invitations, or related educational information.

For purposes of this Privacy Policy, “opt-in” is generally defined as any affirmative action by a User to submit or receive information, as the case may be.

We currently provide the following opt-out opportunities:

  1. At any time, you can follow a link provided in offers, newsletters or other email messages (except for e-commerce confirmation or service notice emails) received from us to unsubscribe from the service.

Notwithstanding anything else in this Privacy Policy, please note that we always reserve the right to contact you in the event of a change in this Privacy Policy, or to provide you with any service-related notices.

Third Party Links

The Applications may contain links to webpages operated by parties other than Nutrisense. We do not control such websites and are not responsible for their contents or the privacy policies or other practices of such websites. Our inclusion of links to such websites does not imply any endorsement of the material on such websites or any association with their operators. Further, it is up to the User to take precautions to ensure that whatever links the User selects or software the User downloads (whether from this Site or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. These websites and services may have their own privacy policies, which the User will be subject to upon linking to the third party’s website. Nutrisense strongly recommends that each User review the third party’s terms and policies.

How We Protect Personal Information

Nutrisense maintains administrative, technical and physical safeguards designed to protect the user's Personal Information and other information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use. For example, we and/or our service providers use commercially reasonable security measures such as encryption, firewalls, and Secure Socket Layer software (SSL) or hypertext transfer protocol secure (HTTPS) to protect Personal Information.

Although we take reasonable steps designed to protect your Personal Information, please be advised that no security system or means of transmitting data over the Internet can be guaranteed to be entirely secure (including without limitation with respect to computer viruses, malicious software and hacker attacks). We cannot and do not guarantee or warrant the security of your Personal Information or any information you disclose or transmit to us. We are not responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied or otherwise, that we will prevent such access, and we are not responsible for any damages or liabilities relating to any such incidents to the fullest extent permitted by law. Where required under law, we will notify you of any such loss, misuse or alteration of Personal Information that may affect you so that you can take the appropriate actions.

For your own privacy protection, we urge you to keep all passwords confidential. We also recommend that you do not include sensitive information such as passwords, social security numbers or payment information, in any emails that you send to us. If you become aware of any breach of the terms of this Privacy Policy or of the security of the Services, please notify us by email at [email protected].

Children’s Privacy

The Applications and Services are not designed or intended to be used by anyone under the age of 16. If you are under the age of 16 (or a minor in the jurisdiction in which you are accessing our Applications or Services), do not use the Services, or make purchases via the Services, use any interactive features of the Services, or post any Personal Information to our Applications or submit any Personal Information via the Services. We do not knowingly or intentionally gather Personal Information about children who are under the age of 16. If a child has provided us with Personal Information, a parent or guardian of that child may contact us to have the information deleted from our records. If you believe that we might have any information from a child under age 16 in the applicable jurisdiction, please contact us at [email protected]. If we learn that we have inadvertently collected the Personal Information of a child under 16, or equivalent minimum age depending on jurisdiction, we will take steps to delete the information as soon as possible and cease the use of that information in accordance with applicable law.

Direct Marketing and “Do Not Track” Signals

Nutrisense does not track its users over time and across third party websites to provide targeted advertising and therefore does not respond to Do Not Track (DNT) signals. However, some third-party sites do keep track of your browsing activities when they serve you content, which enables them to tailor what they present to you. If you are visiting such sites, your browser may include controls to block and delete cookies, web beacons and similar technologies, to allow you to opt out of data collection through those technologies.

California residents are entitled to contact us to request information about whether we have disclosed Personal Information to third parties for the third parties’ direct marketing purposes. Under the California “Shine the Light” law, California residents may opt-out of our disclosure of Personal Information to third parties for their direct marketing purposes. You may choose to opt- out of the sharing of your Personal Information with third parties for marketing purposes. To make such a request you should send an email to [email protected] with the subject heading “California Privacy Rights,” In your request, please attest to the fact that you are a California resident and provide a current California address for our response. Please be aware that not all information sharing is covered by the California privacy rights requirements and only information on covered sharing will be included in our response. We reserve our right not to respond to requests submitted to addresses other than the addresses specified in this paragraph.

Changes to this Privacy Policy

Our Privacy Policy may change from time to time. We will not reduce your rights under this Privacy Policy without your consent. We will post any privacy policy changes on this page and, if the changes are significant, we will provide a more prominent notice (including, for certain services or programs, email notification or privacy policy changes). We will also keep prior versions of this Privacy Policy in an archive for your review.

How to Contact Us

If you have any questions, comments or concerns about this Privacy Policy, or if you would like to exercise the choices discussed above, please contact us:

Via e-mail: [email protected]