Last Updated: Aug 29, 2024

Consent to Electronic Communications

Informed Consent Regarding the Use of Telehealth to Deliver Care:

By checking the "agree" box or using any other means of acceptance provided through the service, or otherwise affirmatively accepting this Consent, you acknowledge that you have read, accept, and agree to be bound by this Consent and that this acceptance constitutes a legal signature. You also affirm that you will provide accurate and complete information to the best of your knowledge.

Purpose:

The purpose of this Consent form (“Consent”) is to provide you with information about telehealth and to obtain your informed consent to the use of telehealth in the delivery of healthcare services to you by independent medical practices, including SenseMD, P.A. and other independent medical practices managed with respect to non-clinical aspects by Nutrisense, Inc. (each a “Practice”) that use the online platforms owned and operated by Nutrisense, Inc. (the “Platform”) Practice-engaged providers, including physicians and other providers employed by or otherwise engaged to provide services for or on behalf of a Practice are referred to collectively herein as “Providers.”

Terms:

All capitalized terms used in this Telehealth Consent but not defined herein have the meanings assigned to them in the Terms of Service. For the avoidance of any doubt, the terms "Nutrisense," "we," "us," or "our" refer to Nutrisense, Inc., or a Practice and the terms "you" and "yours" refer to the person using the Service.

Nature of Telehealth Services:

Nutrisense does NOT provide medical or healthcare services, including via the Sites or Services. Nutrisense facilitates consultation between Practices and you. This Telehealth Consent is strictly between you, a Practice and the Providers that furnish healthcare services for and on behalf of a Practice (although Nutrisense is a third-party beneficiary of certain releases).

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. The information may be used to determine eligibility for a prescription and, where indicated, to provide such prescription.

Telehealth services offered by SenseMD, P.A., SenseMD KS, P.A., SenseMD NJ, P.C., SenseMD CA, P.C. and other Practices and their Providers may include a patient consultation, evaluation, diagnosis, treatment recommendation, prescription, and/or a referral, as determined clinically appropriate by the Practice and Provider (the “Services”).

Possible Benefits of Telehealth

Improved access to medical care;
More efficient medical evaluation and management;
Possibility of selecting a time that is convenient to you; and/or
Possibility to choose a location that is convenient for you.

Possible Risks of Telehealth

There are potential risks associated with the use of telehealth. These risks include, but may not be limited to:

Information transmitted may not be sufficient to allow for appropriate medical decision-making by the provider;
Provider may not be able to provide medical treatment for your particular conditions;
Regulatory requirements may limit your Provider’s ability to provide treatment options, including prescriptions;
Delays in medical evaluation and treatment could occur due to deficiencies or failures in technology equipment; or Provider availability; and/or
Security protocols could fail, resulting in privacy breaches of personal medical information.

Service Limitations:

Telehealth Providers are unable to have direct, physical contact with the patient. As a result, some clinical needs may not be appropriate for a telehealth visit and your Provider will make that determination. Your Provider’s determination regarding the appropriateness of telehealth care is their sole and absolute discretion and may not be appealed.
Providers do not address medical emergencies. If you believe you are experiencing a medical emergency, you should dial 9-1-1 and/or go to the nearest emergency room. Please do not attempt to contact Nutrisense, a Practice or your Provider. After receiving emergency healthcare treatment, you should visit your local primary care provider.
If you are not experiencing an emergency or do not require immediate or urgent care, you can communicate with Providers through the secure message service in the Platform. If a technical failure prevents you from communicating with your Providers through the Platform, please email us immediately at [email protected]
Our Providers are not a replacement for your local primary care provider. Responsibility for your overall medical care should remain with your local primary care provider, if you have one, and we strongly encourage you to locate one if you do not.

Confidentiality:

We prioritize your privacy and maintain the confidentiality of your medical information in accordance with our Privacy Policy and applicable law. However, please note that the security of electronic communication cannot be guaranteed, and there are risks associated with the transmission of data.

Patient Agreements:

As a patient utilizing telehealth services and by signing or otherwise acknowledging agreement to this Telehealth Consent, you agree as follows:

You have read and understand the information provided above regarding the benefits and risks of telehealth.
You understand that all medical services are furnished by a Practice and Nutrisense does not provide medical care or treatment or exert any influence or control whatsoever over a Practice or its Provider’s clinical discretion or decision-making.
You give your informed consent to the use of telehealth by Providers hereunder.
If you are experiencing a medical emergency, you will dial 9-1-1 immediately, you will not seek emergency or urgent care or treatment from Nutrisense, a Practice or Provider.
There is no guarantee that you will be treated by a Provider. Your Provider reserves the right to deny care for potential misuse of the Services or for any other reason if, in the professional judgment of your Provider, the provision of the Services is not medically or ethically appropriate.
There is no guarantee that you will be issued a prescription, and the decision of whether a prescription is appropriate will be made in the professional judgment of your Provider.
If Your Provider issues a prescription, You have the right to select the pharmacy of Your choice. Nutrisense has commercial relationships with certain third-party pharmacies, and uses these third party pharmacies to fulfill orders directly to your door. You are free to obtain your prescription by contacting us at [email protected].
You understand that no results from telehealth services can be guaranteed or assured.
You have the right to withhold or withdraw your consent to the use of telehealth during your care at any time by emailing Nutrisense with such instruction ([email protected]).
You understand that the laws that protect privacy and the confidentiality of medical information also apply to telehealth. You understand that all medical reports resulting from the telehealth visit are part of your medical record.
You have the right to inspect all information obtained and recorded in the course of a telehealth interaction, and may receive copies of this information for a reasonable fee to the extent authorized under applicable laws.
You hereby release and hold harmless Nutrisense, each Practice and each Provider from damage or loss arising from or in connection with the loss or misappropriation of data or information arising out of the telehealth service.
There is a risk of technical failures during the telehealth visit beyond the control of your Providers. I AGREE TO RELEASE AND HOLD HARMLESS NUTRISENSE, PRACTICES, PROVIDERS, EMPLOYEES, CONTRACTORS, AGENTS, DIRECTORS, MEMBERS, MANAGERS, SHAREHOLDERS, OFFICERS, ASSIGNS, REPRESENTATIVES, PARENTS, PRE- DECESSORS, AND SUCCESSORS FROM AND AGAINST CLAIMS RELATING TO DAMAGE OR LOSS ARISING IN CONNECTION WITH TELEHEALTH SERVICES, INCLUDING FOR DELAYS IN EVALUATION AND FOR INFORMATION LOST DUE TO SUCH TECHNICAL FAILURES.
You agree and consent to receive emails, disclosures, notices, messages, reports or other electronic communications from Nutrisense, a Practice , and/or the Provider pertaining to your care, which may include Protected Health Information, notwithstanding your acknowledgment that not all such modern electronic communications are end-to-end encrypted, such as SMS (text messaging). If you consent to electronic communications by email and text message, it is possible that PHI and other sensitive information about You may be intercepted by third parties. If you choose to send or receive information about Your health or any other sensitive information by text message or email, You do so at your own risk. By initiating an SMS Enrollment, You consent to sending text messages to Nutrisense, Practices and Providers, and receiving text messages from Nutrisense, Practices and Providers that are not encrypted. Likewise, by emailing Nutrisense, Practices or Providers or giving Nutrisense, Practices or Providers your email, You consent to receiving unencrypted emails messages from Nutrisense, Practices or Providers. You will immediately notify Nutrisense, the Practice and your Provider if there are any changes to your mobile phone, email or other contact information. If you are experiencing any issues with Nutrisense, a Practice or a Provider’s text messaging or email services, or if you have any concerns about sending or receiving any sensitive information through text or email, please contact us directly at [email protected].

Other State-Specific Consents

The following apply to patients accessing Nutrisense Platforms and Services for the purposes of participating in telehealth services as required by the listed states:

Alaska: I understand that my primary care provider may obtain a copy of the records of my telehealth services. I have been informed that to register a formal complaint about a provider, I should visit the medical board’s website, here.

Connecticut: I understand that my primary care provider may obtain a copy of the records of my telehealth services.

Florida: I can view my rights under Florida’s Patient Bill of Rights and Responsibilities, by visiting the Florida Agency for Health Care Administration (here). To view my rights under Florida’s Weight-Loss Consumer Bill of Rights, I should click here.

Iowa: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website (here).

Idaho: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website (here).

Indiana: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website (here).

Kansas: I understand that if I have a primary care provider or other treating physician, the Provider providing telehealth services must send records to such primary care or other treating physician of the treatment and services rendered to me during the telehealth encounter within three days of when I provide consent to the Provider providing telemedicine services to send such records.

Kentucky: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website (here).

Maine: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website (here) or the Maine Board of Osteopathic Licensure’s website (here).

New Hampshire: I understand that my primary care provider or treating provider may obtain a copy of my records of my telehealth services.

Ohio: I understand that my primary care provider may obtain a copy of my records of my telehealth services.

Oklahoma: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website (here) or the Oklahoma Board of Osteopathic Examiners’ website (here).

Rhode Island: I have been informed that if I want to register a formal complaint about a provider, I should visit the medical board’s website, here.

South Carolina: I understand that my medical records may be distributed only with my consent and in accordance with applicable laws and regulations to other treating health care practitioners.

I have also been informed of the following notice:

NOTICE CONCERNING COMPLAINTS -Complaints about physicians, as well as other licensees and registrants of the Texas Medical Board, including physician assistants, acupuncturists, and surgical assistants may be reported for investigation at the following address: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Assistance in filing a complaint is available by calling the following telephone number: 1-800-201-9353, For more information, please visit www.tmb.state.tx.us.

AVISO SOBRE LAS QUEJAS- Las quejas sobre médicos, asi como sobre otros profesionales acreditados e inscritos del Consejo Médico de Tejas, incluyendo asistentes de médicos, practicantes de acupuntura y asistentes de cirugia, se pueden presentar en la siguiente dirección para ser investigadas: Texas Medical Board, Attention: Investigations, 333 Guadalupe, Tower 3, Suite 610, P.O. Box 2018, MC-263, Austin, Texas 78768-2018, Si necesita ayuda para presentar una queja, llame al: 1-800-201-9353, Para obtener más información, visite nuestro sitio web en www.tmb.state.tx.us.

Vermont:

I understand that I have the right to receive a consult with a distant-site provider and will receive one upon request immediately or within a reasonable time after the results of the initial consult. I understand that receiving telemedicine services via Nutrisense’s Platform does not preclude me from receiving real-time telemedicine or face-to-face services with the distant provider at a future date. (VT Stat. Ann. § 9361).

I have been informed that if I want to register a formal complaint about a provider, I should visit the Vermont Board of Medical Practice website, here or the Vermont Board of Osteopathic Examiners, here.

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.

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.

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.

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:

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;
Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities;
Debug products to identify and repair errors that impair existing intended functionality;
Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law;
Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq. );
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;
Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us;
Comply with a legal obligation; or
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:

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]

‍

Expert video consults, eligible for insurance coverage.