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