Dated as of April 26, 2017
Description of Users and Acceptance of Terms
The Information We Collect and/or Receive
In the course of operating the Website, and the Services, Nutrigene will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information.
In order for us to help you build your Personalized Nutrigene Packs, you will be asked to provide us with personal information about yourself, such as your first name, e-mail address, gender, age and zipcode.
If you would like to purchase a Subscription to our Services, you will be required to provide us with additional personal information about yourself, such as your name, and shipping address.
All information that we receive under this section is collectively called “Personal Information.”
We do not collect any Personal Information from Visitors when they use the Website, unless they provide such information voluntarily.
In order for us to help you build your Personalized Nutrigene Packs, you will be asked to provide us with some information about your health and wellness, including but not limited to, your short-term and long-term health goals, your diet, your lifestyle, your views about health/wellness, and medical conditions that you have experienced or that exist in your family (collectively, the “Wellness Information”).
When Customers place an order for their Personalized Nutrigene Packs, we will also collect and/or receive certain information, including but not limited to, the Products in their Personalized Nutrigene Packs (“Order Information”).
In addition to the Personal Information, Wellness Information, Order Information, and the Billing Information, we may collect additional information (collectively, the “Other Information”). Such Other Information may include:
a. From Your Activity. In an ongoing effort to improve the Website and the Services, we automatically collect certain information when Visitors visit the Website, and when Customers use the Services. Such information includes, without limitation, IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, what sections of the Website Visitors visit, and similar information concerning your use of the Services.
b. From Cookies. We collect information using “cookie” technology. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit. We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Services. If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, the Services may not function properly.
The Information Collected by or Through Third-Party Advertising Companies
How We Use and Share Information
You authorize us to use the Personal Information, Wellness Information, Order Information and the Other Information (collectively, the “Information”) to provide and improve the Website and the Services; to solicit your feedback; and to inform you about our products and services and those of our promotional partners.
You also authorize us to use and/or share Information as described below.
• Agents, Providers and Related Third Parties. We may engage other companies and individuals to perform certain business-related functions on our behalf. Examples may include providing technical assistance, order fulfillment, customer service, and marketing assistance. These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law. We may also share your Information with any of our parent companies, subsidiaries, or other companies under common control with us.
• Aggregated Information. In an ongoing effort to better understand our Visitors, and Customers, we may analyze Personal Information with Other Information in anonymized and aggregate form in order to operate, maintain, manage, and improve the Website and the Services and for our own research purposes. This aggregate information does not identify you personally.
• Business Transfers. As we develop our businesses, we might sell or buy businesses or assets. In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
• Legal Requirements. We may disclose your Information if required to do so by law, or in the good faith belief that such action or disclosure is necessary or appropriate to: (i) operate the Platform, (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability, (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents or licensors, or (iv) protect the personal safety of vendors, users of the Platform or the public.
We know how important it is to keep the Information you’ve entrusted to us confidential. We will not rent, sell or share your Information with third parties except as specifically approved or under the circumstances described above. If you do not want us to use or disclose Information collected about you in the ways identified in this policy, you should not use the Website or Services.
How We Protect Your Information
We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction. Please understand, however, that no security system is impenetrable. We follow generally accepted industry standards to protect the Information submitted to us, both during transmission and once we receive it. However, we cannot guarantee the security of our databases, nor can we guarantee that the information you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Platform may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.
Accessing and Modifying Information and Communication Preferences
When registering with our Website, customers may opt out of having their Information used for purposes not directly related to the provision of goods or services through our Website. Customers may also access, remove, review, and/or make changes to the same by following the instructions found on the Website. In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Nutrigene marketing e-mail. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases. Customers cannot opt out of receiving transactional e-mails related to their account with Nutrigene.
Important Notice to Non-U.S. Residents
The Website, the Services, and their servers are operated in the United States. Please be aware that your information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction. If you are located outside the United States and choose to use the Website and/or the Services, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere.
Under California Civil Code Section 1798.83, California residents who have an established business relationship with Nutrigene may choose to opt out of our sharing their Personal Information with third parties for direct marketing purposes. If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an e-mail to [email protected]
In addition, Nutrigene does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.
We will retain your information for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.
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