PRIVACY POLICY

Please read this Privacy Policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Site or Services. This Policy may change from time to time, as described below in more detail, so please check it regularly and look for communications from us about updates.

What and how we collect:

We collect information our Third-party Providers provide to us to enable your registration, information you provide us with during registration or use of the Site or Services, and information relating to your use of the Site or Services that may identify you specifically (“Personal Information”).

Personal Information may be collected in several ways, including the following:

· Information you provide to us directly by registering for our Site or Services and filling in forms;

· Information you provide when you communicate with us, including via live telehealth sessions;

· Details of search queries and other transactions on the Site or Services;

· Information you post publicly on the Site or Services or share with other users;

· Information you authorize our Third-party Provider to share with us;

· Information collected automatically from you as you use the Site or Services and our social media accounts;

· Information from Cookies, as defined below;

· Information obtained from Contractors, as defined below.

If you register on the Services, or on the Site or through a Third-party Provider, we will create a profile for you that may include Personal Information, including the following:

(a) your email address, username, password, zip code, a validation code, height, weight, gender, age, activity level, weight velocity;

(b) any other profile information you wish to add in the future;

(d) information you share as part of any communication with us or our service providers and business partners, including as part of any live telehealth session; and

(e) user content you enter into our system when using the Site or Services, such as self-reported check-ins, such as whether or not you drank soda, ate fruits and vegetables, ate dessert, or any other information you provide.

We will store any information you communicate to us for use as described in this Privacy Policy. You can choose not to provide us with certain Personal Information, but failure to provide certain information may mean that you cannot use all features of the Site or Services.

In addition, the Site or Services may collect certain information automatically, including, but not limited to, the type of device you use, the IP address of the device you use, your operating system, the type of Internet browsers you use, and information about the way you use the Site or Services.

We use third-party analytics tools to help us measure usage and trends. We collect and combine this data with analytics information from other users so that it cannot reasonably be used to identify any particular individual user.

When you use the Site or Services, we may use GPS technology (or other similar location technology) to determine your current location in order to determine in which city you are located. We will not share your current location with other users or our Third-party Providers unless you publicly share this information, such as by electing to share your location in a post.

What we do with your Personal Information:

Our use of Personal Information

We use your Personal Information to provide you with the Site or Services and customer support, and to improve and adapt the Site or Services. We may also use the Personal Information you provided us to contact you from time to time to provide you with important information, required notices and marketing promotions. Examples of how we use your Personal Information include, but are not limited to:

helping you efficiently access your information after you sign in;
remembering information so you will not have to re-enter it during your visit or the next time you visit the Site or use the Services;
providing personalized content and information to you and others, which could include online ads or other forms of marketing;
improve, test, and monitor the effectiveness of our Site or Services;
developing and testing new products and features;
promoting new products and features to you;
monitoring metrics such as total number of visitors, traffic, and demographic patterns;
diagnosing or fixing technology problems;
automatically updating the Site or Service on your device;
in connection with advertising and other functions as described in “Cookies,” below; and
any other uses with your consent.

Public Postings

Any information you voluntarily disclose in posting to the general Site or your organization’s site Services becomes available to the users included in the Site or your organization or group, depending on your choice at posting. YOUR PUBLIC POSTINGS ARE POSTED AND TRANSMITTED AT YOUR OWN RISK. Any self-reported check in details and personal details will remain private unless you decide to share it publicly. If you have added a social accountability buddy, those individuals will have access to a summary of your healthy eating challenge participation data, but will not be able to see a detailed log of your self-reported healthy eating challenge check-ins. Once you have shared Personal Information or made it public, that information may be viewed and shared by others. We retain the right to moderate and remove any and all posts at any time for any reason.

Disclosure

We will not disclose your Personal Information to third parties without your permission unless provided-for in this Privacy Policy.

We may disclose your Personal Information to our parent company, any subsidiaries, joint venturers, or other companies under common control (collectively, “Affiliates”). We may also disclose Personal Information to our trusted service providers working on our behalf (“Contractors” or “Service Providers”), who will not be authorized to independently use such information. We will require our Affiliates and Contractors to honor this Privacy Policy.

If you are using the Site or Services through one of our third-party partners (e.g. by your doctor, a third-party website, service, application, etc.) (“Third-party Provider”), we may share your Personal Information with such Third-party Provider. WE DO NOT CONTROL THE USE OF YOUR PERSONAL INFORMATION BY ANY THIRD-PARTY PROVIDER. The Third-party Provider’s use of such Personal Information will not be covered by this Privacy Policy, but will instead be subject to such Third-party Provider’s privacy policy and/or other terms you agree upon with the Third-party Provider. We disclaim all liability and responsibility for any Third-party Provider’s use of your Personal information, and you agree to look solely to the Third-party Provider with any questions, complaints, or other issues related to such Third-party Provider’s use of your Personal Information.

Some of our Third-party Providers or Contractors may be subject to the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) or other privacy laws. HIPAA may apply to some of the information we share with such third parties. In that case, such data will be shared subject to a written agreement that sets forth each company’s HIPAA obligations regarding the relevant information.

We may disclose your Personal Information to a company that merges with us, acquires us, or purchases our assets, in which case such company may continue to process your Personal Information as set forth in this Privacy Policy. In such an event, we will take steps to notify you via the email address you provided to us and/or a prominent notice on our Site that a change in use, ownership or control of your Personal Information has occurred (advising you in such case of any choices you may have regarding such use, ownership or control). We may also disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) resolve disputes, investigate problems, or enforce our rights under this Privacy Policy or any other terms or agreements with you; (b) comply with relevant laws or to respond to requests from law enforcement or other government officials relating to investigations or alleged illegal activity, in which case you hereby authorize us to disclose personal information without subpoenas or warrants served on us; or (c) protect and defend our rights or property or the rights and property of you or third parties including our Affiliates, other users, Contractors, and Third-party Providers. Any new or modified information you provide will be subject to the then-current Privacy Policy and its terms.

We may redact certain data or Personal Information that can identify you and share such anonymized data with other parties. We may also combine your information with other information in a way that is no longer associated with you and share that aggregated information with third parties.

Security:

We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards designed to protect information we process and maintain. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches. It is your responsibility to safeguard the confidentiality of your account credentials.

Data Retention Policy, Managing Your Information:

We will retain User provided data for as long as you use the Site or Services unless we delete information in accordance with a request made under this Privacy Policy. Thereafter, we may store it in aggregate. If you’d like us to delete Personal Information that you have provided via the Services, or delete your account, please contact us at info@dietid.com and we will respond in a reasonable time, but not more than 48 hours if contacted on a normal business day. Please note that some or all of the Personal Information or user-provided data may be required in order for the Site or Services to function properly and that deleting it means you cannot access your account or use the Site or Services.

Children Under the Age of 13

Our Site or Services is not intended for children under 13 years of age. No one under age 13 may provide any information to or on the Site or Services. We do not knowingly collect Personal Information from children under 13. If you are under 13, do not use or provide any information on the Site or Services or through any of its features, register on the Site or Services, make any purchases through the Site or Services, use any of the interactive or public comment features of the Site or Services, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use.

By accessing our Services and becoming a User, you certify that you are over the age of 13 and are fully able and competent to enter into our Terms of Use and its conditions, obligations, affirmations, representations and warranties set forth in those Terms and this Privacy Policy. Should we become aware that we have collected any Personal Information from a user under 13 years of age and we have not received verified written consent from a parent or guardian, we will attempt to block the user from accessing the Site or Services. If a parent or guardian becomes aware that his or her child has provided us with information without their verified consent, he or she should contact us at info@dietid.com. We will delete such information from our files within a reasonable time.

In the process of obtaining parental consent for Users under 13 years of age, we provide parents with a description of the information we collect from our users, how that information is used, who that information may be shared with, what type of information may be made public, and how a parent may access their child’s personal information or request that their child’s account be disabled.

If a parent grants consent to their child’s use of the Site or Services, that child will have the ability to send and receive communications with users of all ages. We require consent on our website, but we urge children to check with their parents before entering information on any website and we urge parents to discuss with their children restrictions regarding providing personal information to people they do not know online. Parents are responsible for their children’s use of the Site or Services and Parents may review, edit, request the deletion of, or prevent further collection or use of their child’s Personal Information or make any other inquiry regarding this Privacy Policy by sending an email to info@dietid.com.

Cookies and third-party cookies:

We may use a third-party tracking service to track and analyze anonymous information from users of the Site or Services. Such third parties may use Cookies (as defined below) or other techniques to help track user behavior and gather information. This Privacy Policy is only for our Site or Services. We do not control how third parties use Cookies or other techniques, and this Privacy Policy does not apply to such third parties.

We may use Cookies and URLs to gather information about the date and time of your visit and the solutions and information you viewed or searched, which advertisements were displayed, viewed or which advertisements you clicked on.

“Cookies” are small pieces of information that a website sends to your browser while you are viewing a website. We may use both session Cookies, which expire once you close your web browser, and persistent Cookies, which stay on your browser until you delete them, to improve your experience in the Site or Services. Persistent Cookies can be removed by following your Internet browser help file directions. If you choose to disable Cookies, you may experience session errors and may need to log-in again for each page you visit in the Site or Services. We may, through our use of Cookies and web bugs, keep you logged into our Site or Services, track your session history, collect your click-stream data, and personalize the Site or Services for you. We may use your usage information to analyze usage patterns to allow us to enhance the Site or Services, improve our internal operations and the content of our software, notify you about updates to our Site or Services, and improve the efficacy of our content and advertisements that may appear in the Site or Services. We may also use your Personal Information (including Cookies) to market our products or Services to you, whether within our Site or Services or elsewhere.

Links:

The Site or Services may contain links to other websites, whose information practices may be different from ours. You could be directed to other web pages or online content through links that are beyond our control. You may also be accessing the Services from Third-party Provider or other third-party websites. These other web pages may set their own cookies, collect information and/or have their own privacy policies. This Privacy Policy only covers information collected by us, and we encourage you to review the privacy policy of any other web site you visit, including third-party sites.

Your consent to processing:

By using the Site or Services, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Process,” means using cookies on a computer/hand held device, or using or touching information in any way, including, but not limited to, collecting, storing, deleting, using, combining and disclosing information, all of which activities will take place in the United States. If you reside outside the United States, your information will be transferred,

Processed and stored there under United States privacy standards.

How we communicate with you:

We may send you communications via email about the Site or Services. You can opt out of receiving certain communications from us by clicking the “Unsubscribe” link at the bottom of each email. Even if you unsubscribe or opt-out, we may still have to contact you at your subscribed email address about important information regarding your account, transactions, or matters relating to this Privacy Policy.

U.S. Governing Law:

We are established and maintained in the United States (“U.S.”), meaning that you are accessing a network in the U.S. We are governed by and operated in accordance with the laws of the U.S. and we make no representation that the Site or Services is governed by or operated in accordance with the laws of other nations. Please be aware that all Personal Information or other information you provide to us or we obtain as a result of your use of the Site or Services will be collected in or transferred to the U.S. and processed there. By using the Site or Services and/or providing us with your Personal Information or other information, you (i) consent to the transfer, Processing and/or storage of any Personal Information and other information you provide to us as provided for in this Privacy Policy, (ii) acknowledge that U.S. law provides a lower standard of protection for personal data than the laws of various countries including, but not limited to, the European Union and (iii) understand that we will collect, transfer to, process and/or store and deal with your Personal Information and other information in accordance with this Privacy Policy and U.S. law. Consequently, you waive any claims that may arise under the laws and regulations that apply to you in or of any other country or jurisdiction.

California Privacy Rights:

California residents may have additional rights regarding their “personal information.” Please see our California Privacy Notice for more details.

Notification of Changes:

We will inform you of any changes or revisions to the Privacy Policy by posting a notice at https://www.dietid.com or otherwise, so you can always be aware of what information we collect, how we use it, and under what circumstances we disclose it. We will use any information in accordance with the Privacy Policy in force at the time we collected the information. Your continued use of the Services after an update to the Privacy Policy constitutes your consent to the updated terms contained in the Privacy Policy.

If you have questions, please email us directly at info@dietid.com.

Effective Date (Last Revised): March 15, 2022