Terms Of Use
Welcome to Nutrisense
Welcome to the Nutrisense nutritional program for individuals wanting to optimize their health (the “NutriSense Program”), accessible at www.nutrisense.io (the “Site”) or through NutriSense’s mobile application (the “Mobile App”). The Nutrisense Program, the Site (and the other websites we own or operate, including, without limitation, www.nutrisense.io) and the Mobile App shall be collectively referred to herein as the “Services”. Please read these Terms of Use (the “Terms”) and our Privacy Policy (www.nutrisense.io/privacy-policy) carefully before using the Services because they govern your use of the Services. By accessing or using the Services, you agree to be bound by these Terms.
These Terms constitute a binding legal agreement between you and Nutrisense, Inc. (“Company”, “we” or “us”). If you have been authorized to, and are helping another person apply for and/or use the Services, these Terms constitute a legally binding agreement between both the helper and the person being helped and Company.
IF YOU ARE NOT WILLING TO BE OR CANNOT BE BOUND BY THESE TERMS, THEN YOU MAY NOT ACCESS, BROWSE OR USE THE SERVICES. MOREOVER, WE DO NOT AND WILL NOT GRANT YOU ANY RIGHT OR LICENSE TO ACCESS, BROWSE OR USE THE SERVICES WITHOUT YOUR WILLINGNESS AND ABILITY TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN.
We reserve the right, at our discretion, to modify, replace, update or change any of these Terms at any time and for any reason. Any changes, revisions or modifications to these Terms shall become effective upon posting by the Company on the Site, the Mobile App, via the Service or by sending you an email or other notification. It is your responsibility to check these Terms periodically for changes. By continuing to use the Services, you agree to accept all such changes, revisions or modifications to the Terms.
If you accept these Terms but later decide that you want to terminate your account, please contact Customer Support at [email protected], and we will verify and complete your request.
1. Applicability of These Terms
Your access to and use of the Services is expressly conditioned on your acceptance of and compliance with these Terms. These Terms apply to all users of the Services. If you do not agree with these Terms, you are not authorized to access or use any portion of the Services in any manner or for any purpose.
Your use of any Services with which we may be affiliated may be subject to additional terms, including terms and conditions provided by a third party. If you do not agree with any of these additional terms and conditions, you are not authorized to use the Services subject to such additional terms.
In order to receive the Services, you must register as more fully described below in the section entitled “Registration.” The Services are available only to individuals who (1) are at least 18 years old, and (2) meet the applicable clinical enrollment criteria. You represent and warrant that you have the right, authority and capacity to enter into these Terms and are at least 18 years old. In addition, you represent and warrant that (1) all registration information that you submit or that is submitted on your behalf is complete, accurate and truthful, and (2) in the event that you allow a third party to assist you in providing any information, including in completing the application and submitting any registration information to us, you have reviewed and confirmed that all such registration information is complete, accurate and truthful prior to its submission to us.
Company may, in its sole discretion, refuse to offer the Services to any person or entity and change our clinical enrollment criteria for the Nutrisense Program at any time for any reason. This provision is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Company reserves the right, at its discretion, to change, modify, replace suspend, or discontinue the Services or any component thereof (including without limitation, the availability of any feature, specification, database, or content) at any time and for any reason. Company will not be liable to you for any such change, modification, replacement, suspension or discontinuation of your rights to access and use the Services. Company may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability.
2. Our Services
As part of the Services, we offer digital nutritional counseling programs for individuals wanting to optimize their health.
Our Services may include, without limitation, the following:
- The ability to create, upload, transmit, display and access health information shared by you and others through our Services, augmented with information collected about you through authorized third parties (e.g., trackers such as Fitbit and Apple or, if applicable, continuous glucose monitors, glucometers and blood pressure cuffs that are considered by the FDA to be medical devices);
- The ability to build, maintain and enable your participation in an online community related to your participation in the Services and your health goals;
- Access to other information about Company and our products and/or services through the various websites we own and operate, including, without limitation, the NutriSense.io website and domain name, and any other features, content or applications offered from time to time by Company in connection therewith;
- The ability to interact with relevant Company personnel in a timely and effective manner from the time of your initial application for the Nutrisense Program and throughout the course of your access to and use of the Services, including but not limited to Company’s health coaches and customer support team;
- The ability to interact with other users of our Services from the time of your registration in the Nutrisense Program and throughout the course of your access and use of our Services;
- The ability to interact with your other healthcare providers, friends or family so that they can understand how you use the Services.
You may use the Site and/or the Mobile App to access and use the Nutrisense Program. In order to access and use the Mobile App, you must download it from a digital distribution platform, such as the Apple App Store or Google Play (the “Mobile App Provider”). You acknowledge and agree that: (i) these Terms are entered into between you and us, and not with the Mobile App Provider, and that we are solely responsible for the Mobile App (not the Mobile App Provider); (ii) the Mobile App Provider has no obligation to furnish any maintenance and support services with respect to the Mobile App; (iii) the Mobile App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the Mobile App or your possession and use of the Mobile App, including, but not limited to: (a) product liability claims, (b) any claim that the Mobile App fails to conform to any applicable legal or regulatory requirement, and (c) claims arising under consumer protection or similar legislation; (iv) in the event of any third party claim that the Mobile App or your possession and use of that Mobile App infringes that third party’s intellectual property rights, we will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms; and (v) you must also comply with all applicable third party terms of service when using the Services.
3. No Medical Advice
THE SERVICES DO NOT INCLUDE THE PROVISION OF ANY MEDICAL ADVICE OR TREATMENT BY COMPANY. THE SERVICES ARE NOT INTENDED TO BE AND DO NOT CONSTITUTE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT AND ARE OFFERED FOR INFORMATIONAL PURPOSES ONLY. RATHER, THE SERVICES ENABLE REGISTERED USERS TO ACCESS DIGITAL CONTENT AND HEALTH COACHING TOOLS AND RESOURCES, INCLUDING A HEALTH COACH WHO MAY PROVIDE YOU WITH LIMITED WEB-, TELEPHONE-, SMS-, OR EMAIL-BASED SUPPORT. COMPANY DOES NOT EMPLOY OR CONTRACT WITH PHYSICIANS TO PROVIDE MEDICAL CARE TO YOU - COMPANY’S HEALTH COACHES ARE NOT LICENSED PHYSICIANS OR LICENSED HEALTH CARE PROVIDERS. WHILE THE SERVICES PROVIDE INFORMATION, COMPANY CANNOT AND DOES NOT DIAGNOSE YOUR HEALTH CONDITIONS OR OTHERWISE PROVIDE YOU WITH ANY MEDICAL ADVICE OR TREATMENT. ANY CONTENT PROVIDED OR ACCESSED THROUGH THE SERVICES, INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY OUR PERSONNEL, IS FOR INFORMATIONAL PURPOSES ONLY. THIS CONTENT SHOULD NOT BE USED DURING A MEDICAL EMERGENCY OR FOR THE DIAGNOSIS OR TREATMENT OF ANY MEDICAL CONDITION.
ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS REGARDING YOUR MEDICAL CONDITION OR THE USE (OR FREQUENCY) OF ANY MEDICATION OR MEDICAL DEVICE, CHANGING YOUR DIET OR COMMENCING OR DISCONTINUING ANY COURSE OF TREATMENT. DO NOT USE THE SERVICES AS A SUBSTITUTE FOR CONSULTING WITH YOUR PHYSICIAN OR OTHER HEALTHCARE PROVIDER, AND DO NOT DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF ANY INFORMATION RECEIVED IN CONNECTION WITH OUR SERVICES. IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 IMMEDIATELY.
TO THE EXTENT YOU RECEIVE MEDICAL CARE IN CONJUNCTION WITH OR CONSEQUENT TO THE SERVICES, YOUR TREATING MEDICAL PROFESSIONAL IS RESPONSIBLE FOR OBTAINING YOUR INFORMED CONSENT TO ANY MEDICAL DIAGNOSIS OR TREATMENT, INCLUDING WITHOUT LIMITATION, YOUR CONSENT TO USE TELEMEDICINE IN THE COURSE OF YOUR TREATMENT TO THE EXTENT SUCH CONSENT IS REQUIRED BY APPLICABLE LAW. THIS DIAGNOSIS OR TREATMENT IS SEPARATE FROM AND UNRELATED TO THE SERVICES PROVIDED BY COMPANY. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY PARTICULAR DRUG OR TREATMENT IS SAFE, APPROPRIATE, OR EFFECTIVE FOR YOU. COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY ADVICE, COURSE OF TREATMENT, DIAGNOSIS OR ANY OTHER INFORMATION, SERVICES OR PRODUCTS THAT YOU MAY OBTAIN IN CONNECTION WITH OR AS A RESULT OF USING THE SERVICES.
4. No Emergency Services
THE SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY OR TIME-CRITICAL CALLS OR COMMUNICATIONS TO ANY TYPE OF HOSPITAL, LAW ENFORCEMENT AGENCY, MEDICAL CARE UNIT, OR ANY OTHER KIND OF EMERGENCY OR TIME-CRITICAL SERVICE.
THE SITE, THE MOBILE APP AND THE SERVICES ARE FOR NON-EMERGENCY PURPOSES ONLY. DO NOT ATTEMPT TO ACCESS EMERGENCY CARE THROUGH THE SITE, THE MOBILE APP OR THE SERVICES. IF AT ANY TIME YOU ARE CONCERNED ABOUT YOUR CARE OR TREATMENT, OR IF YOU THINK YOU HAVE A MEDICAL EMERGENCY, CALL 911 OR GO TO THE NEAREST OPEN EMERGENCY ROOM IMMEDIATELY.
If Company becomes aware of or contemplates an emergency, Company may, at its sole discretion, secure from any licensed hospital, physician, and/or medical personnel (“Emergency Responders”) any emergency treatment deemed necessary by Company for your immediate care. You understand and agree that, in the event that Company does take any action with respect to securing Emergency Responders on your behalf, you, not Company, will be solely responsible for payment of any and all medical services rendered in connection with any such treatment.
5. Privacy and Your Personal Information
Company’s privacy policy is located at www.nutrisense.io/privacy-policy (the “Privacy Policy”) and is expressly incorporated into these Terms. The Privacy Policy discloses Company’s practices regarding the collection, use and disclosure of your personal information that you create, upload, transmit or display while using the Services. By agreeing to these Terms, you are also agreeing to the terms of Company’s Privacy Policy and consenting to the collection, use and disclosure of information provided to Company as set forth herein. For inquiries in regard to the Privacy Policy or to report a privacy-related problem, please contact us at [email protected]
The Services include the ability to connect with a small social network of people wanting to optimize their health BY VISITING OR USING THE SERVICES, YOU CONSENT TO OUR COLLECTION, USE AND DISCLOSURE OF YOUR PERSONAL INFORMATION, INCLUDING HEALTH-RELATED INFORMATION SUCH AS YOUR MEDICAL CONDITIONS, IN ACCORDANCE WITH OUR PRIVACY POLICY. IF YOU DO NOT CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF THIS INFORMATION, YOU SHOULD NOT ACCESS OR USE THE SITE, MOBILE APP OR THE SERVICES.
6. Rules and Conduct
As a condition to using the Services, you agree not to use the Services for any purpose that is prohibited by these Terms. You shall, at all times, abide by all applicable local, state, and federal laws, rules and regulations in accessing and using the Services. The Services (including, without limitation, any Content or User Submissions (both as defined below)) are provided only for your own personal, non-commercial, limited use in accordance with these Terms. You are responsible for all of your activity in connection with the Services. For purposes of these Terms, the term “Content” includes, without limitation, any advertisements, advice, lessons, instructions, suggestions, videos, audio clips, written forum comments, information, posts, comments, materials, data (obtained about you through the Services or from third parties), content, text, photographs, images, software, scripts, art, graphics, logos, button icons and interactive features generated, provided, or otherwise made accessible by or to Company or its partners on or through the Services.
By way of example, and not limitation, you shall not, and shall not permit any third party to, directly or indirectly (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any content on or through the Services, that:
- infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity;
- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, offensive, or profane;
- constitutes unauthorized or unsolicited advertising, junk or bulk email (“spamming”);
- involves commercial activities and/or sales without Company’s prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Company or any third party; or
- impersonates any person or entity, including any employee or representative of Company.
Additionally, you shall not: (a) take any action that imposes or may impose an unreasonable or disproportionately large load on Company’s (or its third party providers’) infrastructure; (b) interfere or attempt to interfere with the proper working of the Services or any activities conducted on or as a part of the Services; (c) bypass any measures Company may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (d) run Maillist, Listserv, any form of auto-responder or “spam” on the Services; or (e) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site, in each case as determined by Company in its sole discretion.
You shall not (a) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction; (b) modify, translate, or otherwise create derivative works of any part of the Services; or (c) copy, rent, lease, distribute, or otherwise transfer any or all of the rights that you receive hereunder. Company reserves the right to remove any User Submissions or Content from the Services at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if Company is concerned that you may have violated these Terms), or for no reason at all. Company also reserves the right to access, read, preserve, and disclose any information as Company reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Company, its users and the public.
7. Registration; Computer Equipment and Internet Services; Consent to Receive Email/Phone Communications
As a condition to using the Services, you will be required to register with Company and select a password and screen name (“Company User ID”). You shall provide Company with true, accurate, complete, and current registration information any time you register to use the Nutrisense Program and maintain and update promptly any changes to such information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account.
You shall not (a) select or use as a Company User ID a name of another person with the intent to impersonate that person; (b) use as a Company User ID a name subject to any rights of a person other than you without appropriate authorization; or (c) use as a Company User ID a name that is otherwise offensive, vulgar or obscene. Company reserves the right to refuse registration or cancel a Company User ID in its sole discretion. You are solely responsible for choosing your Company User ID and for activity that occurs on your account. Additionally, you shall be responsible for setting your account password, as well as maintaining its confidentiality – any sharing, disclosing, permitting access to or otherwise facilitating the use by any person of your user name and password is expressly prohibited. You shall never use another user’s account without such other user’s express permission. You will immediately notify Company in writing of any unauthorized use of your password or account or any other security breach of which you become aware.
As a condition of using our Site and/or Mobile App and participating in the Services, you will be required to provide Company with your email address and phone number as part of registration. As part of the Services, you will receive from us email and other communications (e.g., SMS messages, phone calls and push notifications) relating to your use of our Site, the Mobile App and/or your participation in our Services. By disclosing this contact information or otherwise participating in the Services or sending electronic communications through the Services, including the Site or the Mobile App, you acknowledge and agree that we may send you communications through registered mail, email and other electronic communications, SMS messages, voice calls, push notifications or otherwise, that we determine, in our sole discretion, are related to your use of or participation in the Services. As part of using the Services, you agree to receive all agreements, notices, disclosures and other communications that we provide to you in electronic form and acknowledge that receipt of such documents in electronic form satisfies any legal requirement that such communications be in writing. Your consent to receive electronic notices, disclosures and communications includes (i) any notice, record or other type of communication or information that is provided to you in connection with your application, registration or enrollment in the Services, (ii) all communications and disclosures relating to your access to, use of or participation in the Services and (iii) all communications and disclosures relating to the Services that we are required by law or these Terms to provide to you. Any electronic communications that we send you will be deemed to have been provided on the date that we deliver the electronic communication to you.
With the exception of the Services, you are responsible for obtaining, installing, maintaining and operating all software, hardware or other equipment (collectively, “Systems”) necessary for you to access and use the Services, as well as Internet services via the Internet service provider of your choice and any wireless services your require (the “Connections”). This responsibility includes, without limitation, your utilizing current versions of web-browsers and appropriate encryption, antivirus, anti-spyware, and Internet security software. By checking the checkbox affirming your consent to these Terms, you demonstrate that you can access information that we provide to you by posting electronic communications on the Site or the Mobile App or via email and otherwise confirm that you are able to access and use the Site and the Services and receive emails from us.
In connection with your use of the Services, you understand and acknowledge the following:
- There are certain security, corruption, transmission error, and access availability risks associated with using open networks such as the Connections, and you hereby expressly assume such risks;
- You are responsible for the data security of the Systems used to access the Services and for the transmission and receipt of information using such Systems;
- You have requested access to the Services, made your own independent assessment of the adequacy of the Connections and Systems, and are satisfied with that assessment.
- We are not responsible for any errors or problems that arise from the malfunction or failure of the Connections or the Systems;
- We may enable the use of geolocation services with our Mobile App, and we may use this geolocation information to provide features of the Services and to improve and customize the Services. If you do not want us to use geolocation data from you mobile device, you may set your location preferences on your device accordingly;
WHEN YOU CONTACT US BY EMAIL OR TEXT, WE HAVE NO WAY OF PROTECTING YOUR INFORMATION UNTIL IT REACHES US SINCE EMAIL AND TEXT MESSAGING AND THE COMMUNICATION LINES THAT SUCH COMMUNICATIONS TRAVEL OVER DO NOT HAVE THE SECURITY FEATURES THAT ARE BUILT INTO OUR SERVICES AND MAY NOT BE SECURE. BY SENDING ANY INFORMATION TO US VIA THE SERVICES, EMAIL OR TEXT, OR AGREEING TO RECEIVE ELECTRONIC COMMUNICATIONS FROM US THROUGH THE SERVICES, EMAIL, PUSH NOTIFICATIONS OR TEXT, YOU ACKNOWLEDGE AND ACCEPT ANY RISK AND DAMAGE ARISING FROM DISCLOSURE OF SUCH INFORMATION IN THE COURSE OF TRANSMISSION.
8. Fees and Payment
Company reserves the right to require payment of fees for certain features of the Services. Should you elect to subscribe to such features, you shall pay all applicable fees, as described in the Services in connection with such features. Company reserves the right to change its price list and to institute new charges at any time, upon prior notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
9. Third-Party Websites and Materials
The Services may allow you to display, use, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites (“Third Party Websites”). When you authorize it, we collect information from certain other tools, including but not limited to activity trackers (e.g., a Fitbit device or Apple Watch), digital pedometers, and, if applicable, equipment such as continuous glucose monitor, blood glucose meter or blood pressure measuring tools that are considered by the FDA to be medical devices (“Tools”). The original collection points for these data, as well as any intermediary websites that allow you to authorize us to access such data, constitute Third Party Materials and/or Third Party Websites. When you authorize us to receive this data, we will use it to help deliver the Services and as otherwise described in our Privacy Policy.
When you use any Third Party Materials or access any Third Party Websites, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use and/or privacy policies that apply to such Third Party Materials or Third Party Websites. These Third Party Materials and Third Party Websites are not under Company’s control, and Company is not responsible or liable for the availability, performance, reliability, content, functions, accuracy, legality, appropriateness, services, materials or any other aspect of such Third Party Materials and Third Party Websites. Company is providing these Third Party Materials and links to Third Party Websites for your convenience. The inclusion of any such Third Party Materials or links in the Services does not imply endorsement or recommendation by Company or any association with the third party website’s operators. Company also does not accept any responsibility for technical failures or for unauthorized access of user transmissions by any third parties.
The providers of Third Party Materials and Third Party Websites (each, a “Third Party Service Provider”) may collect and use certain information about you, as specified in their privacy policies and terms of use. Prior to using or providing any information to any Third Party Service Provider, you should review their privacy policy and terms of use. If you do not understand or do not agree to the terms of a Third Party Service Provider’s privacy policy and/or terms of use, you should not use the services.
COMPANY HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY THIRD PARTY SERVICE PROVIDER. IN ADDITION, YOU AGREE THAT COMPANY WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS OR SERVICES PROVIDED BY ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SERVICE PROVIDERS LINKED THROUGH THE SERVICES, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM OR ALLEGED TO HAVE RESULTED FROM YOUR USE OF THIRD PARTY MATERIALS AND THIRD PARTY WEBSITES.
10. Company, Content, Intellectual Property
The Services may allow you to display, use, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites (“Third Party Websites”). When you authorize it, we collect information from certain other tools, including but not limited to activity trackers (e.g., a Fitbit device or Apple Watch), digital pedometers, and, if applicable, equipment such as continuous glucose monitor, blood glucose meter or blood pressure measuring tools that are considered by the FDA to be medical devices (“Tools”). The original collection points for these data, as well as any intermediary websites that allow you to authorize us to access such data, constitute Third Party Materials and/or Third Party Websites. When you authorize us to receive this data, we will use it to help deliver the Services and as otherwise described in our Privacy Policy. .
When you use any Third Party Materials or access any Third Party Websites, you do so at your own risk, and you understand and agree that you are solely responsible for reading and understanding any terms of use and/or privacy policies that apply to such Third Party Materials or Third Party Websites. These Third Party Materials and Third Party Websites are not under Company’s control, and Company is not responsible or liable for the availability, performance, reliability, content, functions, accuracy, legality, appropriateness, services, materials or any other aspect of such Third Party Materials and Third Party Websites. Company is providing these Third Party Materials and links to Third Party Websites for your convenience. The inclusion of any such Third Party Materials or links in the Services does not imply endorsement or recommendation by Company or any association with the third party website’s operators. Company also does not accept any responsibility for technical failures or for unauthorized access of user transmissions by any third parties.
The providers of Third Party Materials and Third Party Websites (each, a “Third Party Service Provider”) may collect and use certain information about you, as specified in their privacy policies and terms of use. Prior to using or providing any information to any Third Party Service Provider, you should review their privacy policy and terms of use. If you do not understand or do not agree to the terms of a Third Party Service Provider’s privacy policy and/or terms of use, you should not use the services.
COMPANY HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY ANY THIRD PARTY SERVICE PROVIDER. IN ADDITION, YOU AGREE THAT COMPANY WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR ANY INFORMATION, SOFTWARE, MATERIALS OR SERVICES PROVIDED BY ANY THIRD PARTIES, INCLUDING WITHOUT LIMITATION ANY THIRD PARTY SERVICE PROVIDERS LINKED THROUGH THE SERVICES, AND YOU AGREE TO ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ANY DAMAGES, LOSS, OR OTHER HARM, WHETHER TO YOU OR TO THIRD PARTIES, RESULTING FROM OR ALLEGED TO HAVE RESULTED FROM YOUR USE OF THIRD PARTY MATERIALS AND THIRD PARTY WEBSITES.
11. User Submissions
The Services provide you with the ability to create, upload, submit (through our Site, the Mobile App, through our personnel or through Third Party Websites or Third Party Service Providers, software, phone, Tools or other resources), disclose, distribute or otherwise post (hereafter, “posting”) content (including, without limitation, personally identifiable information, personal health information, activity tracking, food tracking and sleep tracking), materials, videos, audio clips, written comments, data, text, photographs, software, scripts, graphics, works of authorship or other information related to the Services, including without limitation any feedback or suggestions for improvements, enhancements, or error corrections (collectively, “User Submissions”). You represent and warrant to us that (i) you own all rights, title and interest in and to your User Submissions or are otherwise authorized to grant the rights provided to Company herein, (ii) you will comply with all applicable laws in using the Services, and (iii) doing so will not violate any law or infringe upon or violate the rights of any person or entity.
You consent and grant to Company, its directors, officers, employees, agents, affiliates, representatives, service providers, partners, sublicensees, successors and assigns (the “Company Parties”) a perpetual, irrevocable, non-exclusive, transferable, sub-licensable, royalty-free, worldwide right and license to use, license, modify, reproduce, adapt, publish, translate, transmit, edit, distribute, perform, display, communicate publicly, create derivative works of and otherwise use any User Submissions and incorporate the User Submissions in other works in any form, media or technology. You further acknowledge that the Company Parties shall be entitled to use of the User Submissions in accordance with these Terms without any compensation to you for any exercise of the license granted under this section. You also consent to and permit any user of the Services to access, display, view, store and reproduce any User Submissions that you have made available in any public or group forum within the Services for his or her personal use. Subject to the foregoing, you remain the owner of the User Submissions that you provide to us and retain all rights that may exist in such User Submissions; provided, however, the license you grant herein gives the Company the right to use the User Submissions as described in these Terms, our Privacy Policy, and your ownership rights in such User Submissions cannot interfere with the license you grant to the Company Parties.
If all or a portion of a User Submission constitutes protected health information or personally identifiable information as described in our Privacy Policy. However, we reserve the right under the license you grant us to remove personal identifiers from any and all User Submissions and, once reasonably de-identified, the remaining information shall not be subject to any obligation of confidentiality on our part. You understand and agree that Company owns all right, title and interest in and to all such de-Identified data and may be used for any lawful business purpose without any duty of accounting to you. For example, once de- identified, we may use information from User Submissions in our publications and sales and marketing materials and for product research and development.
By providing you with the ability to post and use User Submissions in delivering the Services, Company is not undertaking any obligation or liability relating to any User Submissions or activity related thereto, nor does Company endorse any such User Submissions or activities. Company cannot guarantee the authenticity of any data which users may provide about themselves through the Services.
You acknowledge that all User Submissions submitted, uploaded, posted, transmitted or displayed are the sole responsibility of the person who made such User Submissions. This means that you are entirely responsible for all User Submissions that you submit, upload, post, transmit or otherwise display to the Services. You agree not to upload, post, transmit, display, perform or distribute any content, information or other materials in violation of any third party’s copyrights, trademarks or other intellectual property or proprietary rights, or rights of publicity or privacy, or in violation of any applicable law, rule or regulation. YOU SHALL BE SOLELY RESPONSIBLE FOR ANY VIOLATIONS OF LAWS AND FOR ANY INFRINGEMENTS OF THIRD PARTY RIGHTS CAUSED BY YOUR USER SUBMISSIONS AND USE OF THE SERVICES.
We do not control the User Submissions uploaded, posted, transmitted or otherwise displayed on our Services by others; therefore, we do not guarantee the accuracy, integrity or quality of any such User Submissions. You understand and agree that you may be exposed to User Submissions that are offensive or objectionable by using the Services. Although we reserve the right, Company has no obligation to monitor the Services, Content, or User Submissions. Company may edit, modify, suspend or remove any User Submission at any time for any reason in Company’s sole discretion without notice to you (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such User Submission, in order to comply with applicable laws or failure to adhere to community standards and conduct guidelines set forth in these Terms or otherwise established by Company), or for no reason at all.
COMPANY DISCLAIMS ANY ACTUAL OR IMPLIED DUTY TO MONITOR USER SUBMISSIONS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY USER SUBMISSIONS OR FOR THE QUALITY OR ACCURACY OF OTHER INFORMATION YOU PROVIDE THROUGH USING THE SERVICES.
In order to use the Services, you are required to create a public profile, which may contain certain identifying information (such as age, profile photos, location, etc.). It is the responsibility of each user to provide current and accurate information, and Company does not, and cannot, investigate information contained in member public profiles or guarantee its accuracy. As a result, Company must assume that information contained in each user public profile is current and accurate. COMPANY DOES NOT REPRESENT, WARRANT OR GUARANTEE THE CURRENCY OR ACCURACY OF ANY INFORMATION PROVIDED BY ANY USER AND HEREBY DISCLAIMS ALL RESPONSIBILITY AND LIABILITY FOR ANY INFORMATION PROVIDED BY USERS IN CONNECTION WITH THEIR USE OF THE SERVICES. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE FOR ANY USER SUBMISSIONS, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR ANY LOSS OR DAMAGES INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS.
12. Termination
Company may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your account. Upon termination of your right to use our Services, including the Site and the Mobile App, or our termination of the Services, all licenses and other rights granted to you by these Terms will immediately terminate.
If you wish to terminate your account, you may do so by following the instructions on the Site or contacting our customer support team at [email protected]. Any fees paid hereunder are non-refundable. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
13. Warranty Disclaimer
Company has no special relationship with or fiduciary duty to you. THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT) ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND ARE WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. COMPANY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SERVICES OR THE INFORMATION, SERVICES AND MATERIALS CONTAINED THEREIN (I) DO NOT ASSUME ANY LIABILITY OR RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, SERVICES AND MATERIALS PROVIDED ON OR THROUGH THE SERVICES AND (II) DO NOT WARRANT THAT: (A) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS OR THE STATED PURPOSE. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
PLEASE NOTE THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. Indemnification
You shall defend, indemnify and hold harmless Company, its affiliates and each of its, and its affiliates employees, contractors, directors, suppliers, representatives and agents from all liabilities, claims, losses, damages and expenses, including reasonable attorneys’ fees, that arise from or relate to: (a) your use or misuse of, or access to, the Services, Content or otherwise from your provision to Company or any of the indemnified parties of any User Submissions or other data; (b) your breach of these Terms; (c) your violation or alleged violation of any applicable foreign or domestic federal, state or local laws, rules and/or regulations; or (d) infringement or alleged infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with Company in asserting any available defenses.
15. Limitation of Liability
IN NO EVENT SHALL COMPANY, ITS AFFILIATES NOR ITS OR THEIR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (INCLUDING, WITHOUT LIMITATION, ANY CONTENT): (A) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING); (B) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION); (C) FOR YOUR USE OR INABILITY TO USE OR RELIANCE ON THE SERVICES OR ANY CONTENT OR OTHER MATERIALS AVAILABLE THROUGH THE SERVICES; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; OR (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES.
THE MAXIMUM LIABILITY OF COMPANY, ITS AFFILIATES AND ITS OR THEIR DIRECTORS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, THIRD PARTY SERVICE PROVIDERS, LICENSORS OR CONTENT PROVIDERS TO YOU FOR ANY AND ALL DAMAGES, LOSSES AND CAUSES OF ACTION SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND THE SERVICES WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU IF YOU RESIDE IN SUCH A JURISDICTION. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN COMPANY AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
NOTHING HEREIN SHALL LIMIT THE POTENTIAL PROFESSIONAL LIABILITY OF A PHYSICIAN OR OTHER LICENSED HEALTHCARE PROVIDER ARISING FROM OR RELATED TO MEDICAL SERVICES THAT YOU MAY RECEIVE IN CONNECTION WITH OR CONSEQUENT TO YOUR USE OF THE SERVICES. WE ARE NOT LIABLE TO ANY PERSON OR USER FOR ANY HARM CAUSED BY THE NEGLIGENCE OR MISCONDUCT OF ANY SUCH LICENSED MEDICAL PROFESSIONAL OR ANY OTHER PARTY.
When using the Services, information will be transmitted over a medium which may be beyond the control and jurisdiction of Company, its customers and/or its vendors. Accordingly, Company assumes no liability for or relating to the delay, unintended access or disclosure, failure, interruption or corruption of any data or other information transmitted in connection with use of the Services.
Any claims against Company arising in connection with your use of the Services must be brought against Company within one (1) year of the date of the event giving rise to such action.
16. International Use
Company makes no representation that the Services are appropriate or available for use in locations outside of the United States, and accessing the Services is prohibited from territories where such Services are illegal. If you access the Services from other locations, you do so at your own initiative and risk and are responsible for compliance with local laws.
17. Governing Law; Dispute Resolution
A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules, and the United States of America. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by binding arbitration in New Castle County, Delaware, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Comprehensive Arbitration Rules and Procedures of JAMS. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts located in the Northern District of California or in a state court in the County of San Francisco, California. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of these Terms, including without limitation, this Section.
18. Integration and Severability
These Terms, the Privacy Policy and any other agreement referenced herein, constitute the entire agreement between you and Company with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Company with respect to the Services. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
19. Miscellaneous
Company shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Company’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. These Terms are personal to you, and are not assignable, transferable or sublicensable by you except with Company’s prior written consent. Company may assign, transfer or delegate any or all of its rights and obligations hereunder without consent. Our licensors and Mobile App Providers may be entitled to enforce these Terms as third party beneficiaries; otherwise, there are no other third-party beneficiaries to these Terms. No agency, partnership, joint venture or employment relationship is created as a result of these Terms. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys’ fees. All notices under these Terms will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service.
20. Digital Millennium Copyright Act Policy
If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want Company to delete, edit, or disable the material in question, you must provide Company with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Company to locate the material; (d) information reasonably sufficient to permit Company to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to Company’s designated agent at:
Attn: Copyright Agent
[email protected]
21. Giveaway Terms & Conditions
View details regarding our current giveaways on the Nutrisense contest and giveaway page.
22. Contact
You may contact Company at the following address:
222 W Merchandise Mart Plaza #1212, Chicago, IL 60654
By email: [email protected]
Effective Date: January 10, 2020
Supplemental Terms of Use
Effective January 10, 2020
Your use of the Services is governed by our Terms of Use. In addition, if the Services that you receive from us include the supply to you by us of one or more of the devices described below (a “Device”), your use of the Services is governed by these Supplemental Terms of Use (the “Supplemental Terms”), which supplement our Terms of Use and are also an agreement between you and Nutrisense, Inc. (“Company”, “we” or “us”). Nothing in these Supplemental Terms changes the Terms of Use, except as expressly provided below.
By using the Services with a Device, you agree to these Supplemental Terms in addition to the Terms of Use. If you are using the Services without a Device, your use of the Services are governed by the Terms of Use only.
1. Continuous Blood Glucose Monitor
When we supply to you a continuous blood glucose monitor (also known as a CGM) as a part of the Services, that CGM will transmit your health information to us through appropriately secure cellular and internet connections. When you first activate the CGM, the device may ask you to read and consent to the device manufacturer’s user agreements (for example, its terms of service and privacy policy) and may prevent you from connecting your CGM to the Services without first consenting to the device manufacturer’s user agreements. Despite any requirement to consent to the manufacturer’s user agreements, the device manufacturer has agreed that, while you are a participant in the Services, the manufacturer’s user agreements will not apply to your use of the CGM to the extent that those terms conflict with Nutrisense’s Terms of Use and Privacy Policy. The manufacturer also has agreed that, while you are a participant in the Services, only NutriSense’s Privacy Policy and not the manufacturer’s privacy policy will apply to your use of the CGM. If you continue to use the CGM after the time that these Supplemental Terms no longer apply to you with respect to the CGM as described in Section 3 below (e.g., your termination or disenrollment from the Services), the device manufacturer’s user agreements will apply in full to your use of the CGM from that point forward.
2. Disenrollment or Termination of Services
If you terminate your account with us or are otherwise disenrolled or terminated from the Services for any reason (e.g., closing your account, losing your eligibility for the Services for any reason or being terminated by us), these Supplemental Terms will cease to apply to you as to the Device that we provided to you.
3. Privacy and Data Collection from Devices
When we supply a Device to you as a part of the Services, your personal health information collected by that Device is collected at our request and our Privacy Policy will apply to such information in accordance with the terms of Sections 1 above.
4. Conflict
To the extent these Supplemental Terms conflict with the Terms of Use (including Section 9, “Third Party Website and Materials”), the terms of these Supplement Terms will control to the extent of the conflict.
Nutrisense contact information:
Last Updated: March 21, 2022
Privacy Policy. United States
Nutrisense, Inc. (referred to herein as “Nutrisense”, “we”, “our”, or “us”) and its affiliates recognizes the importance of protecting the personal information we may collect from visitors, users and any other individual or entity (“Users”, “you”, or “your”). This Privacy Policy applies to the data collection and privacy practices of Nutrisense, and when we collect personal information through your use of the websites, nutrisense.io, nutrisense.com nutrisense.co, nutrisense.us, and other Nutrisense-related sites, software, hardware and applications accessible on or by any top-level Nutrisense domain owned by us, including our mobile application (each, the “Application” or “App” and collectively the “Applications” or “Apps”), through our social media pages that we control, and through email messages that we may send to you (collectively, the “Services”). Please note that this Privacy Policy excludes services that state that they are offered under a different privacy policy.
Our Privacy Policy explains: (1) what information we collect; (2) why we collect it; (3) how we use that information; (4) how we may share it; (5) the choices we offer, including how to access and update information; (6) and the measures we take to keep your information safe. Specifically, our Privacy Policy covers the following topics:
Please familiarize yourself with our privacy practices. By using the Apps or Services, you signify your acceptance of this Privacy Policy. If you do not agree to this Privacy Policy, please do not use the Apps or Services.
Irrespective of which country you live in, you authorize us to transfer, store, and use your information in the United States, and any other country where we operate. In some of these countries, the privacy and data protection laws and rules regarding when government authorities may access data may vary from those in the country where you live. Learn more about our data transfer operations in the “International Transfer” section below. If you do not agree to the transfer, storage and use of your information in the United States, and any other country where we operate, please do not use the Applications or Services.
If you have any questions or comments about this Privacy Policy, please submit a request to [email protected].
When this Privacy Policy Applies
Our Privacy Policy applies to all of the Services offered by Nutrisense or use our Applications, but excludes services that have separate privacy policies that do not incorporate this Privacy Policy.
Our Privacy Policy does not apply to services offered by other companies or individuals, including products or sites that may be displayed to you, or other sites linked from our Applications or Services. Our Privacy Policy does not cover the information practices of other companies and organizations who advertise our Services, and who may use cookies, pixel tags and other technologies to serve and offer relevant ads.
Terms of Service
By accessing or using the Applications in any manner, you also agree to be bound by Nutrisense’ Terms of Service (the “Agreement”). Please read the Agreement carefully. If you do not accept all of the terms and conditions contained in or incorporated by reference into the Agreement, please do not use the Application.
Information We Collect
We collect information, including Personal Information, to provide better services to all our Users. We use the term “Personal Information” to refer to any information that identifies or can be used to identify you. Common examples of Personal Information include: full name, email address, digital identity, such as a login name or handle, information about your device, and certain metadata.
“Sensitive Personal Information” refers to a smaller subset of Personal Information which is considered more sensitive to the individual, such as race, biometric information, physical health information, or gender.
When you use our Services, we collect Personal Information in the following ways:
- Information You Give to Us
- Website
As you evaluate whether Nutrisense is the right technology for you, you may choose to provide us with Personal Information about yourself, including your name and email address by completing forms on our website, or when creating and signing into your account on our Applications. On our Website, we will also collect financial data such as payment card details and bank account numbers in order to process transactions for certain services.
In some instances, you may elect to provide us with location and address information. You may also provide us with Personal Information about yourself when you report a problem or have a question about our services.
The Applications offer interactive and social features that permit you to submit content and communicate with us. You may provide Personal Information to us when you post information in these interactive and social features. Please note that your postings in these areas of the Applications may be publicly accessible or accessible to other Users.
- Mobile Application
Certain information is required when creating an account to use our Services on the mobile application, such as your name, email address, and password.
In addition, in order to improve your experience with the Services, you may choose to provide additional information such as your gender, birthday, height, weight, country location, race, fitness level, sporting activities, eating habits, historical biometric data, and other fitness information. You can choose not to provide certain information, but then you may not be able to register for the Nutrisense or take advantage of some features of the Services.
When your device syncs with Nutrisense’ Application, certain data recorded on your device is transferred from your device to our servers.
Some of this information may be shared with the Apple Health, Google and Andriod Health applications if you were to enable sharing with the Apple Health information. Please note that Apple’s privacy policy governs the processing of any information stored on the Apple Health application
- Information We Obtain from Your Use of Our Services
We collect certain information automatically, such as your operating system version, browser type, and internet service provider. We also collect information about your interaction with the Services, such as creating or logging into your account, or opening or interacting with the Services on Your mobile device. When you use our Application, we automatically collect and store this information in service logs. This includes: details of how you used our Application; Internet protocol address; cookies that uniquely identify your browser, the referring web page and pages visited. We may also collect and process information about your actual location. The information we collect automatically is statistical data and may or may not include Personal Information, but we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties.
- Social Networking
When using our Services or when using certain third-party social networking services (for example, Facebook, Twitter, LinkedIn, Youtube, Instagram, TikTok and Pinterest) (each a “Social Network”), you may have the option to connect your Nutrisense information or activity with that Social Network and its users, and to access certain of your Social Network information, as disclosed to you at the time you consent to the connection. Information we may share with a Social Network may include, but is not limited to, technical information about your Nutrisense activity. Information we may access about you, with your consent, from a Social Network, may include, but is not limited to, your basic Social Network information, your location data, your lists of contacts, friends and followers, and certain information about your activities on the Social Network. If you permit a connection between a Social Network and Nutrisense, we and that Social Network may be able to identify you and to associate information received pursuant to that connection with information we already have about you. We recommend that you familiarize yourself with the privacy policy and privacy control options of any Social Network with which you choose to share information or to connect a Nutrisense Service.
- Cookies and Similar Technologies
We and our partners use various technologies to collect and store information when you visit one of our services, and this may include using cookies or similar technologies to identify your browser or device. We also use these technologies to collect and store information when you interact with services from our partners, such as advertising services. Our third-party advertising and analytics partners include Google and similar partners.
The technologies we use for this automatic data collection may include:
Cookies.
A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our services. For more information about our use of cookies, including details on how to opt-out of certain cookies, please see our Cookie Policy.
Web Beacons.
Pages of our services or our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags and single-pixel gifs) that permit us, for example, to count Users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
Clickstream Data.
Clickstream data is information collected by our computers when you request Web pages from the Applications. Clickstream data may include information such as the page served, the time spent viewing the page, source of the request, type of browser making the request, the preceding page viewed and similar information. Clickstream data permits us to analyze how visitors arrive at the Applications, what type of content is popular, what type of visitors in the aggregate are interested in particular kinds of content on the Applications.
Information Collected Related to California Residents
During the last twelve (12) months, we have collected the following categories of personal information from consumers.
Category
Type of Identifiers We Collect
Collected
A. Identifiers
First and last name, postal address, unique personal identifier, online identifier, Internet Protocol address, email address.
YES
B. Personal information categories listed in the California Customer Records statute (Cal.Civ. Code § 1798.80(e)).
A name, physical characteristics ordescription, address, telephone number,education, employment, employmenthistory and disciplinary action,professional memberships, employeereference checks, trade unionmembership, credit card number, debitcard number, or any other financialinformation, medical information.
YES
C. Protected classification characteristics under California or federal law.
Age, nationality, racial or ethnic origin marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation.
YES
D. Commercial information.
Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
YES
E. Internet or other similar network activity.
Browsing history, search history, information on a consumer's interaction with a website, application logs, device data and registration, social media account information or advertisement.
YES
F. Biometric information.
Physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, heartrate, height, weight, gait, or other physical patterns, and sleep, health, or exercise data.
YES
G. Geolocation Data
Physical location or movements.
YES
H. Sensory data.
Audio, electronic, visual, thermal, olfactory, or similar information.
NO
I. Professional or employment-related information.
Current or past job history or performance evaluations; disciplinary action, professional memberships, employee reference checks, and trade union membership.
NO
J. Inferences drawn from other personal information.
Profile reflecting a person's preferences, behavior, and attitudes.
YES
We obtain the categories of Personal Information listed above from the following categories of sources:
- Directly from our customers or their agents.
- Indirectly from our customers or their agents. For example, through information we collect from our clients in the course of providing Services to them.
- Directly and indirectly from activity on our website (www.nutrisense.io) or applications. For example, from website usage details that are collected automatically. In addition, like many companies, we use “cookies” which are small text files a website can use to recognize repeat users, facilitate the user’s ongoing access to and use of the site and to track usage behavior of, for example, the webpages you visit.
- From social media websites, such as Facebook, Twitter, LinkedIn, YouTube, Instagram, TikTok and Pinterest.
- From third parties that assist us in providing certain transactions and services, even though it appears that you may not have left our Site.
How We Use Personal Information We Collect
We use your Personal Information in ways that are compatible with the purposes for which it was collected or authorized by you, including for the following purposes:
- To present, operate or improve the Application and Services, including analysis of Application activity;
- To inform you about Services and products available from Nutrisense;
- To authorize access to our Applications and Services;
- To validate your identity or verify communications from you;
- To offer and administer programs;
- To customize or tailor your experience of the Services;
- To communicate about, and administer your participation in, special programs, surveys, contests, online campaigns, online programs, sweepstakes, prize draws and other offers or promotions, and to deliver pertinent emails;
- To send you confirmations, updates, security alerts, and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Services;
- For marketing purposes, including but not limited to, facilitating interest-based advertising, creating custom audiences to target online and mobile advertising, sending integrated marketing messages across channels and devices, personalizing email marketing that we send to you, sending you other promotional materials, and notifying you about special promotions, offers, events or opportunities that may be of interest to you;
- To improve our customer service, conduct customer satisfaction, market research, and quality assurance reviews;
- To respond to and support users regarding their use of the Applications and Services;
- To process applications for employment that you submit through the Applications;
- To administer general recordkeeping;
- To comply with all applicable legal requirements;
- To perform data analysis and testing;
- To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts;
- To enforce our Terms of Use and other agreements;
- To investigate possible fraud or other violations of our Terms of Use or this Privacy Policy and/or attempts to harm our Users;
- To resolve disputes;
- To otherwise fulfill the purpose for which the information was provided.
- We and our service providers may use IP addresses to understand the locations from which our Users are accessing the Services. Except where prohibited by applicable law or regulation, we may combine information collected through one source with information obtained through other resources. We also may supplement the information we collect with information obtained from third parties. We will treat any information that we combine with your personal information as Personal Information pursuant to this Privacy Policy.
- We use information collected from cookies and other technologies, to improve your User experience and the overall quality of our services. We may use your Personal Information to see which web pages you visit at our Applications, which website you visited before coming to our Site, and where you go after you leave our Applications. We can then develop statistics that help us understand how our visitors use our Applications and how to improve it. We may also use the information we obtain about you in other ways for which we provide specific notice at the time of collection.
- We will ask for your consent or otherwise update this policy/inform you before using information for a purpose other than those set out in this Privacy Policy.
Our Legal Basis for Collecting Personal Information
We have set out below, in a table format, a description of all the ways we plan to use your Personal Information, and which of the legal bases we rely on to do so. We have also identified what our legitimate interests are where appropriate.
Purpose/Activity
Type of Data
Lawful basis for processing including basis of legitimate interest
- Manage payments, fees and charges
- Collect and recover money owed to us
- Identity (ie data which identifies you)
- Contact (ie your contact details)
- Financial (ie your payment details)
- Transaction (ie the services that you are purchasing)
- Marketing and Communications (ie your direct marketing preferences)
- Performance of a contract with you; and/or
- Necessary for our legitimate interests (effectively managing our business operations)
To provide you with analytical information about your workout through the use of our apps
- Identity (ie data which identifies you)
- Health data (ie data gathered by the sensor for example, your glucose levels)
- Race data (ie your ethnicity)
- Performance of a contract with you; and/or
- To the extent that information we collect is special category of personal data, we rely on your explicit consent to process the data
To manage our relationship with you which will include:
- Notifying you about changes to our terms or privacy notice
- Asking you to leave a review or take a survey
- Identity (ie data which identifies you)
- Contact (ie your contact details)
- Profile (ie your profile as a user of the service)
- Marketing and Communications (ie your direct marketing preferences)
- Performance of a contract with you; and/or
- Necessary to comply with a legal obligation
- Necessary for our legitimate interests (to keep our records updated and to study how customers use our products/services) or consent in some limited instances.
To enable you to partake in an event, prize draw, competition or complete a survey
- Identity (ie data which identifies you)
- Contact (ie your contact details)
- Profile (ie your profile as a user of the service)
- Usage (ie metrics on your use of the sensor and application)
- Marketing and Communications (ie your direct marketing preferences)
- Performance of a contract with you; and/or
- Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business); and/or
- Consent (in some limited instances)
To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)
- Identity (ie data which identifies you)
- Contact (ie your contact details)
- Technical (ie data related to your use of the sensor or application)
- Necessary for our legitimate interests (for running our business, provision of administration and IT services, network security, to prevent fraud and in the context of a business reorganization or group restructuring exercise); and/or
- Necessary to comply with a legal obligation
To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you
- Identity (ie data which identifies you)
- Contact (ie your contact details)
- Profile (ie your profile as a user of the service)
- Usage (ie metric son your use of the sensor and application)
- Marketing and Communications (ie your direct marketing preferences)
- Technical (ie data related to your use of the sensor or application)
- Necessary for our legitimate interests (to study how customers use our products/services, to develop them, to grow our business and to inform our marketing strategy); and/or
- Consent
To use data analytics to improve our website, products/services, marketing, customer relationships and experiences
- Technical (ie data related to your use of the sensor or application)
- Usage (ie metrics on your use of the sensor and application)
- Necessary for our legitimate interests (to define types of customers for our products and services, to keep our website updated and relevant, to develop our business and to inform our marketing strategy); and/or
- Consent
To make suggestions and recommendations to you about goods or services that may be of interest to you
- Identity (ie data which identifies you)
- Contact (ie your contact details)
- Technical (ie data related to your use of the sensor or application)
- Usage (ie metrics on your use of the sensor and application)
- Profile (ie your profile as a user of the service)
- Necessary for our legitimate interests (to develop our products/services and grow our business); and/or
- Consent
To evaluate potential employee candidates and conduct hiring decisions
- Employment history(ie previous places you have worked)
- Educational background (ie details about your educational qualifications)
- Professional memberships (ie details about your professional memberships)
- Trade union membership
- Employee reference checks
- Necessary to comply with a legal obligation; and/or
- To the extent that information we collect is special category of personal data, we rely on your explicit consent to process the data
Provided that, in each circumstance, we will weigh the necessity of our processing for the purpose against your privacy and confidentiality interests, including taking into account your reasonable expectations, the impact of processing, and any safeguards which are or could be put in place. In all circumstances, we will limit such processing for our legitimate business interest to what is necessary for its purposes.
Your Failure to Provide Personal Information
Your provision of Personal Information is required in order to use certain Services and programs. In some instances, if you fail to provide such Personal Information, you may not be able to access and use our Services, or parts of our Services.
Our Retention of Your Personal Information
We use and retain your Personal Information for as long as necessary to fulfill the purpose for which it is being processed, to carry out legitimate business interests, as well as on the basis of applicable legal requirements (such as applicable statutes of limitation).
After expiry of the applicable retention periods, your Personal Information will be deleted. If there is any data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such data.
Right to Delete Your Data.
1. If you are a resident of California, you may request the deletion of your Personal Information by clicking on the link below. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
Nutrisense Privacy Request Form
Sharing Personal Information
Nutrisense may disclose your Personal Information to commercial providers for a business purpose. When we disclose Personal Information for these reasons, we enter into a contract that describes the purpose and requires the recipient to both keep that Personal Information confidential and not use it for any purpose except for the purposes set forth in the contract. We may also share fully anonymized statistical data with our partners.
We disclose your Personal Information for a business purpose to the following categories of third parties:
- Our affiliates;
- Service providers and other third parties we use to support our business, including without limitation those performing core services (such as billing, credit card processing, customer support services, customer relationship management, accounting, auditing, administering sweepstakes, surveys, advertising and marketing, analytics, email and mailing services, data storage, and security) related to the operation of our business and/or the Services, and making certain functionalities to our Users;
- Commercial sensor providers;
- Enterprise accounts;
- Third parties to whom you or your agents authorize us to disclose your Personal Information in connection with the services we provide to you.
We may disclose your Personal Information for legal reasons. Specifically, we will share Personal Information with companies, organizations or individuals outside of Nutrisense if we have a good-faith belief that access, use, preservation or disclosure of the information is reasonably necessary to:
- Fulfill any purpose for which you provide it;
- Meet any applicable law, regulation, legal process or enforceable governmental request;
- Enforce applicable Terms of Service, including investigation of potential violations;
- Detect, prevent, or otherwise address fraud, security or technical issues;
- Protect against harm to the rights, property, assets or safety of Nutrisense, our Users or the public, content found on the Services, or to protect the Services from unauthorized use or misuse, as required or permitted by law;
- Facilitate a business transfer, such as to a buyer or other successor in the event of merger, acquisition, consolidation, divestiture, change in control, dissolution or other sale or transfer of some or all of Nutrisense' assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which Personal Information held by Nutrisense about its Users will be among the assets to be transferred, and any such successor may use your information for the same purposes set forth in the Privacy Policy.
- For any other purpose disclosed when you provide the information; and,
- When we obtain your consent to do so.
We attempt to notify you about legal demands for your Personal Information when appropriate in our judgment, unless prohibited by law or court order or when the request is an emergency. We may dispute such demands when we believe, in our discretion, that the requests are overbroad, vague or lack proper authority, but we do not promise to challenge every demand.
Sale of Personal Information
We do not sell any Personal Information.
Your Privacy Choices
You may have certain rights relating to your Personal Information, subject to local data protection law. Whenever you use our services, we aim to provide you with choices about how we use your Personal Information. Subject to applicable law, you may obtain a copy of Personal Information we maintain about you. In addition, if you believe that Personal Information we maintain about you is inaccurate, subject to applicable law, you may have the right to request that we correct or amend the information by contacting us as indicated in the “How to Contact Us” section below. To help protect your privacy and maintain security, we will take steps to verify your identity before granting you access to the information.
Privacy Rights Specific to California Residents
Under the California Consumer Privacy Act, California residents have specific rights regarding their personal information. This section describes Californians’ rights and explains how California residents can exercise those rights.
Below we further outline specific rights which California residents may have under the California Consumer Privacy Act.
- Right to Access Your Data. You have the right to request that we disclose certain information to you about our collection, use and disclosure of your Personal Information over the past twelve (12) months. Any disclosures we provide will only cover the 12- month period preceding the receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable.
- Right to Data Portability. You have the right to a “portable” copy of your Personal Information that you have submitted to us. Generally, this means you have a right to request that we move, copy or transmit your Personal Information stored on our servers or information technology environment to another service provider’s servers or information technology environment.
- Right to Delete Your Data. You have the right to request that we delete any of your Personal Information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your Personal Information from our records, unless an exception applies.
- Right to Non-Discrimination for the Exercise of Your Privacy Rights. You have the right not to receive discriminatory treatment by us for exercising your privacy rights conferred by the California Consumer Privacy Act.
Exercising Your Rights
If you are a California resident who chooses to exercise your rights, you can submit a request via the Nutrisense Privacy Request Form.
Our Response to Your Request
Upon receiving your request, we will confirm receipt of your request by sending you an email confirmation of receipt. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. In some instances, such as a request to delete personal information, we may first separately confirm that you would like for us to in fact delete your personal information before acting on your request.
We will respond to your request within forty-five (45) days. If we require more time, we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option.
In some cases our ability to uphold these rights for you may depend upon our obligations to process Personal Data for security, safety, fraud prevention reasons, compliance with regulatory or legal requirements, listed below, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.
We may deny your deletion request if retaining the information is necessary for us or our service providers to:
- 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]