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HEALTH DATA NOTICE FOR WASHINGTON & NEVADA RESIDENTS

Last Updated: March 27, 2024

This Health Data Notice (“Health Data Notice”) governs the websites (each a “Site”), apps (each an “App”), offline locations or services (collectively, the “Services”) owned and operated by Nestlé Health Science U.S., or its affiliates and subsidiaries (referred to herein as “Nestlé Health Science,” “we,” “us,” or “our” as applicable) that display, reference, or link to this Health Data Notice. This Health Data Notice supplements our Privacy Policy and applies to “Consumer Health Data” subject to Washington and Nevada privacy laws (collectively, “health data privacy laws”).

CONSUMER HEALTH DATA WE COLLECT

We collect the following categories of Consumer Health Data:

  • Information about your health-related conditions, symptoms, status, diagnoses, or testing.
  • Information related to your nutrition and dietary supplement intake, which may also include information concerning your dietary preferences.
  • Information about your bodily functions, reproductive or sexual health, weight and fitness-related goals/activities, and exercise habits/goals.
  • Information that could identify your attempt to seek health related services.
  • Other information that may be used to infer or derive data related to the above or other health information.

SOURCES OF CONSUMER HEALTH DATA

As described further in the “How We Collect Personal Information” section of the Privacy Policy, we collect Consumer Health Data directly from you, from your interactions with our Services, from third parties, including Affiliates (defined below), and from publicly available sources.

WHY WE COLLECT AND USE CONSUMER HEALTH DATA

We may use the categories of Consumer Health Data described above for the following purposes:

Communicating with You. We use Consumer Health Data to respond to your questions and comments when you communicate with us through links or pages in the Services, such as the “Contact Us” feature.

Processing Your Transactions. If you purchase products from us on or through the Services, we use your Consumer Health Data to process your purchase, confirm your order, and deliver the items to you.

Administering the Services. We use your Consumer Health Data to administer the Services and carry out any other business activities.

Abandoned Cart. We use technologies to help keep track of the items you put into your cart, including when you have abandoned your cart, and use this information to determine when to send a cart reminder via SMS or other channels.

Providing You with Personalized Recommendations. If you choose to complete assessments in the Services, we will use your Consumer Health Data to send you personalized product recommendations and other information that may be of interest to you.

Performing Analyses. We use your Consumer Health Data to perform business analyses or for other purposes designed to improve the quality of our business and the Services we offer.

Preventing and Detecting Fraud and Other Crimes. We use your Consumer Health Data to help prevent and detect fraud and other crimes that might be committed using or against the Services. We may use your Consumer Health Data to investigate possible violations of and enforce our contracts.

Managing and Operating Our IT Systems. We use your Consumer Health Data to help us in troubleshooting, testing, maintaining, and protecting our IT systems, including our Sites.

Complying with Legal and Regulatory Obligations. We use your Consumer Health Data to comply with our legal and regulatory obligations, which arise from time to time. We may also use your Consumer HealthData to protect our or others’ rights, privacy, safety or property, and/or that of our affiliates. We do this to protect our business assets and to comply with our legal obligations.

Promotions, Surveys, Sweepstakes, and Message Boards. We use your Consumer Health Data to enable you to voluntarily participate in features such as promotions, surveys, polls, sweepstakes, and message boards in the Services.

Creating Aggregate or Anonymized Information. We use Consumer Health Data you provide to us regarding the Services to provide product feedback to our customers in aggregated form. We may also use aggregate Consumer Health Data to analyze general trends in the use of the Services.

As Otherwise Permitted by Law or as We May Notify You. We may also use Consumer Health Data you provide to us for other purposes as disclosed at the time you provide your information or otherwise with your consent.

WITH WHOM DO WE SHARE CONSUMER HEALTH DATA

As defined by health data privacy laws, we share Consumer Health Data with the categories of third parties listed below. We will obtain your consent before sharing your Consumer Health Data.

Affiliates. We are affiliated with several other health and wellness brands (collectively, our “Affiliates”). We may share your Consumer Health Data with our Affiliates to send you promotions, information about sales and offers, and newsletters in which you have indicated interest and for legal and other business purposes.

Business Partners. We may share your Consumer Health Data with companies with whom we partner to offer goods or services, including jointly provided products, or sweepstakes, contests, and similar and promotions.

Competent Governmental and Public Authorities. We may share your Consumer Health Data with governmental authorities if we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity or a violation of our Terms and Conditions (posted at the footer of our Site) or other contracts.

Third Parties Pursuant to Legal Process. We may share your Consumer Health Data to the extent necessary to respond to subpoenas, court orders, or other legal process; in response to a request for cooperation from law enforcement or a government agency; or to otherwise comply with our other legal and regulatory obligations.

Other Third Parties. We may share your Consumer Health Data when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, including to allow us to pursue available remedies and limit the damage we may sustain. To the extent we share your Consumer Health Data with other third parties, we will do so in accordance with health data privacy laws.

HOW TO EXERCISE YOUR RIGHTS

Health data privacy laws provide covered individuals with certain rights to access, delete, or withdraw consent relating to their Consumer Health Data, subject to certain exceptions.

If you would like to exercise the rights outlined above, please follow the prompts here. We may take steps to verify your identity before responding to your request by asking you a series of questions about your previous interactions with us.

If your request to exercise a right under health data privacy laws is denied, you may appeal that decision by emailing us at [email protected]. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Nevada or Washington State Attorney General, as applicable. NV (https://ag.nv.gov/Complaints/File_Complaint/); WA (https://www.atg.wa.gov/file-complaint).

REVISIONS TO THIS HEALTH DATA NOTICE

We reserve the right, at our sole discretion, to change, modify, add, remove, or otherwise revise portions of this Health Data Notice at any time. When we do, we will post the change(s) on our Services. Your continued use of our products and Services following the posting of changes to these terms means you accept these changes. If we change this Health Data Notice in a material or substantive way, we will provide appropriate notice to you.

HOW TO CONTACT US

If you have any questions or concerns about this Health Data Notice or the practices described herein, you may contact us by email using our online contact form, by calling 1-877-765-4274, or by mail to Nestlé Health Science, Attn: Legal, 1007 US Highway 202/206, Building JR2, Bridgewater, NJ 08807.