Privacy Policy

Please carefully review this Privacy Statement and our Terms of Use and Service https://www.dnadietplan.com/us/terms-and-conditions/ (“Terms”). By using our Services (as defined in the Terms), you acknowledge all of the policies and procedures described in the foregoing documents. If you do not agree with or you are not comfortable with any aspect of this Privacy Statement or our Terms you should immediately discontinue use of our Services.

1. Introduction and who we are.

This Privacy Statement applies to information that Digital Wellness US LLC and its parent, subsidiary and affiliate entities worldwide ("Digital Wellness", "we", "our" or "us") collect about you on or through www.dnadietplan.com or one of our other website, applications or other Services from which you are accessing this Privacy Statement (each referred to herein as a “Site” and collectively, the “Sites”).

We collect, process, use, share and store your “Personal Information” as you use our Sites and Services. For the purposes of this Privacy Statement, “Personal Information” means information that can be used to identify you, including but not limited to your name, postal address, email address, or telephone number, and for European residents subject to the General Data Protection Regulation (GDPR), any information relating to an identified or identifiable natural person (“data subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. For GDPR purposes, the special categories of Personal Information concerned are: Racial, Ethnic Origin, and Other.  The Personal Information we collect is stored and/or controlled by Digital Wellness in the USA and/or the relevant local corporate affiliate(s).

This Privacy Statement describes how we may collect, use, process, store and share Personal Information that we obtain about you directly or indirectly and in accordance with applicable data privacy laws.  In addition, we have a Cookie Policy, described in section 12 below, that describes our use of browser cookies and similar tracking technologies which is considered a part of this Privacy Statement, a description of privacy rights for California residents in section 21 and a description of our uses and disclosures of Personal Information which pertains to an individual’s health or medical status, treatment, or condition, an individual’s health insurance or payment for health care services (“Health Information”) in section 11.

Where you use our Services, or your Personal Information is processed in connection with such Services,  we will be the data controller of such information.

We may share and use your Personal Information with our parent, subsidiary and affiliate entities for use in connection with their websites and their Services.  We may share your Personal Information with third parties for their direct marketing purposes as further described below as long as it does not contain any of your Health Information.  If Digital Wellness becomes involved in a merger, acquisition, asset sale, or similar transaction, such as a sale of a particular product line or division of our business, Digital Wellness may share or transfer your Personal Information in connection with the transaction and your Personal Information may become subject to the privacy policy of another entity.

This Privacy Statement does not apply to, and we are not responsible for, any third party websites which may be accessible through links from this website (please see section 22 below for more information.)

2. Scope of Privacy Statement.

This Privacy Statement explains and describes:

  • When this Privacy Statement applies.
  • The types of Personal Information we collect.
  • How we use the Personal Information we collect.
  • How and when we may disclose Personal Information that we collect.
  • How we may use or disclose your Health Information.
  • How we protect your Personal Information and keep it secure.
  • What cookies are and how we use them.
  • What happens when you access third-party Services and content.
  • Your legal choices and rights.
  • The status of this Privacy Statement and any changes that are made to it.
  • How to request further information.
  • Our contact details.

3. When this Privacy Statement applies.

This Privacy Statement applies:                 

  • to your use of any of our Services;
  • your supply of Services to us where this involves any Personal Information;
  • as a result of your relationship with one or more of our clients; and/or
  • to any information collected from third parties.

Please note that our Services make use of cookies and similar technologies, as described in more detail in section 12 below.

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4. What Information Does Digital Wellness Collect From You?

The table below describes the types of Personal Information we collect from you to provide the Services.

Information category

Use Description

Account Information

  • Your name
  • Your gender
  • An email address
  • Your residential address
  • A password that you provide us when you create an account
  • A cell phone number that you provide, or when you contact Digital Wellness for support issues
  • Information you provide by completing forms (this includes information you give us, submitting material, requesting Services, entering competitions, registering for any of our online offerings or subscribing to our newsletters or other Services).
  • Where our Services require that you enter other information in order to access certain features, we will collect such credentials when you enter them.

Health Information

  • Your Ethnicity.
  • Your body measurements such as weight, waist circumference, height, etc.
  • Your diagnostic data such as blood glucose levels, cholesterol levels, blood pressure.
  • Your DNA data.
  • Your activity tracking such as exercise and food intake.
  • Medical history such as lactose tolerance, allergies, diagnosed diseases and previous operations history.
  • Your lifestyle choices such as sleeping and eating patterns, level of food control and emotional eating history.

Credit Card/Payment Information

  • To use certain aspects of our Services, such as subscribing to our membership Services, we may require credit or debit card account information and your billing and shipping address(es).
  • By submitting your credit or debit card account information through the Services, you expressly consent to the sharing of your credit card or debit account information with third party merchants, subscription and billing processors, and payment processors. These third parties may store your credit or debit card account information so you can use our Services in the future. We do not have your complete credit or debit card account information, store your credit or debit card account information, or have direct control over or responsibility for your credit or debit card account information. While we require that such third party merchants, subscription and billing processors, and payment processors use reasonable procedures to help protect your credit or debit card information, we cannot guarantee that transmissions of your credit or debit card account information or Personal Information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by us or our third-party service providers. We assume no liability or responsibility for disclosure of your information due to errors in transmission, unauthorized third-party access, or other causes beyond our control.

Profile Information

  • We collect the information that you provide when you voluntarily create a user profile. This information may be seen by other Digital Wellness users.
  • Additional personal details that you provide in your profile (for example, a profile image, your name, age, location, etc.), will be visible to other Digital Wellness users.

User Provided Content

  • Information you provide about yourself or other individuals when you voluntarily contribute to the Services.
  • For example, you might contribute details about your or your family’s eating habits or lifestyle.
  • Information you provide to us if you contact us, for example to report a problem with our Services or raise a query or comment.
  • Information you provide when you communicate with us via email or other channels; when you sign up for or request that we send you newsletters, alerts, or other materials; when you sign up for a webinar or event; and when you respond to our communications or requests for information.
  • The information you provide may include current and historical personal data including your name, contact details, title, identification, employment, positions held and inquiry/complaint details and information about the organization with which you are affiliated.
  • We may also collect personal data about your other dealings with us and our clients, including any contact we have with you in person, by telephone, email or online.
  • Information about deceased persons is Personal Information under this Privacy Statement.
  • Your own genetic data that you provide to us that you originally obtained from third parties.

Social Media Information

  • If you use Facebook to log into the Site to use the Services, we collect information from your Facebook profile that you choose to provide to us (for example your Facebook profile information).
  • We may collect information from social media platforms that share information about how you interact with our social media content, and any information gathered through these channels will be governed by the privacy settings, policies, and/or procedures of the applicable social media platform, which we strongly encourage you to review.

Additional User Information

Information that you provide to us when you answer email surveys or online questionnaires offered through the Services.

Contests and Promotions

Personal Information when you voluntarily participate in contests, competitions, live chats, message boards and special promotions we run through our Services.

5. What Information Does Digital Wellness Collect Through Your Use of the Services?

Information category

Use Description

Computer and Mobile Device Information

Information about how you access our Services, including the website you visited before and after Digital Wellness’s Site.

The Internet protocol (“IP”) address of your computer, mobile device, or the proxy server that you use to access the Internet, in addition to other technical information, such as:

  • Your computer operating system, and
  • Your web browser.
  • Your mobile device identifier provided by your mobile device operating system and your mobile operating system.
  • The name of your internet service provider or mobile carrier.

Information from Cookies and similar technologies

Cookies and similar technologies as described in our cookie policy below. Please refer to our cookie policy to learn about our practices and the controls we provide you.

Information shared through social media features

If you interact with social media through the Services, for example “Like,” “Tweet,” “Pin,” or “Follow Us” links to sites such as Facebook, Twitter, Pinterest, Instagram, and YouTube, Digital Wellness will collect these interactions and whatever account information these Services make available to us.

Your interactions with these features are governed by the privacy statement of the applicable third party company.

Information from your use of the Services

Information about your use of the Services, such as when you search or access information or orders, which pages you view or links you click on, or when you add people to your tree, etc.

6. Information We Collect From Other Sources.

Information category

Use Description

Information from Public and Historical Records

Digital Wellness collects records from various sources, usually from official record sources, including newspapers, as well as birth, death, and marriage records, which may contain Personal Information relating to you. These records are generally part of Digital Wellness’s subscription Services.

Information from Third Parties

We may also receive information about you from third parties. For example, we may supplement the data we collect with demographic information licensed from third parties in order to personalize the Services and our offers to you.  We may also collect Personal Information from regulatory authorities, credit reporting agencies, information or service providers, publicly available records, and the third parties described in section 8 (Disclosure of your information) below. 

If you purchase a gift subscription, we will collect Personal Information to complete the gift and notify the recipient.

7. How we use your Personal Information.

We may use the information we collect from and about you (including Personal Information) for a variety of purposes, including but not limited to the following:

  • To provide you with Services (as noted above) that you request.
  • To fulfill your requests for products and Services and to keep you informed about your orders.
  • To respond to your inquiries.
  • Subject to your communications preferences and, where required by applicable law, subject to your consent, to contact you (via postal mail, email and the like) with promotional materials about us, our products, our Services and our events, as well as about select partners.
  • To contact you when necessary or appropriate; where appropriate, for market research and to review and improve our merchandise selections, customer service, online and offline operations and overall shopping experience.
  • To protect the security or integrity of the Sites and our business.
  • To carry out our obligations arising from any contracts entered into between you and us.
  • To facilitate our internal business operations, including to fulfill our legal or regulatory requirements.
  • To maintain and develop our relationship with you.
  • For our business purposes, including data analysis, submitting invoices, detecting, preventing, and responding to actual or potential fraud, illegal activities, or intellectual property infringement.
  • To maintain and update our records including our database of contacts.
  • To provide you on an ongoing basis with information and Services, including relevant marketing communications related to, and other information or materials, that you request from us or which we feel may interest you where you have indicated that you would like to receive these from us.
  • To measure the popularity and effectiveness of Services such as newsletters and seminar invitations, in order to improve what we offer to you and other recipients.
  • To ensure that content from our Services is presented in the most effective and secure manner for you and the device on which you are accessing our Services, and to troubleshoot, and improve such Services.
  • To allow you to use or access interactive features or secure areas of our Services, when you choose to do so.
  • For research, planning, service development, security or risk management.
  • For clinical research to advance the scientific evidence in relation to weight management programs.
  • As we believe reasonably necessary or appropriate to: comply with our legal obligations; respond to legal process or requests for information issued by government authorities or other third parties; or protector your, our, or others’ rights.
  • As directed by you pursuant to a written consent form.

If you provide us with information about another person, where permitted applicable by law, we use that information to fulfill your requests and treat such information in accordance with this Privacy Statement.

We (and our service providers) also analyze and use Personal Information and information collected through cookies, web beacons and other tracking technologies, alone and in combination with Personal Information, to assess the behavior of our users, to measure the interest in and use of the Sites and communications, and to customize the Sites and our communications with you. We do this both on an individual basis and in the aggregate.

This table copied below, shows you a description of all the ways we plan to use 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.

Note that we may process your Personal Information for more than one lawful ground depending on the specific purpose for which we are using your data.

If you do not want us to collect your Personal Information, please do not provide it to us. You can update your information or change marketing and subscription settings by accessing your account via the Site. In addition, you can revoke your consent in accordance with the procedures set forth below. 

If you receive an email or other correspondence requesting that you provide any sensitive information (including your Site password or credit card information) via email or to a web site that does not seem to be affiliated with the Site, or that otherwise seems suspicious to you, please do not provide such information, and report such request to us at [email protected].

Purpose/Activity

Type of data

Lawful basis for processing

To register you as a new customer

  • Identity
  • Contact

Performance of a contract with you

To process and deliver your order including:

(a)     Manage payments, fees and charges

(b)     Collect and recover money owed to us

  • Identity
  • Contact Financial
  • Transaction
  • Marketing and Communications

Performance of a contract with you

Necessary for our legitimate interests (including to recover debts due to us)

To manage our relationship with you which will include:

(a)     Notifying you about changes to our terms or privacy policy

(b)     Asking you to leave a review or take a survey

  • Identity
  • Contact
  • Profile
  • Marketing and Communications

Performance of a contract with you

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)

To deliver direct marketing to you

  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing and Communications
  • Tracking
  • Technical

For most direct marketing communications, we rely on consent, however there are situations in which it is in our legitimate interests to use your personal data in this way

To enable you to take part in a prize draw, competition or complete a survey

  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing and Communications

Performance of a contract with you

Necessary for our legitimate interests (to study how customers use our products/services, to develop them and grow our business)

To administer and protect our business and this website (including troubleshooting, data analysis, testing, system maintenance, support, reporting and hosting of data)

Identity

Contact

Technical

Tracking

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)

Necessary to comply with a legal obligation 

Purpose/Activity

Type of data

Lawful basis for processing

To deliver relevant website content and advertisements to you and measure or understand the effectiveness of the advertising we serve to you

  • Identity
  • Contact
  • Profile
  • Usage
  • Marketing and Communications
  • Technical Tracking

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)

To use data analytics to improve our website, products/services, marketing, customer relationships and experiences

  • Technical
  • Tracking
  • Usage

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)

To use aggregate de-identified data in clinical studies to advance evidence and knowledge in the weight management

  • Usage
  • Profile
  • Tracker

Necessary for our legitimate interests to advance the evidenced based science to support weight management solutions

To make suggestions and recommendations to you about goods or services that may be of interest to you

  • Identity
  • Contact
  • Technical
  • Usage
  • Profile

Necessary for our legitimate interests (to develop our products/services and grow our business)

To prevent and detect unlawful acts

  • Identity
  • Contact
  • Financial
  • Transaction
  • Technical
  • Tracking

Necessary for our legitimate interests (to protect our business and our customers by way of undertaking fraud monitoring and suspicious transaction monitoring)

Necessary to comply with a legal or contractual obligation to share personal data for the purposes of law enforcement

In order to resolve legal claims or disputes involving you or us

All relevant data categories, depending on the nature of the allegation or claim

Necessary to bring or defend a claim

8. Disclosure of your information.

We may disclose information we collect (including Personal Information) in the following ways to third parties, to the extent permitted by law:

  • To our service providers and suppliers, who collect or use such information for us or on our behalf (such as website or database hosting companies, address list hosting companies, email service providers, analytics companies, distribution companies, fulfillment companies, and other similar entities that help us to operate the Site and/or provide functionality, content and Services);
  • To Digital Wellness companies and affiliated entities;
  • To auditors and professional advisers like bankers, lawyers, accountants and insurers;
  • As necessary, if we believe that there has been a violation of the Sites’ Terms of Use or any other policy of the Sites, or if we have reason to believe that our rights or property, or the rights or property of any third party, may be or have been harmed;
  • To respond to subpoenas or other judicial processes, or to provide information as requested by law;
  • In the event that Digital Wellness or substantially all of its assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation or other similar corporate reorganization, where your information may be one of the transferred assets;
  • To third party marketers, as permitted by law;
  • To one of our affiliate entities, parent or subsidiary or third-party entities to utilise the de-identified aggregate data collected in pursuit of clinical studies to advance evidence in the weight management arena;
  • When you contribute to a social, community or other publicly available area or feature of the Sites, the information and content that you post may be made available to the general public, depending on your settings (which is why we recommend that you do not submit or post any sensitive Personal Information, such as your full name, home address, phone number or other information that would enable others to contact or locate you); and
  • As we deem reasonably necessary to provide you with the Services that you have required at any particular time.
  • As is relevant in the circumstances to disclose the information to parties with whom we have co-promotional arrangements (such as jointly sponsored events)
  • As is relevant in the circumstances to disclose the information to parties with whom we have co-promotional arrangements (such as jointly sponsored events)
  • To our agents or contractors who assist us in providing our Services require such information, for example in fulfilling requests for information, receiving and sending communications, updating marketing lists, analysing data, providing support Services or in other tasks from time to time. Our agents and contractors will only use your information to the extent necessary to perform their functions.
  • As directed by you pursuant to a written consent form.

We use third party service providers to provide Services that involve data processing, for example archival, web-hosting, analytics providers in connection with the operation of our Services, event hosting, information technology providers, auditing, reference checking, professional advisory (including legal, accounting, financial and business consulting), mailing vendor, delivery, technology, website, research, banking, payment, client contact, data processing, insurance, forensic, litigation support, marketing and security Services. [A full list of such service providers includes Verve, HubSpot, Google, Survey Gizmo, Amazon Web Services, Stripe, PayPal. These may be updated from time to time as we change, add or update our suppliers]

Any third parties that we may share your data with are obliged to keep your details securely, and to use them only to fulfill the service they provide you on our behalf. When such third parties no longer need your Personal Information to fulfill this service, they will dispose of such details in line with our procedures unless they are themselves under a legal obligation to retain information (provided that this will be in accordance with applicable data privacy laws). If we wish to pass your sensitive Personal Information onto a third party we will only do so once we have obtained your consent, unless we are legally required to do otherwise.

Content and information that you submit on or through Facebook, Twitter, Instagram, Tumblr and other third-party platforms may appear on the Site through feeds from and other interfaces with those platforms. We are not responsible for the information, content and/or privacy practices of any such third-party platforms

We also provide anonymous statistical information about users of our websites and related usage information to reputable third parties, including analytics and search engine providers.

We own the database rights in the information collected via our Services. We do not sell, rent, or otherwise share information that reasonably identifies you or your organization with unaffiliated entities for their independent use except as expressly described in this Privacy Statement or with your express prior permission.

We may share information that does not reasonably identify you or your organization as permitted by applicable law.

We may also share data with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your Personal Information in the same way as set out in this Privacy Statement.

9. Retention of your data.

We retain the information we collect no longer than is reasonably necessary to fulfil the purposes that such data was originally collected in accordance with our internal data retention polices or to comply with our legal and regulatory obligations.

A copy of our retention policy is available upon request. Should you wish to review our retention policy then please contact us in accordance with section 27 below.

10. Security.

We take steps to hold information securely in electronic or physical form. 

Our information security policy is supported by a variety of processes and procedures, and we store information in access controlled premises or electronic databases requiring logins and passwords. All employees, officers or contractors of  and third party providers with access to confidential information are subject to access controls and confidentiality obligations, and we require our third-party data storage providers to comply with appropriate information security industry standards.

While we continually strive to ensure that our systems and controls are updated to reflect technological changes, the transmission of information via the internet is not completely secure, and as such we cannot guarantee the security of your data transmitted to our Services which is at your own risk.

If you communicate with us using a non-secure web platform, you assume the risks that such communications between us are intercepted, not received, delayed, corrupted or are received by persons other than the intended recipient. 

Once we have received your information, we will take reasonable steps to use procedures and security features to try to prevent unauthorised access, modification or disclosure. 

You can help us to keep your information secure by ensuring that any user name or password in relation to our Services is kept strictly personal to you and not be made available to any other person.  You should stop using your username and password and notify us immediately if you suspect that someone else may be using your user details or password.

11. Uses and Disclosures of Health Information.

Any Personal Information which is Health Information is subject to the following policies, procedures and restrictions.  If there is any conflict between any of the following policies, procedures and restrictions and other terms, conditions or statements in this Privacy Statement, including those regarding Personal Information, the policies, procedures and restrictions specific to the use and disclosure of Health Information shall govern and control over those applicable generally to Personal Information.

To the extent permitted by applicable law, we may use your Health Information:

  • To provide you with Services (as noted above) that you request.
  • To fulfill your requests for products and Services and to keep you informed about your orders.
  • To respond to your inquiries.
  • To facilitate our internal business operations, including to fulfill our legal or regulatory requirements.
  • For our internal research and compliance purposes, including data analysis, submitting invoices, detecting, preventing, and responding to actual or potential fraud, illegal activities, or intellectual property infringement.
  • To allow you to use or access interactive features or secure areas of our Services, when you choose to do so.
  • To utilise your de-identified health information in clinical studies conducted by ourselves or third parties with the view to advancing scientific evidence in the weight management area.
  • As required by law.
  • If Digital Wellness or substantially all of its assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation or other similar corporate reorganization, where your information may be one of the transferred assets;
  • As directed by you pursuant to a written consent form.

To the extent permitted by applicable law, we may disclose your Health Information:

  • To you or your personal representatives.
  • To our employees, independent contractors, service providers and suppliers as necessary for them to help us provide you with Services (as noted above).
  • As required by law.
  • To facilitate our internal business operations, including to fulfill our legal or regulatory requirements.
  • For our internal research and compliance purposes, including data analysis, submitting invoices, detecting, preventing, and responding to actual or potential fraud, illegal activities, or intellectual property infringement.
  • As necessary, if we believe that there has been a violation of the Sites’ Terms of Use or any other policy of the Sites, or if we have reason to believe that our rights or property, or the rights or property of any third party, may be or have been harmed;
  • If Digital Wellness or substantially all of its assets are acquired by one or more third parties as a result of an acquisition, merger, sale, consolidation, bankruptcy, liquidation or other similar corporate reorganization, where your information may be one of the transferred assets;
  • As directed by you pursuant to a written consent form.

12. Cookie Policy.

By continuing to use our Site and our Services, you are agreeing to the use of cookies and similar technologies for the purposes described in this Privacy Statement. Our Site and Services deliver online use cookies and other similar technologies, for example, to distinguish you from other users when you browse our websites or use our Services and to allow us to improve our Services.  We use cookies on our Sites and mobile applications. If a browser visits these Sites they will receive a cookie from Digital Wellness. Cookies are also placed in your browser when you visit non-Digital Wellness sites that host our plugins.

A Cookie is a small data file that is sent to your web browser and placed on your computer or device when you access a website. Cookies allow parties (including us, our service providers and other) to: (i) track your activities on the Sites, (ii) track clicks, purchases and conversion; (iii) recognize your computer or device so that you are able to save your preference and stay logged in to the Sites without having to re-enter your account credentials; (iv) deliver customized content, messages and advertising to you; (v) preserve the contents of your shopping cart; (vi) and otherwise enhance and personalize your experience on the Sites. If you do not want information collected through the use of cookies, most devices allow you to decline the use of cookies. We recommend that you leave cookies turned on because if you elect not to allow them, you may not be able to use or to enjoy all of the Services and features of the Sites.

We may use Flash cookies and other similar technologies, which allow a website to store certain information locally on an individual’s computer or device and then access and use that information to enhance and facilitate certain Site experiences, processes and functionality. Flash cookies are different from other cookies and may not be removed in the same manner. More information about both kinds of cookies is available at www.allaboutcookies.org.

We also use web beacons (also known as “clear GIFs” or “pixel tags”) for similar purposes as cookies. These beacons are typically one-pixel images that are embedded in the Site or in a communication, such as an email message. These technologies help us to verify when a certain page of a Site is viewed, when a message is opened and when links or other content in a message are clicked or viewed.

We may use third party web analytics Services, such as Google Analytics and Adobe Services, to help us track and analyze the use of our Site and to measure the effectiveness of our advertising, Site content, and communications. These service providers’ tools, including, for example, cookies, tags and web beacons, help us to gain this understanding.

Our website sets cookies which remain on your computer for differing times. Some expire at the end of each session and some remain for longer so that when you return to our website, you will have a better user experience.

What are the different types of cookies?

  • Session cookies
    These cookies are only stored on your device (which may mean a desktop computer, laptop, tablet or mobile phone) during a single visit to the site (called a ‘browser session’). They do not do anything unless you are actively browsing, and they are deleted as soon as you close your browser.

    For example: a session cookie allows you to move from page to page without having to repeatedly log into the Site.
  • Persistent cookies
    These remain on your device until they are set to expire or you choose to delete them from your browser cache. They are activated each time you visit the website that created them. For example: a persistent cookie lets us remember you when you return, helps analyze your behavior while you are on the Site, and lets us identify any problems.

    Both session cookies and persistent cookies are first-party cookies which belong to Digital Wellness.

  • Third-party cookies
    First-party cookies are cookies that belong to Digital Wellness whereas third-party cookies are cookies that another party places on your browsing device through our websites. Third-party cookies will be providing a service to Digital Wellness or a function to us but Digital Wellness cannot control how those third-party cookies are used.

    For example: third-party cookies are used for both advertising Services and on-site functionality.

  • Sharing with other social networks
    If you use buttons to share online content with your friends via social networks like Twitter and Facebook, these companies may set a cookie on your computer or other device (laptop, tablet or mobile phone). Find out more about these cookies here:
  • https://www.facebook.com/about/privacy/
  • https://twitter.com/privacy
  • https://www.google.com/intl/en-GB/policies/privacy/
  • https://help.instagram.com/519522125107875
  • https://policy.pinterest.com/en-gb/privacy-policy
  • Web browsers allow you to exercise some control of cookies through the browser settings. Most browsers enable you to block cookies or to block cookies from particular sites. Browsers can also help you to delete cookies when you close your browser. You should note however, that this may mean that any opt-outs or preferences you set on our website will be lost.
  • Generally, you can find out more about cookies and get advice on discovering what cookies have been set and how you can manage and delete them at http://www.allaboutcookies.org.

Which cookies we use.

Detailed below are the cookies we currently use, a description of why these cookies are used and description of how long they last:

  • Google Analytics: for tracking user web browsing behaviour (lasting 2 years);
  • HubSpot: for tracking customer service, marketing and web browsing behaviour (lasting for 10 years);
  • ECG Group: for conversion tracking (lasting for 2 years);
  • Country Code: to personalise site content based on your country of origin (lasting until end of your session);
  • Cookies Acceptance: to record your preference to hide the cookie notification bar on our website (lasting for 3 months);
  • Login Authorization: stores a token when you are logged in so you can use the member platform (lasting for 3 months)
  • Google Display network: for tracking advertising conversions (lasting for 90 days)
  • Taboola: for tracking advertising conversions (lasting 90 days)
  • Facebook: for tracking advertising conversions (lasting 90 days)
  • ClueP: for tracking advertising conversions (lasting 90 days)
  • adRoll: for tracking advertising conversions (lasting 90 days)
  • Ancestry: for tracking affiliate DNA kit sales (120 days)
  • 23&Me: for tracking affiliate DNA kit sales (120 days)

 

13. Do Not Track.

We currently do not participate in any “Do Not Track” frameworks that would allow us to respond to signals or other mechanisms from you regarding the collection of your information. We may engage third parties, such as marketing or analytics partners, who may collect information about your online activities over time and across different websites when you use our website.  To learn more about browser tracking signals and “Do Not Track,” please visit http://allaboutdnt.org.

14. Third Party Advertising.

Some of the window dressing appearing on our Site may be delivered to you by our Web advertising partner or partners. Information about your visit to a partner site or sites, such as number of times you have viewed an ad (but not your name, e-mail, or other Personal Information), is used to serve ads to you.

We also work with service providers and partner with advertising companies that use cookies, web beacons and other tools to collect information about your visits to and behavior on the Sites and other websites, and then use that information to deliver targeted advertisements to you across the Internet. The information collected and used in this manner is generally, on its own, anonymous and not personally identifiable.

15. Legal basis under EU General Data Protection Regulation for processing personal information of EU residents.

Where you have consented to data processing, your consent provides the legal basis to process your Personal Information. You have the right to withdraw consent at any time. Please note that your withdrawal of consent to collect and process your Personal Information will not affect the lawfulness of processing your Personal Information based on your consent before you withdrew your consent.

We may also process your Personal Information on the basis of contractual necessity to perform a contract we have with you. For example, we process your credit card details when you provide them in order to use our Services or purchase products or subscriptions.

We may also process your Personal Information on the basis of our legitimate interests, including in providing and improving the Services. For example, Digital Wellness has a legitimate interest in understanding your login history so we can assess your interaction with our Services. We also have a legitimate interest in providing and developing interesting features to provide to our users. We use your Personal Information to keep our Services safe and secure and we do so as it necessary to pursue your and our legitimate interests in ensuring that our Services are secure, and to protect against fraud, spam and abuse.

Where we rely on legitimate interests to process your Personal Information, you have the right to object to such processing (meaning that you can ask us to stop). You can use your privacy settings to control certain ways in which we process your data. You can also contact us, using the details below, to object to other forms of processing.

16. Identity and Contact Details of the Data Controller.

If you reside in the United States, Digital Wellness is responsible for the use of your data and for responding to any requests related to your Personal Information.

If you reside outside the United States, Ben Whyte is your data controller.

Contact information for these entities is listed at the bottom of this Statement.

Users outside of the United States may contact the Irish Data Protection Commission, or your local Data Protection Authority.

Contact Details of the Data Protection Officer

Official correspondence must be sent via postal mail to:

Digital Wellness, 2500 Broadway Ave, Suite F-125, Santa Monica, California, 90404

17. Services - Links to third party sites, Services and content.

In addition to our Services, which we control directly, we also use and provide links to websites which are controlled by third parties, which may include:

  • Twitter, LinkedIn, Instagram and YouTube, where we have certain accounts and profiles.
  • Facebook, where we have a social page.

Facebook Login, where we allow users to login with their Facebook profile to register for certain Services we may offer from time to time.  If you use or follow a link to any of these third-party websites, please be aware that these websites have their own privacy policies and that we cannot accept any responsibility for their use of information about you.

Our Services may include integrated content or links to content provided by third parties (such as video materials). This Privacy Notice does not address the privacy, security, or other practices of the third parties that provide such content.

We engage third parties that support the operation of our Services, such as analytics providers. These third parties may use technologies to track your online activities over time and across different websites and online platforms. Please see section 12 (Cookie Policy) above for more information.

18. Your choices / Your privacy rights / How to unsubscribe.

If you would like to opt out of receiving direct mail from us, please contact us at [email protected] Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your account, relationship, activities, transactions and communications with us.

If you would like to opt out of receiving promotional emails from us, please follow the unsubscribe instructions located in each such email or contact us at [email protected] Please understand that if you opt out of receiving promotional correspondence from us, we may still contact you in connection with your account, relationship, activities, transactions and communications with us.

If you would prefer that we not share your Personal Information with third-party marketers, please contact us at [email protected] Please understand that if you do request that we stop sharing your Personal Information with third parties for their direct marketing purposes, such request will only apply as of the date of your request, and we will not be responsible for any communications that you may receive from third parties that received your Personal Information prior to that request. In these cases, please opt out from or contact the third party directly.

Consent

By consenting to this Privacy Statement you are giving us permission to process your Personal Information specifically for the purposes identified.

Where we are asking you for sensitive Personal Information we will always tell you why and how the information will be used.

You may withdraw consent at any time by contacting us at [email protected]  We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

 At any point while we are in possession of or processing your Personal Information, you, the data subject, have the following rights:

  • Right of access – you have the right to request a copy of the information that we hold about you.
  • Right of rectification – you have a right to correct data that we hold about you that is inaccurate or incomplete.
  • Right to be forgotten – in certain circumstances you can ask for the data we hold about you to be erased from our records.
  • Right to restriction of processing – where certain conditions apply to have a right to restrict the processing.
  • Right of portability – you have the right to have the data we hold about you transferred to another organization.
  • Right to object – you have the right to object to certain types of processing such as direct marketing.
  • Right to object to automated processing, including profiling – you also have the right to be subject to the legal effects of automated processing or profiling.
  • Right to judicial review: in the event that Digital Wellness refuses your request under rights of access, we will provide you with a reason as to why. You have the right to complain as outlined below.

All of the above requests will be forwarded on should there be a third party involved in the processing of your Personal Information. You also have the right to object to, or request the restriction of, our use of your Personal Information.

If you would like to exercise any of the rights set out in this section, please contact us as set out in this paragraph above, or by using the details set out in section 27 below.  We may refuse to provide access where we have legitimate reasons for doing so under applicable data privacy laws, and in exceptional circumstances may charge a fee for access if the relevant legislation allows us to do so, in which case we will provide reasons for our decision.

You may submit a complaint to the Information Commissioners Office, details of which can be found at https://ico.org.uk/global/contact-us.

If you make a privacy complaint, we will respond to let you know how your complaint will be handled. We may ask you for further details, consult with other parties and keep records regarding your complaint.

19. International Transfers.

Your personal and other information may be stored, transferred and processed in and to the United States. By providing Personal Information to us, you consent to the collection, maintenance, processing and transfer of such information in and to the United States and other countries and territories, pursuant to the laws of the United States or such other jurisdictions, which may provide lesser privacy protection than the laws of other countries, and you acknowledge that your information may thus be subject to U.S. laws and accessible to the U.S. government, courts, law enforcement and regulatory agencies.

If you are submitting personal data from within the European Economic Area (“EEA”), such information will be transferred to countries outside the EEA.

By way of example, Digital Wellness is located in the USA, or if one or more of our third party service providers with whom we share personal data in accordance with section 8 are located, or have their servers located, outside your country or the country from which the data were provided.

As we transfer your information outside the EEA in this way, we will take steps to ensure that your privacy rights continue to be protected.

20. Children’s Privacy.

The Sites are not directed to children under the age of eighteen (18). If you are under eighteen (18, do not provide your Personal Information on or to the Site. We do not knowingly collect on the Sites any Personal Information from children under eighteen (18). Users who are below the age of eighteen (18) (or the age of the majority in the applicable jurisdiction) should not use the Sites without authorization from a parent or legal guardian.  If a parent or guardian becomes aware of his or her child has provided us with Personal Information without their consent, please contact us at: [email protected]

21. For California Residents: California Privacy Rights.

Section 1798.83 of the California Civil Code provides that residents of California can obtain certain information about their personal information (as defined under Section 1798.83(e)(6) of the California Civil Code) that companies have shared with third parties for direct marketing purposes during the preceding calendar year, as well as the identity of those third parties. Personal information, as defined under the California Civil Code, includes, but is not limited to, data relating to an individual who is or can be identified either from the data or from the data in conjunction with other information that is in, or is likely to come into, the possession of the data controller. To request a copy of your personal information maintained by us, please contact us at [email protected]

If you have a question or complaint regarding the Sites, please send an email to [email protected] You may also contact us by writing to us at the address provided below under Section 27.  California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

22. Third-Party Websites.

The Sites may contain links (which may take the form of hyperlinks, widgets, clickable logos, plug-ins, images or banners) to websites and Services operated by entities other than us. This Privacy Statement does not apply to such websites or Services, so we recommend that you review their posted privacy policies so that you understand the relevant information collection, use and disclosure practices.

23. Changes to This Privacy Statement.

We may change this Privacy Statement from time to time and the amended policy will be posted to the Sites. We reserve the right to update, change, amend or modify this Policy at any time and from time to time without prior notice. When we post changes to this Privacy Statement, we will revise the “Last Updated” date at the top of the Privacy Statement. Your continued use of the Sites after any changes or revisions to this Privacy Statement become effective shall indicate your agreement with the terms of such revised and then-current Privacy Statement.

24. Security.

We have implemented measures in an effort to safeguard the Personal Information in our custody and control. Such measures include, for example, limiting access to Personal Information only to employees and authorized service providers who need to know such information for the purposes described in this Privacy Statement, as well as other administrative, technical and physical safeguards. Additionally, our service providers are not authorized to use or disclose your Personal Information for any purpose other than providing the Services to us or on our behalf, or as otherwise may be required by applicable law. While we endeavor to always protect our systems, due to the inherent nature of the Internet as an open global communications vehicle and other risk factors, we cannot guarantee that any information, during transmission or while stored on our systems, will be absolutely safe from intrusion by others, such as hackers.

To provide you with increased security, access to certain Personal Information stored in your account is protected with your username and password. You are responsible for maintaining the confidentiality of your account credentials, and we strongly recommend that you do not disclose your account username or password to anyone. We will never ask you for your password in any unsolicited communication. Please notify us immediately of any unauthorized use of your account credentials or any other suspected breach of security.

25. Further information.

We will process (collect, store and use) the information you provide in a manner compatible with the GDPR. We will endeavor to keep your information accurate and up to date, and not keep it for longer than is necessary. Digital Wellness is required to retain information in accordance with the law, such as information needed for income tax and audit purposes. How long certain kinds of Personal Information should be kept may also be governed by specific business-sector requirements and agreed practices.  Personal Information may be held in addition to these periods depending on individual business needs.

At your request, we can confirm what information we hold about you and how it is processed. If we do hold Personal Information about you, you can request the following information by contacting us using the details below:

  • Identity and the contact details of the person or organization that has determined how and why to process your data.
  • The purpose of the processing as well as the legal basis for processing.
  • If the processing is based on our legitimate interests or a third party, information about those interests.
  • The categories of Personal Information collected, stored and processed.
  • Recipient(s) or categories of recipients that the data is/will be disclosed to.
  • How long the data will be stored.
  • The source of Personal Information if it wasn’t collected directly from you.
  • Any details and information of automated decision making, such as profiling, and any meaningful information about the logic involved, as well as the significance and expected consequences of such processing.
  • Details of your rights to correct, erase, restrict or object to such processing.
  • Information about your right to withdraw consent at any time.
  • How to lodge a complaint with the supervisory authority.
  • Whether the provision of Personal Information is a statutory or contractual requirement, or a requirement necessary to enter into a contract, as well as whether you are obliged to provide the Personal Information and the possible consequences of failing to provide such data.

In order to verify the identity of those who make a request to us, we will accept the following forms of ID when information on your Personal Information is requested:

  • Passport,
  • Driving licence, Birth certificate,
  • Utility bill dated within the last 3 months.

26. Dispute Resolution/Arbitration.

By using the Sites, you agree that any dispute in any manner arising out of or relating in any way to the Privacy Statement, shall be submitted to binding arbitration with Judicial Arbitration and Mediation Services, Inc. (“JAMS”) pursuant to JAMS’ arbitration rules, held before a single neutral arbitrator in the Los Angeles, California area. The parties to arbitration may use legal counsel at their own expense, and the prevailing party shall be entitled to its reasonable attorney’s fees. All costs of arbitration (including arbitrator fees) shall be paid by Digital Wellness, except only that if you bring the arbitration, you may be charged an initial filing fee that shall not exceed the filing fees that you would incur for bringing an action in court. This provision will not affect any claimant’s rights to seek relief from small claims court. Claims brought on behalf of or allegedly representing or including other persons or entities, including but not limited to any class, consolidated, representative, collective or private attorney general action shall be a “Class Action.” Notwithstanding anything else in the Privacy Statement or the JAMS rules, any parties subject to this arbitration provision shall be barred from bringing or participating in any Class Action related to a dispute covered by this arbitration provision. However, if these Class Action restrictions are ever deemed illegal or unenforceable, they shall be severed from this arbitration provision. In that event, any Class Action shall by exempted from this arbitration provision and brought in court. This arbitration provision is subject to the Federal Arbitration Act, and may be enforced in any court of competent jurisdiction.

27. Contact.

In the event that you wish to make a complaint about how your Personal Information is being processed by Digital Wellness or third parties, or how your complaint has been handled, you have the right to lodge a complaint directly with the supervisory authority and Digital Wellness’s data protection representatives Data Protection Officer (DPO).

If you have any questions, concerns or comments about this Privacy Statement, or want to submit a written complaint about how we handle your Personal Information, please contact us via any of the following means:

Our contact details are as follows:

Contact address:

Digital Wellness US LLC

2500 Broadway Ave, Suite F-125, Santa Monica CA 90404

Email: [email protected]

The Data Protection Officer is Ben Whyte

Last Updated:  March 14, 2019