Privacy Policy

Last Updated: June 4, 2024

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE IS YOUR ACCEPTANCE OF THESE TERMS.

If you have a disability which prevents you from electronically accessing this privacy statement and require it to be provided in alternative format (e.g., audio, large print), you can send us a message at our contact email listed below.

INTERNET PRIVACY STATEMENT
It is the policy of Nutrition 21, LLC, an Everwell Health Company, (the “Company”, “we”, or “us”), to respect your privacy as a visitor to our website. This policy statement has been established to describe the personal information we collect about you and how we use, disclose, maintain, and protect that information when you visit our website. It does not apply to information collected by us offline or through other means or any third party that may link to or be accessible from our website.

This policy statement is incorporated by reference into our Terms of Use located as https://nutrition21.com/terms-of-use

CHANGES TO THIS PRIVACY STATEMENT
We may update portions of this policy statement from time to time and will alert you that changes have been made by indicating on the policy statement the date it was last updated. You can find the date of the last update at the top of the policy statement. Keep in mind that your use of our website means that you accept the current version of this policy statement as posted on our website at that time. We encourage you to re-visit this privacy statement on occasion to learn of any changes.

INFORMATION WE COLLECT FROM YOU
We receive and store several types of information from and about you through our website (“personal information”), including:

• information by which you may be personally identified; and
• information about your internet connection, the equipment you use to access our website, and usage details.

Personal information as used in this privacy statement does not include any pseudonymous or de-identified data.

DIRECTLY PROVIDED INFORMATION
We collect your information when you enter it on our website or give to us any other way. This includes your first and last name, telephone number, postal and email addresses. We also may request information about your communications needs and preferences. You can choose not to provide such information.

AUTOMATICLY COLLECTED INFORMATION
We automatically collect some information about your computer when you visit our Sites. For example, we may collect session data, including your interaction with our website and the device used to access our website. We collect this automatic information to help us understand the interests of our customers and visitors and customize your user experience and monitor our website’s performance.

As you navigate through and interact with our website, we may use automatic data collection technologies (as described below) to collect certain information about your equipment, browsing actions, and patterns. We also may use these technologies to collect information about your online activities over time.

• GOOGLE ANALYTICS
  We may have enabled the following Google Analytics Advertising Features: Remarketing; Network Impressions Reporting; and Demographic and Interest Reporting. We may enable other remarketing tools. We use Google Analytics for website analytics and website performance.
• COOKIES
  Cookies are small data text files that, if your Web browser permits, can be stored on your computer’s hard drive. We use cookies for the following purpose:
  To help us recognize your Web browser as a previous visitor and save and remember any preferences set while your Web browser visited our website.

HOW WE USE YOUR INFORMATION
We may use the information we collect about you for a variety of purposes, including:

• To communicate with you, respond to your inquiries, and provide support;
• To maintain and improve our website, monitor our website’s performance, understand how the website is used, and optimize your user experience with our website;
• To provide you with information regarding our products, events or news, or other developments that you request from us or that may be of interest to you;
• To market our products to you, including without limitation, by using analytics for marketing analysis and to analyze consumer behavior and to send more targeted marketing content to visitors of our website;
• To notify you about changes to our website or any products we offer or provide through it;
• To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations;
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including without limitation to enforce or apply our Terms of Use, our privacy statement, or any other contract, such as for billing and collections;
• For testing, research, and analysis;
• To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us is among the assets transferred; and
• For any other purpose you consent to when we collect the information.

HOW WE SHARE YOUR INFORMATION
We may disclose your personal information in the following circumstances:

• To our subsidiaries and affiliated companies for marketing or administrative purposes;
• To contractors, service providers, and other third parties we use to support our business, including maintaining our website, managing our marketing and customer relationships;
• To contractors, service providers, and other third parties we use to support our business, including maintaining our website, managing our marketing and customer relationships;
• To a third party when we believe in good faith that it is necessary to investigate fraud;
• To law enforcement, governmental agencies, or regulatory bodies when we reasonably believe disclosure is required or permitted by law, regulation, or legal process;
• To a buyer or other successor of our business in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets; or
• To any other third party with your consent, at your request, or if we believe doing so is reasonably necessary to protect us or others.

CHOICES YOU HAVE REGARDING THE COLLECTION AND USE OF YOUR INFORMATION
You can choose not to provide us with any information.

You may unsubscribe from promotional messages in any email we send. We reserve the right to send you other communications, including service announcements, administrative messages, and surveys relating to your account, without offering you the opportunity to opt out of receiving them. The “Help”, “Tools”, or “Preferences” portion of the toolbar on most browsers will tell you how to prevent your Web browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Please note that if you refuse to accept cookies, you may not be able to access portions of our website.

If you wish to opt out of the use of cookies by third parties, you can do so either directly from their website or through an industry-developed web page that allows you to opt out of third-party cookies. If you go to www.aboutads.info/choices, you can learn how to exercise choice regarding the collection of information about your online activities over time and across multiple third-party websites, online services, devices, and applications for interest-based advertising purposes.

The way that we and third parties use cookies and other tracking technologies to show you ads about our products on other websites, applications, and online services may be considered targeted advertising or cross-context behavioral advertising under certain US privacy laws. While we do not sell your personal information in the traditional sense, (i.e., in exchange for money), our disclosure to third parties for advertising and analytics purposes may be considered a “sale” or “sharing” under these laws. We do not use your personal information to create a profile or for automated decision making that could produce a legal or significant effect on you.

HOW DO WE PROTECT YOUR INFORMATION and FOR HOW LONG?
We want you to feel confident about using our website, and we commit to protecting the information we collect. While no Web site can guarantee security, we have implemented appropriate administrative, technical, and physical security procedures to help protect the personal information you provide to us. However, we make no guarantee, representation or warranty that use of our website is protected from all security threats, viruses, or other vulnerabilities or that your information always will be secure.

We will keep your personal information for as long as is necessary:

• For the purposes for which the information was collected;
• As business records reasonably retained in the normal course of business;
• To respond to any questions, complaints or claims that may be made by you or on your behalf;
• To keep records required by law; or
• To comply with legal obligations, resolve disputes or enforce other applicable contracts and policies.

Different retention periods apply for different types of personal information we collect.

NOTICE TO CALIFORNIA RESIDENTS
The California Consumer Privacy Act as amended by the Consumer Privacy Rights Act (the “CCPA”) applies to the collection, use, and disclosure of “personal information” collected from California residents (as that term is defined by the CCPA).

If you are a California resident, the CCPA requires us to disclose to you the categories of personal information we collect, our business and commercial purposes for collecting, using, sharing, or selling such personal information, the categories of sources from which we collect personal information, the categories of personal information we have disclosed, shared, or sold for a business or commercial purpose in the preceding 12 months, and the categories of third parties with whom we share personal information. We have provided these disclosures in this privacy policy, and below are additional details.

In the preceding twelve (12) months, the personal information that we have collected, which we describe in more detail above in the section Information We Collect From You, fall into the following categories under the CCPA:

• Identifiers;
• Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e));
• Commercial information;
• Internet or other similar network activity;
• Professional or employment-related information; and

We obtain the personal information listed above from the following categories of sources:

• Directly from you;
• Directly and indirectly from activity on you website; and
• From third parties and business partners that interact with us and our affiliates and subsidiaries in connection with the products we provide.

In the preceding twelve (12) months, we have disclosed the following categories of personal information for a business or commercial purpose:

• Identifiers;
• Commercial information;
• Internet or other similar network activity; and
• Professional or employment-related information; and

We disclose personal information for business or commercial purposes to the following categories of third parties:

• Our affiliates and subsidiaries;
• Service providers; and
• Third parties to whom you or your agents authorized us to disclose personal information in connection with the products we provide to you.

While we do not disclose personal information to third parties in exchange for monetary compensation, our use of third-party ad and analytics cookies and other tools means we may “sell” or “share” personal information as defined under the CCPA. In the past 12 months we may have “sold” or “shared” the following categories of personal information:

• Identifiers; and
• Internet or other electronic network activity information.

We disclose these categories of personal information to affiliates, third-party advertising networks, analytics providers, and social networks for purposes of marketing and advertising.

We do not sell or share personal information about individuals we know are under age sixteen (16).

We do not engage in uses or disclosures of “sensitive Personal Information” that would trigger the right to limit use of sensitive personal information under the CCPA.

YOUR RIGHTS AND CHOICES UNDER THE CCPA
Under the CCPA, you or an authorized agent acting on your behalf, may have the right to: (i) know information regarding the personal information we collect and request access to your personal information, (ii) know what personal information we sell or share and to whom, (iii) request deletion of your personal information, (iv) request correction of inaccurate personal information, (v) opt out of the “sale” and/or “sharing” of your personal information (as those terms are defined by the CCPA), and (vi) not be discriminated against for opting out or exercising any of your rights under the CCPA. If you submit a request, we may ask you to provide certain information to compare against our records to verify your identity and respond to your requests such as your email address or phone number. We will endeavor to respond to your requests within forty-five (45) days of receipt of your request, after proper verification, unless we need additional time, in which case we will let you know. You may submit a request under the CCPA by:

• Emailing us at [email protected], or
• Submitting a letter to the address provided in the Contact Information section.

NON-DISCRIMINATION
We will not discriminate against you for exercising any of your CCPA rights.

THIRD PARTY LINKS and SITES
This website may contain links to other Internet websites (“third-party websites”) that are not maintained by the Company. These links are provided solely for your convenience. These third-party websites or services are not subject to our privacy statement. The Company makes no warranties or representations about the content of any products or services offered by, or the intellectual property compliance of, such third-party websites. The Company recommends you take the time to read the privacy policies and user agreements of any third-party website.

CHILDREN’S PRIVACY
We do not offer services directed to children. Should an individual whom we know to be a child under age 16 send personal information to us, we will delete or destroy such information as soon as reasonably possible.

NOTE TO OUR NON-US VISITORS
If you visit our Sites from outside the United States, your information may be transferred to, stored, and processed in the United States where our servers are located and where we operate our databases. By providing us with your information, you consent to the transfer to, and to the processing and storage of your information in countries outside of your country of residence. The data protection and other laws of the United States and other countries might not be as comprehensive as those in your country. However, we take steps pursuant to laws in the United States to protect your privacy. By using our services, you understand that your information may be transferred to our facilities and those third parties with whom we share it.

CONTACT US
If you have any questions or comments about this privacy statement, the practices of the Company, or our products or services please send them to us via the Contact Us section of the Company website, by email to: [email protected], or via mail to Nutrition21 LLC, 250 Pehle Ave – Suite 200, Saddle Brook, NJ 07663.