Consumer Health Data Privacy Policy
This notice supplements the Metagenics Privacy Policy and applies to personal information defined as “consumer health data” subject to the Washington State My Health My Data Act (MHMDA), the Nevada Health Data Privacy Act (NHDPA), or other applicable state consumer health privacy law.
Consumer Health Data We Collect
The consumer health data we collect depends on the context of your interactions with Metagenics and the choices you make (including your privacy settings), the services and features you use, our websites you interact with (including metagenics.com and bariatricadvantage.com), your location, and applicable law. Because consumer health data is defined very broadly, many of the categories of data we collect could be considered consumer health data. See “Personal Information We Collect and How We Collect It” of the Metagenics Privacy Policy for more details.
Examples of consumer health data may include:
Information about your health interests, health conditions, product purchases, or browsing of our websites. Information that could identify your attempt to seek health care services or information, including services that allow you to assess, measure, improve, or learn about your or another person’s health.
Sources of Consumer Health Data
We collect personal data (which may include consumer health data) directly from you through surveys or other questionnaires, from browsing of our websites and interactions with our services, from your product purchases from us, from third parties, and from publicly available sources. See “Personal Information We Collect and How We Collect It” of the Metagenics Privacy Policy for more details.
Why We Collect and Use Consumer Health Data
We collect and use consumer health data as reasonably necessary to provide you with the services and products you have requested or authorized. This may include fulfilling your product purchases, customer support, operating our websites and their features, personalization of certain service features, ensuring the secure and reliable operation of our services and the systems that support them, troubleshooting and improving the services, and other essential business operations that support the provision of our services (such as analyzing our performance, meeting our legal obligations, developing our workforce, and conducting research and development).
We may also use consumer health data for other purposes for which we give you choices and/or obtain your consent as required by law – for example, for advertising or marketing purposes. See the “Choices and Control of Personal Information” section of the Metagenics Privacy Policy and the How to Exercise Your Rights section below for more details on the controls and choices you may have.
Our Sharing of Consumer Health Data
If you provide us with the name of your healthcare practitioner, or your healthcare practitioner’s code, we will share with your healthcare practitioner your history of purchase transactions as well as your use of your healthcare practitioner’s coupons or other offers. Your healthcare practitioner’s use of the information we share is subject to their privacy policies and other policies, not this policy. We may also share each of the categories of consumer health data described above for the purposes described in the “Our Disclosures of Personal Information” section of the Metagenics Privacy Policy. In particular, we may share personal data, including consumer health data, with your consent or as reasonably necessary to complete any transaction or provide any product you have requested or authorized, as described above.
If you make a purchase, we will share information about the transaction as necessary to process the payment, including protection against fraud. And we may disclose data when we believe that doing so is necessary to comply with applicable law or respond to valid legal process.
Third Parties with Whom We Share Consumer Health Data
As necessary for the purposes described above, we share consumer health data with the following categories of third parties:
Service providers. Vendors or agents (“processors”) working on our behalf may access consumer health data for the purposes described above. For example, companies we’ve hired to provide customer support, fraud detection or prevention, or assist in protecting and securing our systems and services may need access to data to provide those functions.
Business partners. We may share consumer health data with other companies, for example, where you use a service that is cobranded and jointly operated with another company, or where you use our services to interact with another company. Such business partners include your health care practitioner if you have provided us their name or healthcare practitioner’s code.
Financial institutions & payment processors. When you make a purchase or enter into a financial transaction, we will disclose payment and transactional data to banks and other entities as necessary for payment processing, fraud detection or prevention, credit risk reduction, analytics, or other related financial services.
Parties to a corporate transaction. We may disclose consumer health data as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets.
Affiliates. We do not share consumer health data with affiliates.
Government agencies. We disclose data to law enforcement or other government agencies when we believe doing so is necessary to comply with applicable law or respond to valid legal process.
Other third parties. In certain circumstances, it may be necessary to provide data to other third parties, for example, to comply with the law or to protect our rights or those of our customers.
Other users and individuals. If you use our services to interact with other users of the service or other recipients of communications, we will share data, including consumer health data, as directed by you and your interactions.
The public. If and to the extent that we elect to accept user generated material, you may have the opportunity to publish, transmit, submit, or otherwise post reviews, ratings, comments, feedback, or other materials that may be accessible and viewable by the public which may include consumer health data. You are in control of the consumer health data you publish through our services; if you do not want your consumer health data made public, do not post it.
How to Exercise Your Rights
If you are covered by the MHMDA, the NHDPA, or other applicable consumer health privacy law, you may have certain rights with respect to consumer health data, including rights to access, delete, or withdraw consent relating to such data, subject to certain excepons. You can request to exercise such rights using the various tools and mechanisms described in the “Control and Choice of Personal Information” section of the Metagenics Privacy Policy. You can also submit a request to us HERE or send an email to [email protected].
If your request to exercise a right is denied, you may appeal that decision by contacting us at [email protected]. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint, the Nevada State Attorney General at https://ag.nv.gov/complaints/file_complaint/, or other regulatory authority as applicable.
Changes to this Policy
We reserve the right to amend this policy at our discretion when necessary to reflect changes in our services, how we use personal information, or the applicable law. When we post changes to this policy, we will revise the “Last Updated” date at the top of the policy. If we make material changes to the statement, we will provide notice or obtain consent regarding such changes as may be required by law.
Effective Date
October 11, 2024