Policies

Privacy Policy

Last modified: March 12, 2021

Introduction

Metagenics, Inc. ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.

 This policy describes the types of information we may collect from you or that you may provide when you visit the website https://www.metagenics.com/ (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

  • On this Website.
  • In email, text, and other electronic messages between you and this Website.
  • Through mobile and desktop applications, you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
  • When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

  • Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
  • Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.

 Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

Information We Collect About You and How We Collect It

We collect several types of information from and about users of our Website, including information:

  • By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline ("personal information");
  • That is about you but individually does not identify you, such as internet protocol address and your geographic location; and/or
  • About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners or customers.
Information You Provide to Us

The information we collect on or through our Website may include:

  • Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
  • Records and copies of your correspondence (including email addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
  • Your search queries on the Website.

 You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies.

 As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

 The information we collect automatically does include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Website according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to our Website.

 The technologies we use for this automatic data collection may include:

  • Cookies (or browser 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 Website. 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 Website.
  • Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
  • Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

 We use Google Analytics, which uses cookies and similar technologies, to collect and analyze information about use of the website and report on activities and trends. This service may also collect information regarding the use of other websites, apps, and online resources. You can learn about Google’s practices by going to www.google.com/policies/privacy/partners/, and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout.

How We Use Your Information

 We use information that we collect about you or that you provide to us, including any personal information:

  • To present our Website and its contents to you.
  • To provide you with information, products, or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Website or any products or services we offer or provide though it.
  • To allow you to participate in interactive features on our Website.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

 We may also use your information to contact you about goods and services that may be of interest to you. If you do not want us to use your information in this way, please check the relevant box located on the form on which we collect your data (the registration form). For more information, see Choices About How We Use and Disclose Your Information.

Disclosure of Your Information

 We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

 We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by Company about our Website users is among the assets transferred.
  • To fulfill the purpose for which you provide it. For example, if you give us an email address to use the "email a friend" feature of our Website, we will transmit the contents of that email and your email address to the recipients.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

 We may also disclose your personal information:

  • To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our terms of use  and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers, or others.
Choices About How We Use and Disclose Your Information

 We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Promotional Offers from the Company. If you do not wish to have your contact information used by the Company to promote our own or third parties' products or services, you can opt out by checking the relevant box located on the form on which we collect your data (the registration form) or at any other time by sending us an email stating your request to [email protected] If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience, or other transactions.

 California residents may have additional personal information rights and choices. Please see Your California Privacy Rights for more information.

Your California Privacy Rights

 If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit the CCPA privacy notice for California Residents.

“Do Not Track” Signals under the California Online Protection Act (CalOPPA)

We do not support Do Not Track (“DNT”). Do Not Track is a preference you can set in your web browser to inform websites that you do not want to be tracked. You can enable or disable Do Not Track by visiting the Preferences or Settings page of your web browser, see Choices About How We Use and Disclose Your Information.

Data Security

 We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted.

 The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

 Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Changes to Our Privacy Policy

 It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users' personal information, we will notify you through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

Contact Information

If you have any questions or comments about this privacy policy or need to access this privacy policy in an alternative format due to having a disability, please contact [email protected] and toll free at 800-692-9400.

Postal Address:

Attn: Privacy Office
Metagenics, Inc.
25 Enterprise, Suite 200, Aliso Viejo, CA 92656

Metagenics Internet Policy Practitioner-Patient Sales ONLY

Click Here to download the Metagenics Internet Policy for Practitioner-Patient Sales

Metagenics Internet Policy Customers Selling Online to Non-Patients

Click Here to download the Metagenics Internet Policy for Customers Selling Online to Non-Patients

Metagenics Social Media Policy

Click Here to to view our social media policy

Metagenics Copyright Policy & Disclaimer

Thank you for visiting Metagenics' Web site. The content, arrangement and layout of this site, including, but not limited to, the trademarks and text, are proprietary to Metagenics, and should not be copied, imitated, reproduced, displayed, distributed, or transmitted without the express permission of Metagenics. Any unauthorized use of the content, arrangement or layout of the site, or the trademarks found in the site may violate civil or criminal laws, including, but not limited to, copyright and trademark laws.

The information provided in this web site may not be construed as medical advice. It is merely for educational purposes and its accuracy is not guaranteed. Please consult with your physician or other medical care provider regarding any healthcare questions you may have.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

Metagenics Customer Policy

To ensure proper use of Metagenics' high quality nutraceuticals, we only sell to licensed healthcare professionals. If you would like to become part of our family of customers, the applications in this section can be printed, filled out and faxed to our Customer Service Department. If you are in the territory of one of our three United States regional distributors, your information will be forwarded to your distributor. If you are not a healthcare professional, we would be happy to provide you with the names and contact information of several practitioners in your area. If you are a practitioner and would like to be added to our referral list, please contact our office or that of your distributor. Sales Tax – Customer is responsible for all sales, use, transaction privilege taxes, gross receipts, excise or similar transaction taxes (“Sales Taxes”) related to any products or other items purchased.  Metagenics will typically collect Sales Tax at the time of sale and will either (1) remit Sales Taxes to the taxing authority directly or (2) remit the Sales Taxes to the Practitioners who will then remit Sales Taxes to the states.  However, Customer agrees that Metagenics retains the right to subsequent payment from Customer of Sales Taxes, including if a taxing authority asserts that Sales Tax is due with respect to a product for which no Sales Tax was originally collected or Sales Tax was under collected by Metagenics.  Customer agrees that it will not assert or participate in any class action against Metagenics related to Sales Taxes.

Metagenics Vendor Policy

Terms and Conditions

  1. Acceptance. This order is Metagenics' offer to purchase from vendor the goods and/or services described on the reverse hereof. This order is conditioned upon Vendor's acceptance of all terms and conditions contained in or attached to this order. Any changes or additions to the terms or conditions in any oral or written communication shall not be effective or binding, nor shall it change the terms or conditions of the Purchase Order, unless agreed to in writing and signed by Metagenics.
    • Partial Acceptance. Partial acceptance shall not be deemed a consent to a change or addition to this Purchase Order, unless such changes have been reduced to a writing signed by Metagenics.
    • Objection. Ten (10) days after the date on this Purchase Order, if changes or objections have not been made, it shall be deemed that the Vendor has accepted all terms and conditions.
    • Proper Identification. All invoices, packages, shipping notices and other written documents shall contain the Purchase Order number.
  2. Shipping. Unless otherwise stated in writing on this Purchase Order, goods shall be shipped F.O.B. Destination via the cheapest common carrier, prepaid and uninsured. Vendor shall bear all risk of loss, injury, or destruction of goods, until acceptance thereof by Metagenics, except loss or injury caused by Metagenics' own actions.
  3. Price and Payment. Price shall be the amount stated on this Purchase Order, or in the event that none is stated, the last written quote, or the last amount billed for identical goods, whichever is lower, or if none, the prevailing market price. Determination of cash discounts shall be based upon the date of acceptance of goods, or receipt of a correct invoice, whichever is later. Payment shall be remitted by Metagenics by the U.S. Mail. Vendor shall be responsible to pay all taxes arising out of the sale of goods and services to Metagenics, except that Metagenics shall pay any sales and use taxes from which it is not exempt, which are typically charged to a buyer under the circumstances.
  4. Quality Standards. Metagenics requires the highest standards of quality and performance for its products. The goods being purchased must meet standards required by Metagenics.
    • Inspection. Metagenics may perform quality control inspection upon the products at Vendor's business location, to the extent practicable, at all times.
    • Manuals. Vendors shall furnish to Metagenics at its request any quality control manuals, certificates, chemical analysis certifications, or other certificates reasonably required by Metagenics. Vendor's quality control systems shall be followed.
    • Current Good Manufacturing Practices (CGMP). CGMP shall be adhered to by Vendor in all respects pertinent to the manufacture and shipment of the goods specified on the reverse hereof.
  5. Warranties. The goods shipped shall be subject to the following warranties in addition to any and all other warranties provided by law, or otherwise made by vendor.
    1. Title. Vendor shall deliver goods free and clear of all liens, encumbrances, or claims of others.
    2. Fitness for Use. Vendor is aware of the use to be made of the goods, and the goods are fit for particular use.
    3. Merchantability. The goods are of merchantable quality.
    4. Specification. The goods shall be manufactured or were manufactured pursuant to specifications and under strict quality control standards of Vendor in accordance with CGMP.
    5. Patent and Trademark. Actions by the Vendor in performance of this Purchase Order do not infringe upon patents of trademarks.
    6. Non-Limitations. Nothing herein is intended to limit Metagenics' right to damages, as a result of any defect or breach or warranty.
  6. Rejection and Cancellation. All goods shall be subject to Metagenics' Inspection and acceptance. Goods rejected by Metagenics shall be held, transported, or stored at Vendor's expense which shall be promptly reimbursed by Vendor. Metagenics may cancel the remainder of any order after a partial nonconforming shipment has been received. Metagenics may also cancel any order at any time before partial completion is made by Vendor. Seventy-two (72) hours shall be a reasonable time to inspect for patent defects. Latent defects shall be determined after reasonable time for inspection and testing.
  7. Privacy. No publicity or advertising shall contain reference to Metagenics, unless Metagenics has consented in writing.
  8. Disclosure and Ownership. All product specifications supplied to Vendor shall be the property of Metagenics, Vendor shall not release data, specifications, formulations, or other information to any third party, shall treat the same as a trade secret, and shall take necessary steps to protect the trade secrets of Metagenics.
  9. Time is of the Essence. Delivery time is of the essence of this contract. Failure to deliver in a timely manner shall be grounds for cancellation and may entitle Metagenics to such damages as are incurred as a result thereof.
  10. Default. In the event of default, the Parties shall have all rights and remedies set forth by the Uniform Commercial Code as adopted by the State of California, which shall not be deemed to limit the rights to cancel, in whole or part, and procure goods from an alternate source, seek damages therefore, and the default shall not excuse delivery of the remainder of any part of this Purchase Order, without notice by non-defaulting Party.
  11. Waiver. Metagenics' waiver of any breach or failure of terms of this Purchase Order shall not in any way, effect, limit, or waive Metagenics' right thereafter to enforce and compel strict compliance with every term, condition and specification for the remainder of this Purchase Order or other purchase orders.
  12. Governing Law and Attorneys' Fees. The laws of the State of California shall govern this Purchase Order. Venue for any action brought hereunder shall be in the County of Orange. In the event of action to enforce any term, condition or covenant or to recover damages arising from breach, the prevailing party shall be entitled to recover reasonable attorney' fees.
  13. Compliance with Law. Unless excepted by law, Vendor certifies that it has complied with all governmental regulations, with Equal Pay Act, Age Discrimination Employment Act, all Executive Orders, Equal Employment Opportunity provisions, non-segregated facilities and affirmative action. Vendor has also complied with all applicable FDA regulations, if any. Certification of conformance shall be given upon request by Metagenics.
  14. Entire Agreement. The terms of this Purchase Order constitutes the entire agreement of the Parties. It is not assignable and may not be changed or amended without written consent of Metagenics.

Metagenics Credit Policy

Credit Policy

Credit terms are available to qualified commercial accounts, subject to receipt and approval of a completed Metagenics application form. Our terms are Net 30 days from the date of invoice. Discounts or other deductions are not allowed without prior approval. Credit accounts who prefer to pay by statement rather than by invoice are asked to remit account balance in full by the 10th of the month following statement date. In the event a customer fails to pay their bill the customer agrees to pay all reasonable costs of collection, including attorney’s fees, associated with past due balances. Credit applications may be requested from your customer service representative.

Standard Credit Terms
  • Standard terms are COD, Money Order, Credit Card, or Net 30 (upon approval of a signed credit application). Metagenics, Inc. will also accept a Company Check for COD orders, provided favorable credit information is obtained
  • Payment is required at time of receipt for COD orders and at time of order for Credit Card orders
  • Pricing discrepancies must be addressed within 15 days from date of shipment
  • Any shipping discrepancy must be reported within 48 hours from date of receipt
  • Returned checks will be subject to a $25.00 service charge per check and must be replaced with a Money Order
  • Metagenics, Inc. reserves the right to withdraw/re-evaluate credit terms and/or credit limits at any time
Personal Guarantee

For further consideration, the undersigned personally guarantees the full performance and compliance by the applicant of all terms and conditions of this credit agreement. In addition, the undersigned also personally guarantees to pay any indebtedness owed to Metagenics, Inc. that may occur as a result of unpaid invoices.

Customer Agreement

WHEREAS, Metagenics values its customers and desires to avoid any and all misunderstandings between them and itself regarding the terms and obligations of orders by its customers; and WHEREAS, specific acknowledgement of agreement to these terms and obligations should eliminate potential future problems in this regard.

WHEREFORE, Metagenics and the undersigned (hereinafter the “Customer”) do hereby agree as follows:
(1) Full payment for each order placed by the Customer or its agents are due within 30 calendar days after the date of the invoice and balances due after said 30th day are PAST DUE. No interest shall accrue during the first 30 days (Net 30 days). A $25.00 fee will be charged for NSF checks.
(2) All past due balances shall incur and customer agrees to pay a finance charge of 1ó% per month on the unpaid balance or portion thereof from and after the invoice date until the unpaid balance is paid in full. This rate equals an 18% ANNUAL PERCENTAGE RATE.
(3) Any discrepancies, shortages, claims, or incorrect shipments shall be reported to Metagenics IMMEDIATELY upon receipt, and in no event, later than 5 calendar days after said receipt. Metagenics shall be responsible for curing said discrepancies only if notified within said 5 calendar day period.
(4) Customer complaints: Errors, omissions, or mistakes made by Metagenics will be corrected by Metagenics. We will replace the order or give credit for what has been invoiced and returned to Metagenics. No credits will be made until the proper authorization has been given by Metagenics management. Credit will be given at that time for the unopened portion of the original order. Metagenics shall have no further liability for errors or omissions other than replacement value. In any case, the legal and/or financial liability for errors, omissions, or mistakes by Metagenics shall never exceed the invoice of the order involved.
(5) The person executing this agreement as the Customer represents and warrants that he or she is authorized and empowered to execute this agreement on behalf of or as agent of the Customer.
(6) If any legal action is instituted to enforce any provision of this agreement between parties, the prevailing party shall be entitled to recover its attorney’s fees, costs and reasonable expenses incurred in such action.

Cold Shipping Policy

Metagenics’ probiotics have been tested and shown to withstand the extreme temperatures that they potentially may be exposed to during a normal shipping cycle, even without gel-ice packs or refrigeration. Our probiotic label claims are guaranteed through the date of expiration when our products are stored according to label instructions upon receipt of the product. Please note that the gel-ice packs absorb heat during shipping and they may be warm or hot upon arrival. This is normal.

We ship our probiotics, bars, and softgel products with frozen gel-ice packs, consistent with the following Cold Shipping Policy:

  • Probiotics and softgels – Practitioners and patients placing orders by phone or through the Metagenics eCommerce platform will have the option to add a gel-ice pack to their orders of probiotics or select softgel products at checkout, for an additional fee ($2.99). This option will be available only when the temperature is projected to be above 80 degrees in the delivery zone on the projected date of delivery. The $2.99 fee will be waived on practitioner wholesale orders valued at or above $250, but the addition of gel-ice packs must be selected at checkout.
  • Bar products – During warmer months (typically May 1 to November 1), we may elect to use gel-ice packs at our discretion when shipping any of our bars, to keep them from getting soft or melting. These products do not need to be refrigerated upon arrival. There is no charge to the practitioner or patient for gel-ice packs when ordering bars.