Nutrigenius (“Nutrigenius” or “we”, “us”, “our”, “ours”) recognize the importance of privacy and the sensitivity of personal information. Nutrigenius is subject to various privacy statutes, including Australia’s federal Personal Information Protection and Electronic Documents Act, all substantially similar provincial legislation, and the European Union’s General Data Protection Regulation (collectively, the “Privacy Laws”).
Under the Privacy Laws, Nutrigenius is required to collect, use and disclose personal information only by lawful and fair means. To ensure this accountability, we have developed this policy, and trained our staff about our policies and practices.
Personal information is any information that identifies you, or by which your identity could be deduced.
Nutrigenius offers a range of products and services that include:
If you sign up for our Coaching Program or a Nutrigenius Certification Program, you will be required to provide your name, email address, and mobile phone number. At the time of registration you will be asked to provide payment card information (including your credit card number, expiry date, and CVC/CVV) in order to register; however, this payment card information is sent directly to our payment card processor. Nutrigenius only receives a random electronic token over an encrypted connection from the payment processor that confirms the transaction has been completed. We do not receive a copy of your payment card information.
If you contact us through the contact us form you will forward to us your name, surname, email address, gender, country of residence, phone number and preferences so we can attend to your request.
If you have registered for the Online Coaching Program you will need to provide additional information such as alternate contact information, your full home address, date of birth, ethnicity, physical measurements or attributes, and other more detailed information about your lifestyle (including but not limited to: employment, preferences, habits, personal routine) in order create a program account and for us to provide you with tailored solutions. Nutrigenius will also collect limited medical information about your health and well-being in order to better assess and develop a structured coaching program to help you meet your fitness and health goals. This additional information is considered sensitive data, and is treated as such, requiring your explicit consent for us to collect this information. We will also require confirmation from you that your doctor has approved your following our program or if you are not able to provide this confirmation, we will require that you sign this a medical waiver, which will be supplied to you at the time of collection of your personal information.
If you register for one of our Nutrigenius Certification Programs, we will also ask you to provide other information around your experience and credentials as a health and fitness professional.
Our products and services are not intended for or available to children under the age of 18 years. If you are under the age of 18 years, please exit our website.
We will collect information that you provide to us when you:
Wherever possible, we collect personal information directly from you. As noted above, if you use a coach, we will collect your name, email and program selection information from your coach in order to contact you to create an account.
Where applicable, we may also obtain information about you from other sources. That is, if you register for our Coaching Program via a third-party social media network, you authorize Nutrigenius to collect from the third-party network the personal information you provided in your third-party network account so that we may pre-populate the registration and other relevant fields of your Coaching Program user profile.
Your use of third-party networks remains subject to the terms and conditions and policies you have agreed to with such third-party network providers. For example, if you join the Nutrigenius FaceBook Group associated with your Coaching Program, we and other users of FaceBook may be able to view your profile and the posts you submit, depending on your privacy settings. Your use of third-party platforms remains subject to the terms and conditions and privacy policies of such platforms, such as FaceBook’s Terms of Service available here and Data Policy available here.
We collect personal information from you to:
We use the personal information we collect about you:
(a) to fulfil a contract, or take steps linked to a contract, in particular, in order to: provide you with our products and services, including their billing, payment processing, activation, supply, maintenance, support, trouble shooting, deactivation and upgrade or update as well as resolution of disputes over products and services; or enter into, and perform, an employment contract with you;
(b) where this is necessary for purposes which are in our, or third parties’, legitimate interests. These interests are:
(c) to meet legal and regulatory requirements, all applicable laws and to respond to emergency situations, including:
(d) where you give us your consent, for example:
You may withdraw your consent at any time by contacting us using the details provided below.
We do not sell, rent or otherwise disclose any additional personal information to any third-party to enable them to market their products and services, except that, if you are a client of an affiliated coach, then this coach will be able to access and review the following information to assess your progress and use this information to help you reach your fitness goals: Social Media Username / Profile, Gender, Age, Weight, Prescription Medication Information, Health History (including diagnosed health problems), Food Allergies, Ethnic Heritage, Alcohol Consumption, Cigarette Use, Diet and Nutritional Info, Nutritional Supplement Info, Exercise Info, Employment Status and Position, Status as Student, Whether a caregiver, Marital Status, Number of Children, Stress Information, Photos of Individual (front, back, side, in swimwear or similar attire). As noted above, please consult your coach as to his or her policies on the disclosure of your personal information.
Except as described above, any information provided to any other third-parties will only be provided at the aggregate or de-identified level such that no individual can be uniquely identified or linked to the information.
Under certain circumstances, Nutrigenius will disclose your personal information:
In addition to the disclosures listed above, we transfer information to our service providers for processing and/or storage. We require that our service providers use reasonable safeguards to protection personal information under their control from loss, theft and unauthorized modification and disclosure. Our service providers are only permitted to use your personal information in order to provide these services to us; for example, the following types of information are provided to our service providers for processing and/or storage:
Information automatically collected through the website: The information automatically collected about you that is provided to our service providers may include, but is not limited to: device ID, device type, browser type and version, geo-location information, computer and connection information, statistics on page views, traffic to and from our website, ad data, IP address and standard web log information.
We may need to transfer your personal information outside of your country of residence in the following circumstances:
If you live in the European Economic Area (“EEA”), we may need to transfer your personal information for the reasons listed above to one of our affiliated entities or service providers located outside of the EEA.
Our Privacy Officer, who is available at email@example.com, can provide further information about our policies and practices regarding service providers in different jurisdictions and further information about how these service providers, collect, use, disclose or store personal information on Nutrigenius’ behalf.
Information about your use of our services, as evidenced through cookies, locally stored objects, and web beacons may be disclosed to our service providers. Cookies are small bits of information that are transferred to and stored in separate files within your computer or phone’s browser. A cookie may remain on your computer or phone after the session finishes (until the cookie expires or is deleted by you).
In addition, we provide the following information to third-party analytics service providers:
At any time, if permitted by and subject always to the provisions of applicable data protection law, you can contact us to: stop receiving direct marketing (including, emails and hard copy materials) from us; access your personal information; where we have asked for your consent to processing, to withdraw this consent; close your account; amend or update your personal information, where possible, to ensure that it remains accurate, complete and up to date; erase your personal information; restrict your personal information; port your personal information; or object to some processing that is based on our legitimate interests, by contacting our Privacy Officer at firstname.lastname@example.org. You can always unsubscribe from receiving promotional emails from us by simply clicking the “unsubscribe” link provided at the bottom of every promotional email from us. We will honour your request within ten business days of receipt.
Please note that if you request that we erase certain of your personal information, we may no longer be able to provide you with the products or services you have contracted for. For example, if you request that we erase your log-in credentials we will no longer be able to provide you with access to an online account on our website or app).
If you have questions about the withdrawal of your consent, please contact our Privacy Officer at email@example.com.
If you contact us to do any of the things listed above, we may require you to provide sufficient personal information to allow us to identify you before disclosing the existence, use and disclosure of your personal information. The personal information so requested will only be used for the purpose of properly identifying you.
If you contact us about your personal information, we will respond to your request within the period required by law and at minimal cost or no cost to you in accordance with local laws. Summary information is available on request. More detailed requests that require archive or other retrieval costs may be subject to our normal administrative fees.
There may be instances where we cannot comply with your request to access your rights in respect of your personal information because of exceptions contained in local laws. For example, we may need to refuse access if denial of access is required or authorized by law; if access would interfere with the safety, health or privacy of others or if access would result in a breach of confidentiality.
We keep your personal information as long as is reasonably necessary for us to complete our dealings with you, or as may be required by law, whichever is longer. For example, we may retain your personal information after we have completed our dealings with you in the following situations: judicial proceedings, to comply with local laws respecting record retention and to comply with appropriate and adequate corporate record-keeping practices. As a result, we might not be able to comply with all requests to destroy personal information.
If we cannot comply with your request to exercise your rights in respect of your personal information, we will notify you in writing to explain why and, where applicable, provide you with the relevant sections of legislation dealing with the procedure to be followed should you wish to challenge our determination.
Where we require your personal information to comply with legal or contractual obligations, then provision of such data is mandatory: if such data are not provided, then we will not be able to manage our contractual relationship with you, or to meet obligations placed on us. In all other cases, provision of requested personal data is optional.
If you have unresolved concerns you also have the right to complain to data protection authorities. The relevant data protection authority will be the supervisory authority of the country: (i) of your habitual residence; (ii) of your place of work; or (iii) in which you consider the alleged infringement has occurred.
Nutrigenius takes all reasonable precautions to ensure that your personal information is kept safe from loss, unauthorized access, modification or disclosure. Among the steps taken to protect your information are:
Note that Nutrigenius does not use your any of your government issued identification, as a way of identifying or organizing the information we hold about you.
You should be aware that email is not a 100% secure medium, and you should be aware of this when contacting us to send personal or confidential information.
If you have any questions, or wish to access your personal information, please write to our Privacy Officer at: firstname.lastname@example.org
If you apply to Nutrigenius for a job, we need to consider your personal information, as part of our review process. We normally retain information from candidates after a decision has been made, unless you ask us not to retain the information. If we offer you a job, which you accept, the information will be retained with our privacy procedures for employee records.
On our website, like most other commercial websites, we may monitor traffic patterns, site usage and related site information in order to optimize our web service. We may provide aggregated information to third parties, but these statistics do not include any identifiable personal information.