Baritastic Privacy Policy

Baritastic App Privacy Policy

LAST UPDATED: March 15, 2022

Introduction

Metagenics Inc. d/b/a Baritastic (“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 or that you may provide when you download, install, register with, access, or use the Baritastic App (the “App”).
Our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies only to information we collect in this App and in email, and other electronic communications sent through or in connection with this App.

This policy DOES NOT apply to information that:

We collect offline or on any other Company apps or websites, including websites you may access through this App.
You provide to or is collected by any third party.

Our websites, and these other third parties may have their own privacy policies, which we encourage you to read before providing information on or through them.

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, do not download, register with, or use this App. By downloading, registering with, or using this App, you agree to this privacy policy. This policy may change from time to time (see Updates to this Privacy Policy). Your continued use of this App after we revise this policy means you accept those changes, so please check the policy periodically for updates.

Information We Collect and How We Collect It

We collect information from and about users of our App:

Directly from you when you provide it to us.
Automatically when you use the App.

Information You Provide to Us

When you download, register with, or use this App, we may ask you provide information:

By which you may be personally identified, such as name, date of birth, email 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 weight, height, nutrition, activity data, sleep data, reminders, to do lists, surgery type and surgery date.

This information includes:

Information that you provide by filling in forms in the App. This includes information provided at the time of registering to use the App, subscribing to our service, posting material, and 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 the App.
Records and copies of your correspondence (including email addresses and phone numbers), 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 the App and of the fulfillment of your orders.
Your search queries on the App.
Nutrition, activity data, sleep data, reminders and to do lists.

You may also provide information for publication or display (“Posted”) on public areas of the app or websites you access through the App (collectively, “User Contributions”). Your User Contributions are Posted and transmitted to others at your own risk. Additionally, we cannot control the actions of third parties 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.

Automatic Information Collection and Tracking

When you download, access, and use the App, it may use technology to automatically collect:

Usage Details. When you access and use the App, we may automatically collect certain details of your access to and use of the App, including traffic data, logs, and other communication data and the resources that you access and use on or through the App.
Device Information. We may collect information about your mobile device and internet connection, including the device’s unique device identifier, IP address, operating system, browser type, mobile network information, and the device’s telephone number.
Stored Information and Files. The App also may access metadata and other information associated with other files stored on your device. This may include, for example, photographs, audio and video clips, personal contacts, and address book information.

If you do not want us to collect this information do not download the App or delete it from your device.

Information Collection and Tracking Technologies

The technologies we use for automatic information collection may include:

Cookies (or mobile cookies). A cookie is a small file placed on your smartphone. It may be possible to refuse to accept mobile cookies by activating the appropriate setting on your smartphone. However, if you select this setting you may be unable to access certain parts of our App.
Web Beacons. Pages of the App 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 app statistics (for example, recording the popularity of certain app content and verifying system and server integrity).

Third-Party Information Collection

When you use the App or its content, certain third parties may use automatic information collection technologies to collect information about you or your device. These third parties may include:

Analytics companies.

These third parties may use tracking technologies to collect information about you when you use this app. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites, apps, and other online services websites.

We use Google Analytics, which uses cookies and similar technologies, to collect and analyze information about use of the App 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:

Provide you with the App and its contents, and any other information, products, or services that you request from us.
For advertising and promotions.
For troubleshooting and to provide you with access to the account.
Fulfill any other purpose for which you provide it.
Carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
Notify you when App updates are available, and of changes to any products or services we offer or provide though it.

The usage information we collect helps us to improve our App and to deliver a better and more personalized experience by enabling us to:

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

Disclosure of Your Information

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

In addition, we may disclose personal information that we collect, or you provide:

To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business.
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 App users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce our rights arising from any contracts entered into between you and us, including the Terms of Use and for billing and collection.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of Company, our customers or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Your Choices About Our Collection, Use, and Disclosure of Your Information

We strive to provide you with choices regarding the personal information you provide to us. This section describes mechanisms we provide for you to control certain uses and disclosures of over your information.

Tracking Technologies. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies or block the use of other tracking technologies, some parts of the App may then be inaccessible or not function properly.
If you no longer want to receive marketing-related emails from us on a going-forward basis, you may opt out by using the mechanism contained in each such email. We will try to comply with your request as soon as reasonably practicable. Please note that if you opt out of receiving marketing-related emails from us, we may still send you important administrative messages, from which you cannot opt out.

Security

We seek to use reasonable organizational, technical, and administrative measures to protect Personal Information within our organization. Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us in accordance with the “Contact Us” section below.

Third Party Services

This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties, including any third party operating any website or service to which the App provides links. The inclusion of a link on the App does not imply endorsement of the linked site or service by us or by our affiliates. In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as any operating system provider, wireless service provider, or device manufacturer.

Use of the App by minors

The App is not directed to individuals under the age of eighteen (18), and we do not knowingly collect Personal Information from individuals under 18.

Jurisdictional Issues

The App is controlled and operated by us from the United States and is not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States.

Updates to this Privacy Policy

The “LAST UPDATED” legend at the top of this Privacy Policy indicates when this Privacy Policy was last revised. Any changes will become effective when we post the revised Privacy Policy on the App.

If you have any questions about this Privacy Policy, please contact us at PrivacyOffice@Metagenics.com. Because email communications are not always secure, please do not include credit card or other sensitive information in your emails to us.

Additional Information regarding California Residents

Pursuant to the California Consumer Privacy Act of 2018 (“CCPA”), we are providing the following additional details regarding the categories of Personal Information that we collect, use, and disclose about California residents. This CCPA section does not apply to our job applicants, employees, contractors, owners, medical staff members, directors, or officers where the Personal Information we collect about those individuals relates to their current, former, or potential role at PLMC. Under the CCPA, “Personal Information” is information that identifies, relates to, or could reasonably be linked with a particular California resident or household.

Sources of Personal Information

We collect this Personal Information from you, such as when you use the App, contact us, or request information.

Categories of Personal Information Collected and Disclosed

The following chart details which categories of Personal Information about California residents we may collect, as well as which categories of Personal Information we have collected and disclosed for our operational business purposes in the preceding 12 months.

Categories of Personal Information	Disclosed to Which Categories of Third Parties for Operational Business Purposes
Identifiers, such as name and contact information including email address, internet protocol address and other online identifiers.	Our affiliated entities; third-party service providers; and trusted third-party business partners who help facilitate our provision of services.
Personal information, as defined in the California customer records law, such as name and contact information, including email and telephone number.	Our affiliated entities; third-party service providers; and trusted third-party business partners who help facilitate our provision of services.
Internet or network activity information, such as browsing history and operating system.	Our affiliated entities; third-party service providers; and trusted third-party business partners who help facilitate our provision of services.
Audio, electronic, visual and similar information, such as audio created in connection with our business activities.	Our affiliated entities; third-party service providers; and trusted third-party business partners who help facilitate our provision of services.

Use of Personal Information

We may use this Personal Information to operate, manage, and maintain the App and our business, to provide our products and services, and to accomplish our business purposes and objectives, including, for example, to: develop, improve, repair, and maintain our products and services; personalize, advertise, and market our products and services; conduct research, analytics, and data analysis; maintain our facilities and infrastructure; undertake quality and safety assurance measures; conduct risk and security control and monitoring; detect and prevent fraud; perform identity verification; perform accounting, audit, and other internal functions, such as internal investigations; comply with law, legal process, and internal policies; maintain records; carry out corporate transactions, such as mergers, joint ventures or acquisitions; and exercise and defend legal claims.

Under the CCPA, if a business sells Personal Information, it must allow California residents to opt out of the sale of their Personal Information. However, we do not sell and have not sold Personal Information, as “sale” is defined in the CCPA. For example, and without limiting the foregoing, we do not sell the Personal Information of minors under 16 years of age.

Individual Rights and Requests

If you are a California resident, you may request that we:

Disclose to you the following information covering the 12 months preceding your request:
- The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
- The specific pieces of Personal Information we collected about you;
- The business or commercial purpose for collecting Personal Information about you; and
- The categories of Personal Information about you that we otherwise shared or disclosed, and the categories of third parties with whom we shared or to whom we disclosed such Personal Information (if applicable).
Delete Personal Information we collected from you.

To make a request for the disclosures or deletion described above, please contact us at toll-free number 800-692-9400 or clicking here. We will verify and respond to your request consistent with applicable law, taking into account the type and sensitivity of the Personal Information subject to the request. We may need to request additional Personal Information from you, such, first and last name, telephone number and/or email address, in order to verify your identity and protect against fraudulent requests. If you make a deletion request, we may ask you to verify your request before we delete your Personal Information.

We may also verify your identity via steps including:

Electronic Captcha to distinguish human input.
Validating your email address.
Validating your identity with a valid form of identification.

You have the right to be free from unlawful discrimination for exercising your rights under the CCPA.

Authorized Agents

If you want to make a request as an authorized agent on behalf of a California resident, you may use the submission methods noted above. As part of our verification process, we may request that you provide, as applicable, proof concerning your status as an authorized agent, which also may include:

Proof of your registration with the California Secretary of State to conduct business in California; and/or
A power of attorney from the California resident pursuant to Probate Code sections 4121-4130.

If you are making a request on behalf of a California resident and have not provided us with a power of attorney from the resident pursuant to Probate Code sections 4121-4130, we may also require the resident to:

Verify the resident’s own identity directly with us; or
Directly confirm with us that the resident provided you permission to submit the request.