Last Updated: December 11, 2023
1) Collecting Personal Information
1.1. Personal information you provide to us.
Personal information you may provide to us through the Platform or otherwise includes:
Contact details, such as your first and last name, email address(es), home address, and phone number.
Demographic information, such as your gender, age, date of birth, and location.
Employer information, such as the name of your employer and other details about your employment.
Communications that we exchange, including when you contact us with questions, feedback, chats, or otherwise.
Marketing data, such as your preferences for receiving communications about our products, services, activities, events, and publications, and details about how you engage with our communications.
Health information, such as information you share with us about your allergies, dietary restrictions, medications you are taking, and other health information you share when taking our onboarding survey or otherwise through the Platform.
Payment and transactional data, such as the information needed to complete your orders and registrations on or through the Platform (i.e., name, credit or debit card information, billing and shipping information) and information about the products you have purchased or selected for future purchase from us (i.e., your shopping cart and order history).
Profile data, such as your username and password that you set to establish an online account with us.
Survey responses, such as the answers you provide to our questionnaires and surveys.
Participation data, such as information about your participation and performance in the Platform and related challenges.
Food history, such as records of food products or restaurant meals you have purchased and other information associated with food choices or purchases you have made.
Reviews, such as the reviews and other feedback that you provide the products offered on our Platform.
1.2. Personal information from third parties.
We may obtain personal information about you from third parties, such as:
Data providers, such as information services and data licensors.
Public sources, such as social media platforms.
Third party platforms, such as user health integrations and services that you connect to your account on the Platform, such as your food selections, preferred restaurants, and health information. You can read more about your choices in connection with linked third-party platforms in the “Your Choices” section, below.
Your employer, if you have signed up through the Platform as part of a benefit provided by your employer. They may provide us with information about you to help us create and manage your account, such as your contact information or employment status.
1.3. Personal information collected automatically.
We, our service providers, and our business partners may
automatically log information about you, your computer or mobile device, and your activity over time on our Platform and other sites and online services, such as:
Geolocation data if you authorize us to collect your precise location when using our App.
Device data, such as your computer or mobile device operating system type and version number, manufacturer and model, browser type, screen resolution, IP address, unique identifiers, the website you visited before browsing to our website, and general location information such as city, state or geographic area.
Online activity data, such as pages or screens you viewed, how long you spent on a page or screen, navigation paths between pages or screens, information about your activity on a page or screen, access times, and duration of access.
Like many online services, we use the following technologies to facilitate some of our automatic data collection:
Cookies, which are text files that websites store on a visitor‘s device to uniquely identify the visitor’s browser or to store information or settings in the browser for the purpose of helping you navigate between pages efficiently, remembering your preferences, enabling functionality, helping us understand user activity and patterns, and facilitating online advertising.
Flash cookies, or locally-stored objects, which are used on websites for purposes similar to cookies but allow storage of a larger amount of data.
Web beacons, also known as pixel tags or clear GIFs, which are typically used to demonstrate that a webpage or email was accessed or opened, or that certain content was viewed or clicked, typically to compile statistics about usage of websites and the success of marketing campaigns.
Software development kits, or SDKs, which we use in the App. SDKs are third-party computer codes that may be used for a variety of purposes, including to provide us with analytics regarding the use of our App, to integrate with social media, add features or functionality to our App, or to facilitate online advertising. SDKs may enable third parties to collect information directly via our App.
1.4. Personal information about others.
Users of the Platform may have the opportunity to refer friends,
colleagues, or other contacts to us and share their contact information with us. Please do not refer someone to us or share their contact information with us unless you have their permission to do so.
2) USE OF PERSONAL INFORMATION
2.1. To provide our products and services.
For example, we may use your personal information to:
provide you with the content, features, products and services that you request;
establish and maintain your account on the Platform; process your transactions; provide you with nutrition guidance;
to issue stipends and Platform rewards;
process your orders, send you receipts, and monitor your orders;
store your information for future orders;
remind you about items you have left in your shopping cart by sending you an email, text message, or other communications;
communicate with you about the Platform (including by sending announcements, updates,
security alerts, and support and administrative messages);
display your content or share your information as described herein;
understand your interests, personalize your experience on the Platform, and deliver information about products and services relevant to your interests; and
respond to your inquiries and requests for customer support, including to investigate and address your concerns and monitor and improve our responses.
2.2. To provide your personalized score and food recommendations.
We will analyze user health integrations, your health and nutritional data, and other profile information you share with us to make inferences about your eating habits and health, to create scores that rate how well you are eating, and to suggest food choices to you.
2.3. For research and development.
We use personal information for research and development purposes,
including to understand and analyze the usage trends and preferences of our users, to make our Platform and other offerings better, and to develop new features, services, products, and functionality.
2.4. To create anonymous data.
We may create aggregated, de-identified, or other anonymous data from
personal information we collect. We make personal information into anonymous data by removing information that makes the data personally identifiable to you. We may use this anonymous data and
share it with third parties for our lawful business purposes, including to analyze and improve the Platform and promote our business.
2.5. For marketing and advertising.
We, our business partners and our third party advertising partners may
collect and use your personal information for direct marketing and interest-based advertising purposes.
Direct marketing. We may send you Company-related or other direct marketing communications as permitted by law. You may opt-out of our marketing communications as described in the “Opt-out of marketing communications” section below.
2.6. Compliance and protection.
We may use your personal information to:
comply with applicable laws, lawful requests, and legal process, such as to respond to subpoenas or requests from government authorities;
maintain the safety, security, and integrity of our Platform, products and services, business, databases, and other technology assets;
protect our, your or others’ rights, privacy, safety or property (including by making and defending legal claims);
audit our internal processes for compliance with legal and contractual requirements and internal policies;
enforce the terms and conditions that govern the Platform; and
prevent, identify, investigate and deter fraudulent, harmful, unauthorized, unethical or illegal
activity, including cyberattacks and identity theft.
2.6. With your consent.
In some cases we may specifically ask you for your consent to collect, use, or share your personal information, such as when required by law.
3) SHARING OF PERSONAL INFORMATION
3.1. Related companies.
3.2. Your employer.
If you signed up for the Platform as part of a benefit provided by your employer, we may share personal information about you with your employer, your employer’s insurance broker, and other persons or entities directed by your employer, for the purpose of allowing your employer to evaluate the benefit of the Platform, track the progress of its employees, and negotiate health insurance rates and benefits.
3.3. Business transferees.
If we sell all or part of our business or make a sale or transfer of assets or are otherwise involved in a corporate divestiture, merger, consolidation, acquisition, reorganization, dissolution, sale or other disposition of all or any portion of the business or assets of, or equity interests in, Company or our affiliates (including, in connection with a bankruptcy or similar proceedings), we may transfer your personal information to third parties as part of that transaction, including at the negotiation stage.
3.4. Authorities and others.
Law enforcement, government authorities, and private parties, as we believe in good faith to be necessary or appropriate to comply with law or for the compliance, fraud prevention and safety purposes described above.
3.5. Service providers.
Companies and individuals that perform services on our behalf or help us operate the Platform or our business. Among other things, service providers may help us perform website hosting, maintenance services, database management, web analytics, billing, payment processing, fraud
protection, customer service, or marketing.
3.6. Advertising partners.
Third party advertising companies that collect information about your activity on the Platform and other online services to help us advertise our services, and/or use hashed customer lists that we share with them to deliver ads to them and similar users on their platforms.
3.7. Business partners.
Our business partners, such as those that jointly offer content, promotions, and other service offerings with us.
3.8. Third Party Platforms.
Health integrations and other third party platforms that you connect to your account on the Platform. When you choose to connect these platforms to the Platform, we may share your personal information to facilitate the connection. Please note, we do not control the third party’s
3.9. Other Users and the Public.
The Platform may provide you with the opportunity to post or make available content, messages, and other information to other users of the Platform or the public. For example, you may be able to post a food review on the Platform. We do not control how other users or third parties use any personal information that you make available to them. Please be aware that any information you post publicly can be cached, copied, screen captured or stored elsewhere by others (e.g., search engines) before you have a chance to edit or remove it.
3.10. Professional Advisors.
We may disclose your personal information to our professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services that they render to us.
4) YOUR CHOICES
You can make the following choices with respect to your personal information.
4.1. Access or update your personal information.
If you have registered for an account with us, you may review and update certain account information by logging into your account.
4.2. Opt-out of marketing emails.
You may opt out of marketing-related emails by following the opt-out or
unsubscribe instructions at the bottom of the email. You may continue to receive service-related and other non-marketing emails.
4.3. Opt-out of text messages.
We may offer communications via text messages sent by Bitewell or any of our service providers, such as when we send you text messages to confirm and notify you about the status of an order you place with us, to remind you about items you have placed in your shopping cart (i.e., cart abandonment messages), or for any customer service, account-related, or marketing purpose. To stop receiving text messages from us, reply STOP to any text message you receive from us, or send your request and mobile telephone number to [EMAIL]. Note that we may send you a message to confirm receipt of your STOP request.
4.4. Third party platforms.
If you choose to connect to the Platform or important data into your account from a third party platform, you may be able to use your settings in your account with that platform to limit the information we receive from it. If you revoke our ability to access information from a third
Most browsers let you remove or stop accepting cookies from the websites you visit. To do this, follow the instructions in your browser’s settings. Many browsers accept cookies by default until you change your settings. If you do not accept cookies, however, you may not be able to use all functionality of the Platform and our Site may not work properly. For more information about cookies, including how to see what cookies have been set on your browser and how to manage and delete them, visit www.allaboutcookies.org.
We use Google Analytics to help us understand user activity and patterns on the Site. You can learn more about Google Analytics cookies by clicking here and about how Google protects your data by clicking here. You can prevent the use of Google Analytics relating to your use of our Site by downloading and installing a browser plugin available here.
4.6. Advertising choices.
Some of our advertising partners are members of the Network Advertising Initiative(NAI) and are subject to the Self-Regulatory Principles for Online Behavioral Advertising published by the Digital Advertising Alliance (DAA). You can obtain more information about these companies’ information
collection practices and opt-out of receiving interest-based advertising from participating NAI and DAA members at http://www.networkadvertising.org/managing/opt_out.asp and/or the DAA’s website at https://optout.aboutads.info. Mobile app users may opt out of receiving interest-based advertising in mobile apps provided by participating members of the Digital Advertising Alliance by installing the AppChoices mobile app, available at https://www.youradchoices.com/appchoices. You can also limit collection of your information for interest-based ads by blocking third party cookies in your browser settings or using privacy plug-ins or ad blocking software that help you block third party cookies. In addition, your mobile device settings may provide functionality to limit use of the advertising ID associated with your mobile device for targeted online advertising purposes. If you opt-out of interest-based advertisements, you will still see advertisements online but they may be less relevant to you.
Some of the third party advertising companies we work with offer their own opt-out options that you can use to limit their use of your information for interest-based advertising, such as Google (info and opt-out) and Facebook (info and opt-out). Please note that we also may work with companies that offer their own opt-out mechanisms or do not participate in the opt-out mechanisms described above. Even after using these opt-out mechanisms, you may receive interest-based advertising from other companies.
4.7. Do Not Track.
Some Internet browsers may be configured to send “Do Not Track” signals to the online services that you visit. We currently do not respond to “Do Not Track” or similar signals. To find out more about “Do Not Track,” please visit http://www.allaboutdnt.com.
4.8. Declining to provide information.
We may need to collect personal information to provide certain
services. If you do not provide the information requested, we may not be able to provide those services.
No method of transmission over the Internet, or method of electronic storage, is fully secure. While we use reasonable efforts to protect your personal information from the risks presented by unauthorized access or
acquisition, we cannot guarantee the security of your personal information.
6) OTHER SITES AND SERVICES
The Platform may contain links to other websites and online services operated by third parties. These links are not an endorsement of, or representation that we are affiliated with, any third party. In addition, our content may be included on web pages or online services that are not associated with us. We do not control third party websites or online services, and we are not responsible for their actions. Other websites and services follow different rules regarding the collection, use and sharing of your personal information. We encourage you to read the privacy policies of the other websites and online services you use.
7. INTERNATIONAL TRANSFERS OF PERSONAL INFORMATION
We are based in the United States of America, and we have service providers in the United States and potentially other countries. Your personal information may be collected, used, stored, and transferred in these countries or other locations outside of your home country. Privacy laws in the locations where we handle your personal information may not be as protective as the privacy laws in your home country. By providing your personal information, where applicable law permits, you hereby specifically and expressly consent to such transfer and processing and the collection, use, and disclosure set forth herein or in any applicable terms of service.
8) CHILDREN’S PRIVACY
The Platform is not intended for use by anyone under the age of 16, and we do not knowingly collect personal information from children under 16.
9. NOTICE TO CALIFORNIA RESIDENTS – YOUR CALIFORNIA PRIVACY RIGHTS
Under California Civil Code sections 1798.83-1798.84, California residents who have an established business relationship with Company are entitled to ask us once a year for information regarding the personal information we have shared, if any, with third parties for their direct marketing purposes. If you are a California resident and would like to submit such a request, please submit your request in writing to the address listed in the section titled “CONTACTING US” below. The request must include your name, street address, city, state, and ZIP code and an attestation that you are a California resident. We are not responsible for requests that are not labeled or sent properly, or that do not have complete information.
10) NOTICE TO NEVADA RESIDENTS – YOUR PRIVACY RIGHTS
Nevada Revised Statutes Chapter 603A allows Nevada residents to opt-out of the “sale” of certain types of personal information. Subject to several exceptions, Nevada law defines “sale” to mean the exchange of certain
types of personal information for monetary consideration to another person. If you are a Nevada resident who wishes to exercise your “sale” opt-out rights, you may submit a request to us using the contact information listed below.
11) CONTACTING US