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Privacy Policy

Last Revised: December 30, 2022


For additional information see:


•     CCPA

•     GDPR

•     APPI
•    PIPEDA


We at ProHealth, Inc. and our affiliates (“ProHealth”, “we”, “us”) care deeply about privacy, security, and online safety. This Privacy Notice (“Notice”) is designed to inform you about how we collect, use, and disclose your Personal Information (as defined below), about visitors and users of our websites, online features, products, and services that link to this Privacy Notice (each a “Site,” or collectively, “our Sites”), and in connection with recruitment and pre-employment activities. This Privacy Notice also tells you about your rights and choices with respect to your Personal Information, and how you can reach us to get answers to your questions.


For the purposes of this Notice, ProHealth is the controller (i.e., responsible party) for the Personal Information practices described in this Notice. 


You can access specific topics within this Privacy Notice by clicking on the relevant links below:


•    Collection and Use of Your Personal Information
•    Disclosures of Your Personal Information
•    Cookies and Similar Tracking Technologies
•    Security Measures
•    Data Retention
•    Children’s Privacy
•    Your Rights
•    Exercising Your Rights
•    Miscellaneous
•    Contact Us

Collection and Use of Your Personal Information


When referenced in this Notice, the term “Personal Information” includes any information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular individual or household, including any information that is subject to applicable data protection laws.


The following summary describes the type of Personal Information that we collect from you for our purposes and how we use that Personal Information. We also provide information regarding the legal basis of processing such Personal Information, as required by certain privacy laws.

Context

Types of Data

 Primary Purpose for Collection and Use of Data

 Account Registration
When you register for an account on our Site, we collect your email address, phone number, username, password and your name (or alias).  We may also collect information relating to the actions that you perform while logged into your account. If you choose to provide it, we may also collect information such as product and service preferences.
We have a legitimate interest in providing account related functionalities to our users, including account creation and maintenance, and, providing the relevant product or service to you and performing our contract with you.
Order Placement
We collect your name, billing address, shipping address, e-mail address, phone number, and credit card number when you place an order. However, ProHealth uses third party payment processors to complete the transactions.
We use your information to perform our contract with you, and to fulfill orders and transactions through our third party payment processors.
Product Reviews and Testimonials
When you submit a review on our Site, we collect any content that you provide in connection with your review or testimonial.
We have a legitimate interest in in using this information to improve our services and product offerings.
Customer Relationship Management/Service Use History
We collect certain contact and related business information (name, email address, professional contact information) when you or your organization obtains products or services from us. We also use such information to administer and maintain our relationship with your organization. In some instances, we may collect certain background or screening information to the extent needed and in accordance with applicable law.
We have a legitimate interest in providing products and services to our customers and performing our contract with your organization.
Supplier Relationship Management
We collect certain contact and related business information (name, email address, professional contact information) when you or your organization provides us with certain products or services. We also use such information to administer and maintain our relationship with your organization. In some instances, we may collect certain background or screening information to the extent needed and in accordance with applicable law.
We have a legitimate interest in administering our relationship with our suppliers and performing our contract with your organization.
Site Analytics/Cookies
We use cookies and other methods (e.g., “flash LSOs”, “web beacons”, “web bugs”, “clear GIFS”) to track Site activity. In some instances, we may assign you one or more unique identifiers to help keep track of your future visits. For more information relating to the use of such tools, review our Cookie Section below.
We have a legitimate interest in making our Site operate efficiently, providing account-related functionalities, improving our platform, services and product offerings, and maintaining security standards.
Email Interconnectivity
If you receive email from us, we use certain tools to capture data related to when you open our message, click on any links or banners it contains and make purchases. For more information relating to the use of such tools, review our Cookie Notice.
We have a legitimate interest in using this information to understand how you interact with our communications to you.
Feedback/Support
If you provide us feedback or contact us for support, we will collect your name and e-mail address, as well as any other content that you send to us, in order to reply.
We have a legitimate interest in using this information in order to receive, and act upon, your feedback or issues, such as to develop new ways to meet our customer’s needs and to grow our business.
Mobile Devices
We collect information from your mobile device such as unique identifying information broadcast from your device. For more information relating to the use of such tools, review our Cookie Notice.
We have a legitimate interest in using this information to identify unique visitors and understand how users interact with us on their mobile devices.
Mailing List
When you sign up for one of our mailing lists and/or use our “Contact Us” or “Get Updates” functionality, we collect your name, phone number, email address or postal address along with your role in your organization.
We have a legitimate interest in sharing information about our products or services with you and otherwise providing you with marketing or promotional materials.
Social Media Information
We may collect certain information related to your social media usage as it relates to us.
We have a legitimate interest in using this information to understand your usage of and interactions with our social media sites as it relates to us and to generate related content.
Website Interactions
We use technology to monitor how you access and interact with our Site. This may include which links you click on, or information that you type into our online forms. This may also include information about your device or browser. For more information relating to the use of such tools, review our Cookie Notice.
We have a legitimate interest in using this information to understand how you interact with our Site to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud.
Web Logs
We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, device ID, operating system, language preferences, referring website, the length of time you are visiting our Site and/or a date/time stamp for visitors. We may also collect such information in relation to monitoring potential malicious code on our systems, such as through the collection of metadata and traffic data, or portions or hashes (a file that has been converted into a numerical string by a mathematical algorithm) of any of the information listed here.  For more information relating to the use of such tools, review our Cookie Notice.
We have a legitimate interest in monitoring our networks, providing and maintaining the functionality of our Site, including identifying and repairing errors or problems, security incidents, and in investigating, preventing, or taking action regarding possible malicious, deceptive, fraudulent, or illegal activity, including attempts to manipulate or violate our policies, procedures, and terms and conditions.
Applicant Information
For visitors who apply for employment through third-party websites, we may collect information about you, such as your name, location, prior employment history, references, and/or curriculum vitae. We may also collect certain types of Personal Information that may be considered sensitive or special (e.g., race or ethnic origin, information needed to address workplace accommodations, sexual orientation, and/or criminal background information), in accordance with and to the extent permitted by applicable law. The Personal Information collected by these third-party sites will also be subject to the privacy practices and policies of those sites.
We have a legitimate interest in obtaining applicant Personal Information to consider applicants for employment. Supranational law, national law, or a collective agreement requires us to process the data to comply with our obligations and rights, and those of the applicants, in the fields of employment, social security and social protection law.
Product Recommendations, Tools, Quizzes and Surveys 
We may collect health and medical-related information, in connection with your voluntary participation in our product recommendation tools, quizzes, and surveys, and in accordance with and to the extent permitted by law.
We have a legitimate interest in collecting information about your health to provide you with services or products.
Geolocation Information
We may collect information about the location from which you are accessing our Site. For more information relating to the use of such tools, review the Cookie Section below.
We have a legitimate interest in collecting information about your geolocation to provide our Site to you with services and information specific to those available in your location, as well as to provide our Site in a language that may be better suited to your location.
Promotional Material
We may process your Personal Information, such as contact information and name, in order to send you promotional information about ProHealth products and services, special promotions and initiatives such as events, fairs and exhibitions organized by ProHealth.
We have a legitimate interest in sharing information about our products or services with you and otherwise providing you with marketing or promotional materials.
We collect Personal Information about you from different sources: directly from you throughout our relationship through both online and offline interactions, including when you contact us, access our Site, or sign up for and/or use our services; indirectly from you, for example, from observing your actions on our Site; and from other sources, including third parties (such as from companies that also provide marketing lead information), business partners and our affiliates, or publicly available sources.

If you do not provide us with certain Personal Information, we may not be able to fulfill the requested purpose of collection, such as to respond to your queries or request for customer service or to provide the full functionality of our Site to you. However, unless otherwise specified, not providing your Personal Information will not result in legal or other consequences to you.

Although the table above describes our primary purpose in collecting your Personal Information, in many situations we have more than one purpose. As a result, our collection and processing of your Personal Information may be based in different contexts, including with your consent, our need to perform a contract, our obligations under law, and/or our general interest in conducting our business.

Cookies and Similar Tracking Technologies

We and our third-party service providers (such as advertising and analytics providers) use cookies, web beacons, clear GIF, pixels, internet tags, and other similar tracking technologies (collectively, “tracking technologies”) to gather information when you interact with our Sites, and email communications. Some tracking technologies help us maintain the security of our Sites and your account, prevent crashes, fix bugs, save your preferences, and assist with basic site functions. These tracking technologies are “required” because we need them for the websites to work properly. We don’t provide the option to opt-out of these tracking technologies, but you can remove these “required” tracking technologies by modifying your browser settings. Please note, some features of our websites may not be available to you as a result.

We permit third parties to use tracking technologies on our Sites for analytics to understand how visitors interact with our Sites. For example, we use Google Analytics to evaluate website traffic and usage data to help us improve our products and services. For more information about how Google collects and processes data visit https://policies.google.com/technologies/partner-sites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/, and for Adobe please visit https://www.adobe.com/privacy/opt-out.html.

We also permit third parties to use tracking technologies on our Sites for advertising, including to help manage and display advertisements, to tailor advertisements to your interests, or to send abandoned shopping cart reminders (depending on your communication preferences). The third parties use their technology to provide advertising about products and services tailored to your interests which may appear either on our websites or on other websites. This is sometimes referred to as third-party behavioral advertising.

Disclosure Of Your Personal Information

Generally, we may disclose the Personal Information we collect to facilitate our communications with customers, to operate our business, to advertise or promote our services, or with your consent.

In addition to the specific situations discussed elsewhere in this Notice, we may disclose your Personal Information to third parties in the following ways:

  • Service Providers. We may disclose Personal Information to authorized third parties who perform services for us (including cloud services, data storage, sales, human resources, and marketing). Our contracts with our service providers include commitments that they agree to limit their use of Personal Information and to comply with privacy and security standards at least as stringent as the terms of this Notice. Remember that if you provide Personal Information directly to a third party, such as through a link on the Site, that processing is typically based on their standards.

  • Affiliated Companies. We may disclose such Personal Information with subsidiaries, affiliates or joint ventures as needed to provide our products and services and generally as necessary in the administration of a global organization.

  • Corporate Transaction. We may disclose your Personal Information in connection with a proposed or actual corporate merger, acquisition, consolidation, sale of assets, bankruptcy, insolvency or other corporate change. Such recipient will be bound by terms and conditions reasonably similar to those set out in this Notice.

  • Other Parties. We may disclose your Personal Information to legal, governmental, or judicial authorities, as instructed or required by those authorities or applicable laws, or in relation to a legal activity, such as in response to a subpoena or an investigation of suspected illicit activity. We may also disclose such Personal Information if we believe disclosure is necessary to prevent physical, financial, or other harm, injury, or loss.

  • Deidentified Personal Information. We may disclose or use aggregated or de-identified data for any lawful purpose. Deidentified information is generally not considered to be Personal Information under applicable laws.

  • Other Disclosures With Your Consent. We may disclose your Personal Information with your consent to other unaffiliated third parties who are not described elsewhere in this Notice. 

Security Measures

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 unauthorized access, use, or disclosure, we cannot guarantee the security of your Personal Information. We encourage you to use caution when using the Internet. If you have reason to believe that your interaction with us is no longer secure, please immediately notify us as specified in the “Contact Us” section below.  In the event that we are required by law to inform you of a breach to your Personal Information, we may notify you electronically, in writing, or by telephone, if permitted to do so by law.

Data Retention

The time periods for which we retain your Personal Information depend on the purposes for which we use it and applicable law for the type of data and use. We will keep your Personal Information for as long as you are a registered subscriber or user of our Services or for as long as we have a valid business purpose to do so and, thereafter, for no longer than is required or permitted by law. The Personal Information we collect may be stored and processed in servers in the United States and/or other jurisdictions where we, or our service providers, have facilities.

Children’s Privacy

Our Sites are not intended for or directed to children under the age of 13. We do not knowingly collect Personal Information directly from children under the age of 13 without parental consent. If we become aware that a child under the age of 13 has provided us with personal information, we will delete the information from our records.

Your Rights

Depending on where you are located, you may have additional rights, as detailed below.

  • The right to access: You may have the right to obtain from us confirmation as to whether or not Personal Information concerning you is being processed, and, where that is the case, to request access to the Personal Information. This access to information includes the purposes of the processing, the categories of Personal Information concerned, and the recipients or categories of recipient to whom the Personal Information have been or will be disclosed, among other categories of information. However, this is not an absolute right and the interests of other individuals may restrict your right of access. You may have the right to obtain a copy of the Personal Information free of charge. For further copies requested by you, we may charge a reasonable fee based on administrative costs.

  • The right to rectification (right to correct inaccurate information): You may have the right to request that we correct any Personal Information about you that is inaccurate. Depending on the purpose of the processing, you also have the right to request that we complete the Personal Information we hold about you where you believe it is incomplete, including by means of providing a supplementary statement.

  • The right to erasure (right to be forgotten): You may have the right to request that we erase your Personal Information, under certain conditions. Please note that in many situations we must retain all, or a portion, of your Personal Information to comply with our legal obligations, resolve disputes, enforce our agreements, to protect against fraudulent, deceptive, or illegal activity, or for another one of our business purposes.

  • The right to restrict processing: You may have the right to request that we restrict the processing of your Personal Information, under certain conditions. In such case, the respective data will be marked and may only be processed by us for certain purposes.

  • The right to object to processing: You may have the right to object to our processing of your Personal Information, under certain conditions, and we can be required to no longer process your Personal Information. If you have a right to object and you exercise this right, your Personal Information will no longer be processed by us for such purposes. Such a right to object may, in particular, not exist if the processing of your Personal Information is necessary to take steps prior to entering into a contract or to perform a contract already concluded.

  • The right to data portability: You may have the right to request that we transfer the Personal Information we have collected about you to another organization, or directly to you, in a structured, commonly used, and machine-readable format, under certain conditions.

  • The right to withdraw consent: Where we rely on your consent to process your Personal Information, you have the right to withdraw that consent at any time with future effect. Such a withdrawal will not affect the lawfulness of the processing prior to the consent withdrawal.

  • Managing Communication Preferences: You can stop receiving promotional e-mails at any time by clicking on the “unsubscribe” link at the bottom of any promotional e-mail that you receive from us; or by logging into your account, and managing your email preferences.  We may still send you some important emails, like responding to you by email if you send us a request or comment. You can opt-out of receiving text messages from us by replying “STOP” to the text message you receive from us. Please note that this will only opt you out of the specific text messaging program associated with that number.

We do not discriminate against individuals who exercise any of their rights described in this Notice. However, we may require the use of your Personal Information to provide access to the Services. Therefore, when you exercise your deletion right, in particular, as well as other rights you may lose access to certain aspects of the services that require your Personal Information.

If you are in the European Union, you may also have the right to lodge a complaint with the competent data protection supervisory authority if we have not addressed your questions or concerns about Personal Information.

Exercising Your Rights

To exercise your rights, please contact us as stated in the “Contact Us” section of this Notice, or you may submit a request to us by either:

If you choose to assert any of these rights under applicable law, we will respond within the time period prescribed by applicable law. Please note that many of the rights listed in the “Your Rights” section are subject to exceptions and limitations. Further, we may request additional information to respond to or fulfill any requests regarding your rights under applicable laws or regulations. Your rights and our responses will vary based on your country or territory of residency.

In certain jurisdictions, a person authorized to act on your behalf may make a verifiable consumer request related to your Personal Information. If you designate an authorized person to submit requests to exercise certain privacy rights on your behalf, we will require verification that you provided the authorized agent with such permission. Specifically, you must provide us with a copy of the signed permission you have given to the authorized agent to submit the request on your behalf and verify your own identity directly with us.

Your verifiable request must: (i) provide sufficient information that allows us to reasonably verify that you are the person about whom we collected Personal Information or an authorized representative; and (ii) describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it. We will only use Personal Information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Miscellaneous

The following additional information relates to our privacy practices:

  • Notice of Financial Incentive. We offer a monthly newsletter that provides certain perks, such as free shipping events and exclusive offers. When you sign up for our newsletter, we ask you to provide your email address. Because our newsletter involve the collection of personal information, they might be interpreted as a “financial incentive” program under California law. The value of your personal information to us is related to the value of the free or discounted products or services, or other benefits that you obtain or that are provided as part of the applicable program, less the expense related to offering those products, services, and benefits to newsletter participants.

  • Links To Other Websites.  Our Site may contain links to other websites for your convenience and information. These websites may be operated by companies not affiliated with ProHealth. Linked websites may have their own privacy policies or notices, which we strongly suggest you review if you visit those websites. We have no control over third-party websites and are not responsible or liable for the content, privacy practices, or use of any websites that are not affiliated with ProHealth.

  • Transmission of Information to Other Countries.  We transmit information between and among our affiliates and to service providers. As a result, your Personal Information may be processed in a foreign country where privacy laws may be less stringent than the laws in your country. Nonetheless, where possible we take steps to treat Personal Information using the same privacy principles that apply pursuant to the law of the country in which we first received your Personal Information. If you would like more information concerning our measures to apply the privacy principles applicable in one jurisdiction to data when it goes to another jurisdiction, you can contact us using the contact information below.

  • Changes to This Privacy Notice.  As ProHealth grows and our business changes, We may change our Privacy Notice and practices over time. We reserve the right to modify, expand, or update this Notice at any time as we deem appropriate to reflect those changes. To the extent that our Privacy Notice changes in a material way, the Privacy Notice that was in place at the time that you submitted Personal Information to us will generally govern that Personal Information unless we receive your consent to the new Privacy Notice. Our Privacy Notice includes an “effective” and “last updated” date. The effective date refers to the date that the current version took effect. The last updated date refers to the date that the current version was last substantively modified.

Contact Us

If you have questions or concerns regarding this Notice, would like to access the Notice in an alternative format, please contact us by email at customerloyalty@prohealth.com, or by one of the following additional methods:

By calling us at (800) 366-6056, or by writing to us at:
ProHealth, Inc.
555 Maple Ave
Carpinteria, CA 93013 USA

Effective date: December 30, 2022

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