Privacy Policy for California Residents
Batriatric, Inc. Privacy Policy for California Residents
Effective Date: March 12th, 2020
Last Updated on: March 12th, 2020
This Privacy Policy for California Residents supplements the information contained in Bariatric’ Privacy Policy aand applies solely to all visitors, users, and others who reside in the State of California ("consumers" or "you"). We provide this Policy to comply with the California Consumer Privacy Act of 2018 (CCPA), and any terms defined in the CCPA have the same meaning when used in this Policy.
This Policy does not apply to our job applicants, employees, contractors, owners, directors, or officers residing in California where the personal information we collect about those individuals relates to their current, former, or potential role with us.
As noted in this Policy, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication ("B2B personal information") from some of its requirements.
Information We Collect
We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device ("personal information ").
The following chart details which categories of personal information we collect, as well as which categories of personal information we have collected and disclosed for our operational business purposes within the last twelve (12) months:
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Categories of personal information
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Disclosed to which categories of third parties for operational business purposes
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A. Identifiers, such as name, contact information including postal and email addresses, account name, unique personal identifier, Internet Protocol address and other online identifiers.
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Our affiliates and subsidiaries; third-party service providers and contractors; trusted business partners that support our provision of services.
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B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)), such as name, contact information, physical characteristics or description, address, telephone number, credit card number, debit card number, or any other financial information, and medical information.
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Our affiliates and subsidiaries; third-party service providers and contractors; trusted business partners that support our provision of services.
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C. Protected classification characteristics under California or federal law, such as age, gender, and medical condition
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Our affiliates and subsidiaries; third-party service providers and contractors; trusted business partners that support our provision of services.
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D. Commercial information, such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.
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Our affiliates and subsidiaries; third-party service providers and contractors; trusted business partners that support our provision of services.
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E. Biometric information, such as sleep, health, or exercise data.
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Our affiliates and subsidiaries; third-party service providers and contractors; trusted business partners that support our provision of services.
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F. Internet or other similar network activity, such as such as browsing history, search history, and interactions with our online services.
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Our affiliates and subsidiaries; third-party service providers and contractors; trusted business partners that support our provision of services.
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G. Geolocation data, such as device location and approximate location derived from IP address.
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Our affiliates and subsidiaries; third-party service providers and contractors; trusted business partners that support our provision of services.
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H. Sensory data, including audio, electronic, visual and similar information, such as call recordings.
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Our affiliates and subsidiaries; third-party service providers and contractors; trusted business partners that support our provision of services.
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I. Inferences drawn from any of the personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics.
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Our affiliates and subsidiaries; third-party service providers and contractors; trusted business partners that support our provision of services.
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We obtain the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete or products and services you purchase.
- Indirectly from you. For example, from observing your actions on our Website.
- When you correspond with us about our products and services. For example, if you contact Bariatric or use our products and services and provide us with information regarding your experience using our products, we may use the information you provide in submitting reports to the U.S. Food and Drug Administration and as otherwise required by law.
- When you connect with us through Social Media. Certain services may link to social media platforms and social media plug-ins (e.g., The Facebook “Like” button, “Share to Twitter” button (“Social Media”). When using the services through a Facebook or other Social Media accounts, Bariatric may automatically have access to information provided to or through the Social Media platform. Bariatric may collect and use this information for the purposes outlined in this Policy.
- Through Data Collection Tools. For example, we collect information about the use of our services and products through data collection tools, such as web beacons and cookies. A “web beacon” is a piece of code that enables us to monitor user activity and website traffic. A” cookie” is a randomly-generated unique numeric code stored in the user’s web browser settings or computer’s hard drive. A cookie typically contains the name of the domain (internet location) from which the cookie originated, the “lifetime” of the cookie (i.e., when it expires), as well as the randomly generated unique numeric code. We use this information to monitor usage patterns, store information about user preferences, and to improve our products and services.
- Through Service Providers that assist us with our business operations that collect and use information through the service and also may share the collected information with us. For example, our service providers collect and share information with us to analyze the use of the services and products and to improve user experience.
Use of Personal Information
We may use or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To provide, support, personalize, and develop our Website, products, and services.
- To create, maintain, customize, and secure your account with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our consumers is among the assets transferred.
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 in the preceding twelve (12) months, 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.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Right to Know and Data Portability
You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the "right to know"). You may request that we disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting personal information about you.
- 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.
- The specific pieces of personal information we collected about you (also called a data portability request).
The CCPA does not require providing the right to know or data portability for B2B personal information.
Right to Delete
You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (the "right to delete").
The CCPA does not require providing these deletion rights for B2B personal information.
Exercising Your Rights to Know or Delete
To exercise your rights to know or delete described above, please submit a request by either:
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 as your email address or Bariatric Customer Account number, in order to verify your identity and protect against fraudulent requests. If you maintain a password-protected account with us, we may verify your identity through our existing authentication practices for your account and require you to re-authenticate yourself before disclosing or deleting your personal information. 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 provided e-mail address.
- Validating your identity with valid form of identification.
Non-Discrimination
You have the right to be free from unlawful discrimination for exercising any of your CCPA rights.
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.
Changes to this Policy
We reserve the right to amend this Policy at our discretion and at any time. When we make changes to this Policy, we will post the updated Policy on the Website and update the Policy’s“Last Updated” date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.
Contact Information
If you have any questions or comments about this Policy, please do not hesitate to contact us at:
Phone: 800-692-9400
Website: metagenics.com
Email: [email protected]
Postal Address:
Metagenics, Inc.
Attn: CCPA/Privacy Office
25 Enterprise, Suite 200, Aliso Viejo, CA 92656
If you need to access this Policy in an alternative format due to having a disability, please contact [email protected] and 800-692-9400.
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