Privacy Policy for California Residents

Metagenics LLC Privacy Policy for California Residents

Effective Date: January 1^st, 2023

Last Updated on: December 22^nd, 2022

• Information We Collect and Disclose
• Sources of Personal Information
• Purposes for the Collection, Use, and Disclosure Personal Information
• Purposes for the Use and Disclosure of Sensitive Personal Information
• Retention Period
• Rights and Requests
• Authorized Agents
• De-Identified Information
• Changes to this Privacy Policy
• Contact Information

This Privacy Policy for California Residents supplements the information contained in Metagenics’ Privacy Policy and applies solely to all visitors, users, and others who reside in the State of California (“consumers” or “you“). We provide this Privacy Policy to comply with the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020 (collectively, the “CCPA”), and any terms defined in the CCPA have the same meaning when used in this Privacy Policy.

This Privacy 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.

Information We Collect and Disclose

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:

Sources of Personal Information

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 Metagenics 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, Metagenics may automatically have access to information provided to or through the Social Media platform. Metagenics 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.

Purposes for the Collection, Use, and Disclosure 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 or “shares” personal information for purposes of cross-context behavioral advertising, it must allow California residents to opt out of the sale or sharing of their personal information. However, we do not sell or share and have not sold or shared personal information, including sensitive personal information, in the preceding twelve (12) months, as these terms are defined in the CCPA. For example, and without limiting the foregoing, we do not sell or share personal information, including sensitive personal information, of minors under 16 years of age.

Purposes for the Collection and Use of Sensitive Personal Information

Subject to your consent where required by applicable law, we may use sensitive personal information for purposes of performing services for our business, providing goods or services as requested by you, ensuring security and integrity, short term transient use such as displaying first party, non-personalized advertising, order processing and fulfillment, servicing accounts, providing customer service, verifying customer information, processing payments, providing financing, and activities relating to quality and safety control or product improvement.

Retention Period

We retain personal information for as long as needed or permitted in light of the purpose(s) for which it was collected. The criteria used to determine our retention periods include:

• The length of time we have an ongoing relationship with you and provide services to you, for example, for as long as you have an account with us or keep using our services, and the length of time thereafter during which we may have a legitimate need to reference your personal information to address issues that may arise;
• Whether there is a legal obligation to which we are subject, for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them; or
• Whether retention is advisable in light of our legal position, such as in regard to applicable statutes of limitations, litigation or regulatory investigations.

Rights and Requests

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.

1. You may request that we disclose to you the following information:
   1. The categories of personal information we collected about you and the categories of sources from which we collected such personal information;
   2. The business or commercial purpose for collecting personal information about you;
   3. The specific pieces of your personal information, including, where applicable, a copy of your personal information in a portable format; and
   4. The categories of personal information about you that we disclosed, and the categories of third parties to whom we disclosed personal information.
2. You may request that we correct inaccuracies in your personal information.
3. You may request that we delete the personal information we collected from you.

Exercising Your Rights

To exercise your rights to know or delete described above, please submit a request by either:

• Calling us at 800-692-9400.
• 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 as your email address or Metagenics 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 an agent would like to make a request on your behalf as permitted under applicable law, the agent may use the submission methods noted in the section entitled “Rights and Requests.”  As part of our verification process, we may request that the agent provide, as applicable, proof concerning his or her status as an authorized agent.  In addition, we may require that you verify your identity as described in the section entitled “Rights and Requests” or confirm that you provided the agent permission to submit the request.

Changes to this Policy

We reserve the right to amend this Privacy Policy at our discretion and at any time. When we make changes to this Privacy Policy, we will post the updated Privacy Policy on the Website and update the Privacy 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: PrivacyOffice@metagenics.com
Postal Address:
Metagenics LLC
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 PrivacyOffice@metagenics.com and 800-692-9400.