Nutri-Genetix Privacy Policy

INTRODUCTION

At Nutri-Genetix we know that your personal and genetic information is incredibly sensitive so we treat it with the importance it deserves. We respect your privacy and are committed to protecting your personal data and handling it only in the way that we disclose.

This privacy policy tells you how Nutri-Genetix and its partners use your personal data when you visit our website or interact with us, including when you sign up to our newsletter, use our products and services or take part in a competition.

We will be transparent with what Information we hold, collect and Process, and, to the extent possible, we will also give you control of the Information you provide us with.

It also tells you your privacy rights and how the law protects you.

It is important that you read this privacy policy, together with any other privacy notices we may show you from time to time, so that you are fully aware of how and why we are using your personal data.

This website is not intended for children and we do not knowingly collect data relating to children.

This Privacy Policy may be amended from time to time as necessary and/or required by Applicable Law. Any material changes to the Privacy Policy or how we use your Information will be notified either via our site or services, by notice posted to user accounts or by email to existing users if appropriate.

To use any Nutri-Genetix Products or Services, you must agree to this Privacy Policy. You may not use our Services if you do not accept this Privacy Policy as it forms part of the Nutri-Genetix Terms of Service.

If you have any questions, please see How to Contact Nutri-Genetix section about privacy.

WHO WE ARE

Nutri-Genetix provides convenient, high quality natural nutrition products that are genetically personalised to you.

Nutri-Genetix is the data controller responsible for this website. Being the data controller means we are responsible for deciding why and how we use personal data in our business.

HOW WE COLLECT DATA

There are lots of different ways in which we may collect data, or receive data, and you can see an explanation of the main ways below.

You may give us data when you interact with us

You may give us data by filling in forms, corresponding with us or using our products or services. This includes data you provide when you:

  • sign up to receive our newsletter;
  • make enquiries or request information be sent to you;
  • create an account on our website;
  • order our products;
  • provide a saliva sample for DNA testing;
  • ask for direct marketing to be sent to you;
  • use ‘refer a friend’;
  • participate in our forum;
  • engage with us on social media;
  • enter a competition, promotion or survey;
  • contact customer services; or
  • leave comments or reviews on our products or services.

 

We may get some data automatically

As you interact with us, including via the Nutri-Genetix website and social media channels, we may automatically collect data about your equipment, browsing actions and patterns. We may also collect data when you click on one of our adverts (including those shown on third party websites or via social media).

We may obtain some data from third parties

We may receive data about you from various categories of third parties, including:

  • from providers of services which facilitate our ecommerce operations, including ecommerce platforms and payment and fraud prevention services;
  • from analytics providers, advertising networks and search information providers; from data partners;
  • from your friends who referred you using ‘refer a friend’;
  • from publicly available sources; and from any third parties who are permitted by law or have your permission to share your personal data with us, such as via social media or review sites.

 

TYPES OF PERSONAL DATA WE COLLECT

Personal data, or personal information, means any information about an individual from which that person can be identified. It does not include data where the identity has been removed (anonymous data).

This personal data we collect falls into these categories:

  • Identity Dataincludes title, gender, first name, maiden name, last name, date of birth, username or similar identifier and your login/password. If you interact with us through social media, this may include your social media user name.
  • Contact Dataincludes billing address, delivery address, email address and telephone numbers.
  • Genetic Information Data – includes personal information related to your genotype (e.g. A, T, C, and G at different genetic markers), generated through the analysis of your saliva test which will be processed by us. The genetic variants identified enable us to personalise our product to your DNA. We will not report on anything outside of these markers including but not limited to infectious agents, biomarkers of disease or any other clinical or medical significance. Once your results have been generated, any sample is securely destroyed as per our lab quality manual and process.
  • Financial Dataincludes payment card and direct debit/bank account details.
  • Transaction Dataincludes details about payments to and from you and other details of products and services you have purchased from us.
  • Profile Dataincludes your username and password, purchases or orders made by you, your interests, preferences, feedback and survey responses, as well as any profile data which we have added (for example, using analytics and profiling).
  • Technical Dataincludes internet protocol (IP) address, your login data, browser type and version, time zone setting and location, browser plug-in types and versions, operating system and platform and other technology on the devices you use to access this website.
  • Usage Dataincludes information about how you use our website, products and services, and any of the content you contribute to the forum.
  • Tracking Dataincludes information we or others collect about you from cookies and similar tracking technologies, such as web beacons, pixels, and mobile identifiers.
  • Marketing and Communications Dataincludes your preferences in receiving direct marketing from us and our third parties and your communication preferences.

 

We also collect, use and share Aggregated Data such as statistical or demographic data for any purpose. Aggregated Data may be derived from your personal data but is not considered personal data in law as this data does not directly or indirectly reveal your identity. For example, we may aggregate your Usage Data to calculate the percentage of users accessing a specific website feature.

However, if we combine or connect Aggregated Data with your personal data so that it can directly or indirectly identify you, we treat the combined data as personal data which will be used in accordance with this privacy policy.

Any Information collected by us will be held by Nutri-Genetix as a Controller. Information will only be used for the Purposes as described in this Privacy Policy and any additional Consent Document or agreement that we may enter with you. You agree to these Purposes when you formally acknowledge the Consent Document. If you choose not to share personal data with us, or refuse certain contact permissions, we might not be able to provide the products and services you’ve asked for.

Nutri-Genetix does not provide direct to consumer Services directly to anyone under the age of 18 (eighteen) years old or as otherwise provided by the rules of a member state of the European Union or other Applicable Law, and therefore does not knowingly Process Information for such Data Subjects ("Children's Personal Information"). All reasonable effort is made to ensure Users are not under age, but should we discover a User to be under the age threshold then this would be considered a violation of the Terms of Service and all agreements with such User will be terminated, Services revoked, and Children's Personal Information will be deleted as detailed in the Data retention section of this Privacy Statement.

EXPLAINING THE LEGAL BASES FOR USING PERSONAL DATA

We will only use your personal data when the law allows us to. Most commonly, we will use your personal data in the following circumstances:

  • Where we need to perform the contractwe are about to enter into or have entered into with you. For example, when you purchase our products, that’s a contract between you and us for us to supply the products to you.
  • Where it is necessary for our legitimate interests(or those of a third party) and your interests and fundamental rights do not override those interests. For example, fraud screening as part of the check-out process or keeping our website secure.
  • Where we need to comply with a legal or regulatory obligation. For example, keeping records of our sales for tax compliance.

 

Generally, we do not rely on consent as a legal basis for processing your personal data other than where the law requires it, for example in relation to sending certain direct marketing communications. Where our legal basis is consent, you have the right to withdraw consent any time.

See How and why we use your personal data below for more detailed information.

HOW AND WHY WE USE YOUR PERSONAL DATA

General use of Information:

  • In terms of your consent - Once we have received your consent to Process your Information for the specified Purposes, this consent gives us the legal basis to Process your Information, including your Personal Sensitive Information, for providing the Services. We also rely on your explicit consent to Process your Genetic Information (as detailed below) and you have the right to withdraw your consent at any time.
  • In terms of contractual commitments with you - We also will Process your Information on the basis of a contractual commitment to you in terms of the agreement that we have entered with you. For example, we will need to Process your Payment Information and other Information necessary for purposes of our agreement with you.
  • On the bases of our legitimate interests - We may also Process your Information on the bases of our legitimate interests, including to offer new products and Services to you, inform you about events, invite you to participate in relevant Nutri-Genetix research; obtain testimonials for promotional purposes, perform quality control checks and to conduct R&D.
  • In terms of contractual commitments with you - We may Process your Information to enable you to create and access a free online account (which will be subject to this Privacy Policy, the Terms of Service and Terms of Use). This account will allow you to receive the Services, access your Information, and control your preferences in respect of your Information and is necessary for the agreement that we have entered with you. Related Processing may include communications requesting you to review and update your Information.

 

Processing of your Sensitive Personal Information:

  • In terms of your prior consent - We will Process your Sensitive Personal Information only with your prior, written and express consent in order to provide you with the Services in terms of the agreement entered with you. We will obtain this consent from you when entering into an agreement or in terms of the Consent Document, depending on the circumstances;
  • As required by a legal obligation - We may also Process your Sensitive Personal Information where the Processing is required or permitted by Applicable Law or for the detection or prevention of crime (including the prevention of fraud); or
  • When necessary for the establishment, exercise or defence of legal rights - Where the Processing is necessary for the establishment, exercise or defence of legal rights, we may Process your Sensitive Personal Information.

 

Processing of your genetic information

  • For Nutri-Genetix to create personalised products and services we work with third parties to collect and process your genetic information
  • When this genetic information is processed by third parties the information is anonymised, your privacy will be maintained and the third parties will not be able to identify you.

 

Processing to create information:

  • We may Process your Information to create Anonymous Information which may be disclosed to third parties. If we use your Information in terms of this clause, your privacy will be maintained and the third parties will not be able to identify you.

 

Processing for Nutri-Genetix Research and R&D:

  • We may Process your Information if you have provided prior, express and voluntary consent for your Genetic Information and Self-Reported Information to be used in any Nutri-Genetix Research and R&D. This Processing includes sharing your Information with contracted third parties for Purposes of Nutri-Genetix Research and R&D.
  • If we want to use any Nutri-Genetix Research that includes your Information, even if only Anonymised Information, for scientific publication, such publication will be subject to full IRB (Institutional Review Board) approval and we will also obtain your consent with a Consent Document before authorising any such publication.
  • We will request your express written prior consent before sharing or publishing your Information for Nutri-Genetix Research or R&D Purposes through a Consent Document.

 

Additional Purposes for Processing Information:

  • Marketing and Advertising - From time to time we may send you communications not directly related to the provision of the Services, but about new services available to you, discounts and event invitations. We may also direct advertising to you via third party sites including social media. We will only send marketing material to you in accordance with this Privacy Policy, where we have a legitimate interest to do so, where you have opted-in to such communications or as determined by your web browser/cookie settings. You may change your marketing preferences at any time via your Nutri-Genetix account settings.
  • Location - We use device and IP locations to determine the regional version of Our Site to be displayed relevant to the country from which you are accessing Our Site. You can manage your location settings from your device or computer but please note if these are switched off, the default version of Our Site (the United Kingdom version) will be displayed.
  • Messages - We collect Information when you send, receive, or engage in messaging with Nutri-Genetix. We do this to delegate your inquiries to the correct department. We also use analytics from your messages to determine ongoing service and resource needs.
  • Complaints - We may use your Personal Information to investigate, respond to and resolve complaints and Service issues.

 

COOKIES

A cookie is a small file of letters and numbers that we store via your browser.

Our website uses cookies to distinguish you from other users of our website. This helps us to provide you with a good experience when you browse our website and also allows us to improve our site.

We use the following categories of cookies:

  • Strictly necessary cookies. These are cookies which are needed to make the website work properly. They include, for example, cookies that enable you to log in, use a shopping cart or make secure payments.
  • Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
  • Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region). These also allow us to tell if you’ve left any products in your basket without checking out.
  • Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website relevant to your interests and for advertising and retargeting purposes. We may also share this information with third parties for this purpose.

 

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our site.

Please be aware that if you delete your cookies, two things will happen:

  • We will no longer know that you've opted out of online behavioural advertising, so our adverts will still appear to you on other websites.
  • We will no longer automatically recognise any website preferences that you have set.

 

DISCLOSURES OF YOUR PERSONAL DATA

We may share your personal data with the third parties set out below for the purposes set out in this privacy policy. We may also share your personal data if the law otherwise allows it.

We may share personal data with the following categories of third parties:

  • suppliers and service providers (such as outsourced services partners, technology service providers, manufacturers and post and courier services);
  • research contractors where you have given consent to participate in Nutri-Genetix Research and R&D;
  • payment services providers, via Shopify (see below) – payment processors may take your personal data directly from you as part of processing a purchase, and they will be data controllers in their own right for that processing;
  • auditors and professional advisers like bankers, lawyers, accountants and insurers;
  • government, regulators and law enforcement; and
  • with anyone else as provided for in terms of your explicit prior consent to do so.

 

We share personal data with the following specific third parties:

  • Shopify, who are the ecommerce platform we use for our website. The Shopify privacy policy tells you all the details you need to know about what information Shopify collect from you when you use our website or buy our products, and how Shopify may use and share it when we use them to support us with processing orders, risk and fraud screening, authentication and payments. You can read the full Shopify privacy here; in particular see the section about Information from buyers. Shopify also carries out some automated decision making, for example screening IP addresses or payment information to block potentially fraudulent transactions for a short period of time. If you have any questions about the Shopify privacy policy you can contact them directly.
  • E-PickPack: to help us fulfil and deliver our orders.

 

We also share data with third parties connected to advertising, retargeting and analytics. Please see Cookies above, including the cookie list, for more information about who those third parties are.

We may also share data with third parties to whom we may choose to sell, transfer, or merge parts of our business or our assets. Alternatively, we may seek to acquire other businesses or merge with them. If a change happens to our business, then the new owners may use your personal data in the same way as set out in this privacy policy.

We require all third parties to respect the security of your personal data and to treat it in accordance with the law. We do not allow our third-party service providers to use your personal data for their own purposes and only permit them to process your personal data for specified purposes and in accordance with our instructions.

SELF-DIRECTED SHARING AND DISCLOSURE

We may provide you with the ability to engage with other Users and share your Information through Our Site and social media channels.

You may choose which Information to share in this manner and may include your Sensitive Personal Information, such as your Genetic Information. Sharing Information in terms of this clause is voluntary and you control what you share. Please do not post any Information that you do not want publicly accessible.

INTERNATIONAL TRANSFERS

We make Our Site and Services available to Users across the world, and similarly, make use of service providers in jurisdictions outside the European Economic Area ("EEA"). Therefore, your Information may be transferred outside the EEA to Processors for various Processing Purposes.

Where we transfer Information to countries outside the EEA, the Processors who Process the Information will be required to enter into a data processing agreement setting out how they may Process the Information and further requiring them to comply with the GDPR and other relevant Applicable Laws to protect your individual rights. We require all Processors to have appropriate technical and security safeguards and measures to protect that Information.

DATA SECURITY

We have put in place appropriate security measures to prevent your personal data from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.

We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

DATA RETENTION

Information will be retained for as long as a User's account is active. Accounts will be closed within 30 (thirty) calendar days of a written request by the User or termination of an agreement with a User in terms of the Terms of Service.

We will only retain your personal data for as long as necessary to fulfil the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.

All Information will be deleted from your account and the Nutri-Genetix database with the following exceptions:

  1. Genetic Information and/or Self-Reported Information that you have previously disclosed and for which you have completed the Consent Document for use in Nutri-Genetix Research and/or R&D will not be removed from ongoing or completed studies that use such Information unless you expressly revoke your consent in respect of such Information being used for those Purposes. We will however inform any recipient of your Information for Nutri-Genetix Research or R&D that you have closed your account and not use the Information in any new Nutri-Genetix Research and/or R&D after your account is closed. We will keep a record of any Processors that will retain your information for this Purpose;
  2. Electronic Consent Documents (e.g. scanned paper forms or online consent history) will be retained indefinitely under strict access control on our database to maintain the record that DNA testing was completed with your permission. Paper Consent Documents will be securely destroyed 5 years from the date the account closure or data deletion request is received by Nutri-Genetix; and
  3. We must keep Information relating to orders for Services and payment history for accounting purposes for 7 (seven) years to meet HMRC requirements.

By law we have to keep basic information about our customers (including Contact, Identity, Financial and Transaction Data) for six years after they cease being customers for tax purposes.

All Processors will be instructed to delete any Information stored by them subject to the above exceptions.

HOW TO CONTACT NUTRI-GENETIX ABOUT PRIVACY

If you have any questions about this privacy policy, or would like to exercise any of your rights, please email us at contact@nutri-genetix.com or write to us at Flat 3, Shield House, 22A Sutton Place, London, E9 6EH, United Kingdom.

You have the right to make a complaint at any time to the Information Commissioner’s Office (ICO), the UK supervisory authority for data protection issues (www.ico.org.uk). We would, however, appreciate the chance to deal with your concerns before you approach the ICO so please contact us in the first instance.

THIRD-PARTY LINKS

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit.

BUSINESS TRANSITIONS

If Nutri-Genetix is bought, sold, transferred, spun-out or merged with another entity, you will be given notice and your Information will be transferred to such entity, along with the other assets of Nutri-Genetix. In this case, your Information would remain subject to this Privacy Policy until such a time as a replacement privacy policy is issued. If you do not agree to any new policies and terms published or to the transfer of your Information in terms of this clause, you have the right to terminate your relationship with us, close your account and request that your Information be deleted (in so far as your right to deletion is not limited).

IF YOU FAIL TO PROVIDE PERSONAL DATA

Where we need to collect personal data by law, or under the terms of a contract we have with you and you fail to provide that data when requested, we may not be able to perform the contract we have or are trying to enter into with you (for example, to provide you with goods or services). In this case, we may have to cancel a product or service you have with us but we will notify you if this is the case at the time.

CHANGE OF PURPOSE

We will only use your personal data for the purposes for which we collected it, unless we reasonably consider that we need to use it for another reason and that reason is compatible with the original purpose.

If we need to use your personal data for an unrelated purpose, we will notify you and we will explain the legal basis which allows us to do so.

Please note that we may process your personal data without your knowledge or consent, in compliance with the above rules, where this is required or permitted by law.

If you do not agree to any changes, you may request to discontinue your use of the Nutri-Genetix Services and Our Site.

YOUR LEGAL RIGHTS

Subject to Applicable Law, you may have certain rights regarding the Processing of your Information, including:

  • the right not to provide your Information to us (exercising this right may result in us not being able to provide you with the full benefits of Our Site and/or Services);
  • the right to object to the Processing of your Information;
  • the right to request access to, or copies of, your Information, along with information about the nature, Processing and disclosure of your Information;
  • the right to request that your Information be corrected and/or updated;
  • the right to request erasure of or restriction of Processing of your Information (this right may be limited on certain legal grounds as discussed in this Privacy Policy);
  • the right to have your Information transferred to another Controller, to the extent applicable;
  • the right to withdraw your consent that was given to us for Processing your Information (exercising this right does not affect the lawfulness of any Processing performed prior to the date on which we receive notice of such withdrawal, and does not prevent the Processing of your Information based on any other available legal bases); and
  • the right to lodge complaints with a Protection Authority regarding the Processing of your Information by us or on our behalf.

To exercise one or more of the rights described in this Privacy Policy, or to ask a question about these rights or any other provision of this Policy, or about our Processing of your Personal Information, please use the contact details in the How to contact Nutri-Genetix about privacy section above.

You will not have to pay a fee to access your personal data (or to exercise any of the other rights). However, we may charge a reasonable fee if your request is clearly unfounded, repetitive or excessive. Alternatively, we may refuse to comply with your request in these circumstances.

We may need to request specific information from you to help us confirm your identity and ensure your right to access your personal data (or to exercise any of your other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. We may also contact you to ask you for further information in relation to your request to speed up our response.

We try to respond to all legitimate requests within one month. Occasionally it may take us longer than a month if your request is particularly complex or you have made a number of requests. In this case, we will notify you and keep you updated.

It is important that the personal data we hold about you is accurate and current. Please keep us informed if your personal data changes during your relationship with us.