OPTIFAST® Privacy Notice
Last Updated: August 16, 2023
|Notice at Collection|
|What categories of Personal Information do we collect?||What are the purposes for which we collect and use your Personal Information?|
TYPES OF PERSONAL INFORMATION WE COLLECT
When information identifies or is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household, we refer to it as “Personal Information,” which we collect from you and about you. This may include:
|Personal Information Categories||Specific Personal Information|
|Identifiers||We may collect your name, mailing address, email address, mobile and telephone phone number, IP address, social network details, or other similar identifiers.|
|Any Personal Information Described in Subdivision (e) of Section 1798.80|
We may collect the following:
|Characteristics of Protected Classifications under California or Federal Law.||We may collect your age and gender.|
We may collect information about the products or services purchased, obtained, considered or returned, as well as other purchasing or consuming histories, behaviors or tendencies, and the following:
|Internet or other Electronic Network Activity Information||This includes information related to your browsing history, search history and other information regarding your interactions with the Services or advertisements, including, without limitation, actions you perform (e.g., clicks, mouse movements, keystrokes, and entering and submitting information) on the Services. As you navigate through and interact with the Services, or our communications, we may use automatic data collection technologies to collect certain data about your device(s) and your actions. This includes data such as which links you click on, which pages or content you view and for how long, and other similar data and statistics about your interactions, such as content response times, download errors, and length of visits to certain pages, as well as operating system type and web browser type and version.|
|Audio, Electronic, Visual, or Similar Information||This data may include photos and videos that you share with us as consumer-generated content or via third-party social networks, as well as recordings of and information you provide during your conversations with us. We may also visually record your interactions with the Services, including your mouse clicks, movement, scrolling, and navigation through the Services. This does not include any data from your device’s camera.|
|Sensitive Personal Information|
This includes health information, medical conditions, nutrition, supplement intake, dietary preferences, weight and fitness-related goals/activities, and exercise habits and goals.
To the extent that Personal Information regarding medical conditions is stored, we may in certain circumstances be required to disclose it to third parties, including but not limited to, the following: the Food and Drug Administration pursuant to adverse events, public health authorities relative to preventing or controlling disease, as required by federal, state, or local law or as required pursuant to subpoena or court order.
|Inferences Drawn From The Above||We collect profile inferences that we draw from your information and web activity to create a personalized profile so we can better identify goods and services that may be of interest to you.|
HOW WE COLLECT YOUR PERSONAL INFORMATION
There are several ways we may obtain information about you, including through (A) information you provide to us directly through both online and offline interactions; (B) information that we automatically collect when you use the Services; and (C) information we receive from third parties. This includes data that identifies you personally whether directly or indirectly.
Information You Provide
We collect information from you when you or someone acting on your behalf choose to share it with us. This may include when you create an account with or register a product purchase with us; contact us with questions or to provide feedback; subscribe to our mailing lists or otherwise agree to receive marketing communications from us; enter competitions, promotions, quizzes, or surveys we run from time to time; become a member of a loyalty program; or when you interact with us offline through in-person interactions.
Information Automatically Collected
Information Collected From Other Sources
We may collect information about you from third parties and commercially-available sources, including from social media providers, survey providers, data aggregators, data brokers, and public or commercially-available databases. We may collect information about your interactions with our ads on third-party sites. We may also collect information about you from our service providers, affiliates, and business partners.
HOW WE USE THE PERSONAL INFORMATION WE COLLECT
We may use the information we collect from and about you for a variety of business and commercial purposes, including:
Communicating with You. We use Personal Information (e.g., your contact information) to respond to your questions and comments when you communicate with us through links or pages in the Services, such as the “Contact Us” feature, and to send you administrative information (e.g., information regarding the Services and changes to our terms, conditions, and other policies).
Processing Your Transactions. If you purchase products from us on or through the Services, we use your Personal Information, such as your contact information and payment information to process your purchase, confirm your order, and deliver the items to you.
Administering the Services. We use your Personal Information to administer the Services and carry out any other business activities.
Abandoned Cart. We use technologies to help keep track of the items you put into your cart, including when you have abandoned your cart, and use this information to determine when to send a cart reminder via SMS or other channels.
Providing You with Personalized Recommendations. If you choose to complete assessments in the Services, we will use information that you provide to send you personalized product recommendations and other information that we believe may be of interest to you. We also use your Personal Information to provide you with targeted advertising and content, and to allow you to participate in interactive features, when you choose to do so. For example, we remember your login ID/email address or screen name so that you can quickly login the next time you visit the Services or so that you can easily retrieve the items you previously placed in your shopping cart.
Third-Party Social Networks. We use your Personal Information when you interact with third-party social networking features, such as “Like” functions, to serve you with advertisements and engage with you on third-party social networks. You can learn more about how these features work and the profile data that we obtain about you, and find out how to opt out by reviewing the privacy notices of the relevant third-party social networks.
Performing Analyses. We use your Personal Information to perform business analyses or for other purposes designed to improve the quality of our business and the Services we offer.
Preventing and Detecting Fraud and Other Crimes. We use your Personal Information to help prevent and detect fraud and other crimes that might be committed using or against the Services. We may use your Personal Information to investigate possible violations of and enforce our contracts. We may also use your Personal Information to protect our or others’ rights, privacy, safety or property, and/or that of our affiliates. We do this to protect our business assets and to comply with our legal obligations.
Managing and Operating Our IT Systems. We use your Personal Information to help us in troubleshooting, testing, maintaining, and protecting our IT systems, including our Sites.
Complying with Legal and Regulatory Obligations. We use your Personal Information to comply with our legal and regulatory obligations, which arise from time to time. For instance, we may use your contact information to alert you if a product is recalled.
Email Newsletters, Text Campaigns, and Promotions. If you’ve requested marketing communications, we will use your Personal Information, including your contact information, to send you our newsletters, exclusive offers, promotions, and loyalty rewards program updates if applicable, and product news through email and text messages. We may also use your Personal Information to administer our promotions and loyalty rewards programs as applicable.
Surveys, Sweepstakes, and Message Boards. We use your Personal Information, including your contact information, to enable you to voluntarily participate in features, such as surveys, polls, sweepstakes, and message boards in the Services.
Aggregating and/or Anonymizing Personal Information. We use Personal Information you provide to us regarding the Services to provide product feedback to our customers in aggregated form. We may also use Personal Information in an aggregated non-specific format for analytical and demographic purposes.
As Otherwise Permitted by Law or as We May Notify You. We may also use information you provide to us for other purposes as disclosed at the time you provide your information or otherwise with your consent.
TO WHOM WE DISCLOSE PERSONAL INFORMATION
Affiliates. We are affiliated with a number of other health and wellness brands (collectively, our “Affiliates”). We may share your Personal Information with our Affiliates to send you promotions, information about sales and offers, and newsletters in which you have indicated interest and for legal and other business purposes.
Other Entities. We will disclose your Personal Information to the following types of entities:
Service Providers. We may share your Personal Information with our service providers (such as vendors and consultants) that perform certain functions or services on our behalf to fulfill the services you request from us. These include companies that host our Services, manage databases, perform analyses, send communications for us, process payments on our behalf, ship your orders, provide you with live chat service, or provide certain other components of the Services. Our service providers are not authorized to use or disclose the Personal Information we share with them for any purpose other than performing services on our behalf.
Analytics and Advertising Partners. We may use third-party analytics and tracking tools to better understand who is using or how to improve the effectiveness of the Services and related content, and to help us or those third parties serve more targeted advertising to you across the Internet. These tools may combine information collected from your interaction with our Services with information collected from other sources. For instance, we use analytics tools provided by Google to help us understand how people use the Services. If you wish to prevent your data from being used by Google Analytics, Google has developed the Google Analytics opt-out browser add-on available here.
Business Partners. We may share your Personal Information with companies with whom we partner to offer goods or services (e.g., joint products or promotions).
Credit Reporting Agencies/Debt Collectors. To the extent permitted by applicable law, we may share your Personal Information with credit reporting agencies and debt collectors, which are external companies that we use to help us to verify your creditworthiness (in particular for orders with invoice) or to collect outstanding invoices.
Authenticating Partners. You may choose to access the Services on or through a third party through a single sign-on option (e.g., through social networks, sometimes through share buttons; third party accounts that users can connect to their account on our Services). If you do so, they may share Personal Information with us, and we may share Personal Information with them to facilitate and support the single sign-on feature.
With Other Users of the Services. We or you may voluntarily share Personal Information with other users of the Services, such as if you submit a product review, post content in a public area of the Services, or to identify you to anyone to whom you send messages through the Services.
Sponsors or Administrators. We may share your Personal Information to third-party sponsors or administrators of sweepstakes, contests, and similar promotions.
Competent Governmental and Public Authorities. We may share your Personal Information with governmental authorities if we believe disclosure is necessary or appropriate to prevent physical harm or financial loss or in connection with an investigation of suspected or actual illegal activity or a violation of our Terms and Conditions (posted at the footer of our Site) or other contracts.
Third Parties Pursuant to Legal Process. We may share your Personal Information to the extent necessary to respond to subpoenas, court orders, or other legal process; in response to a request for cooperation from law enforcement or a government agency; or to otherwise comply with our other legal and regulatory obligations.
Relevant Third Parties as Part of a Transaction. To advance our lawful commercial interests, we may share your Personal Information with certain third parties (including our professional advisers) in connection with a corporate transaction, such as a sale, assignment, divestiture, merger, bankruptcy, consolidation, reorganization, liquidation, or other transfer of the business or its assets. When we do this, we will incorporate reasonable security and other measures to protect your Personal Information.
Other Third Parties. We may share your Personal Information when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, including to allow us to pursue available remedies and limit the damage we may sustain. We may also share your Personal Information with other third parties in certain circumstances. We will explain these circumstances to you at the point of information collection and, where we deem legally necessary, get your permission.
Aggregated or De-Identified Information. We may also share aggregated or de-identified information that cannot reasonably be used to identify you.
You may receive marketing offers or solicitations from us through email from time to time. If you no longer prefer to receive marketing emails from us, please contact us at or follow the opt-out instructions at the bottom of each marketing email. Please note that these requests may take up to ten (10) days to be effective.
Your request not to receive marketing emails from us will not apply to messages that you request or that are informational. For example, we may contact you concerning any purchases you have made with us even if you opt out of receiving marketing emails.
You may also choose to opt in to receive marketing offers or solicitations from us via SMS text messages through our mobile messaging programs. If you would like to opt out of receiving such texts, please reply STOP to any of our text messages. We will not purchase consent or sell, rent, or share consent to opt-in to our mobile SMS/texting program.
COOKIES & OPT OUT OF INTEREST-BASED ADS
You may adjust your device or Internet browser settings to limit certain tracking or to decline cookies. Please refer to your device settings or your Internet browser “Help” section for more information on how to delete and/or disable your device or browser from receiving cookies or controlling your tracking preferences.
We may use local storage on your device, such as with HTML5, to store content information and preferences. Various browsers may offer their own management tools for removing HTML5.
Opt Out of Interest-Based Ads: Some of the parties that collect information from or about you on the Services in order to provide more relevant advertising to you may participate in the Digital Advertising Alliance (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. This program offers a centralized location where users can make choices about the use of their information for online behavioral advertising. To learn more about the DAA and your opt-out options for their members for websites, please visit http://www.aboutads.info/choices. In addition, some of these other parties may be members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, please visit http://www.networkadvertising.org/choices/. Please note that if you opt-out of online behavioral advertising using any of these methods, the opt-out will only apply to the specific browser or device from which you opt-out. This does not opt you out of being served all advertising, and you will continue to receive ads that are not tailored to your interests.
You may update and correct certain account information you provide to us at any time by logging into your account, contacting us through our online contact form or calling us at 1-800-247-7893. If you wish to deactivate your account, please contact us or call us at 1-800-247-7893, but note that we may retain certain information as required by law or for lawful business purposes. We may also retain cached or archived copies of information about you.
If you are using the Services from outside the United States, including in the EEA, UK, or Switzerland, please note that we will need to transfer your Personal Information to the United States.
As the data protection and privacy laws in the United States may be less stringent than those in your country of residence, we will transfer your Personal Information subject to suitable safeguards aimed at ensuring an appropriate level of protection is in place, including by entering into agreements approved by competent authorities.
To find out more about how we safeguard your Personal Information when it is transferred across borders, please contact us using the details provided in the “How to Contact Us” section below.
STATE-SPECIFIC PRIVACY RIGHTS
Explanation of Applicable Privacy Rights
If you are a California, Colorado, Connecticut, Utah, or Virginia resident, you may take advantage of the following privacy rights:
- Right to Know: You have the right to request that we provide you with what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which the Personal Information is collected, the business or commercial purpose for collecting, selling, or sharing Personal Information, or for Colorado, Connecticut, Utah, or Virginia residents, what Personal Information is used for targeted advertising, the categories of third parties to whom we disclose Personal Information, and the specific pieces of Personal Information we have collected about you. You have the right to receive this information in a portable format.
- Right to Delete: You have the right to request that we delete Personal Information that we have collected from you, subject to certain exceptions. Note that there are some reasons we will not be able to fully address your request, such as if we need to complete a transaction for you, to detect and protect against fraudulent and illegal activity, to exercise our rights, for our internal purposes, or to comply with a legal obligation.
- Right to Correct: You have the right to request that we correct inaccurate Personal Information that we may maintain about you, subject to appropriate verification.
- Right to Opt-Out of the Sale or Sharing of, or Targeted Advertising using, Personal Information: You may have the right to opt-out of the “sale” or “sharing” of, or targeted advertising using, your Personal Information, as such terms are defined by applicable state privacy laws, to third parties, which may include our affiliated companies that do not share the same brand name. This means that, if you opt out, going forward, we will not sell or share your Personal Information with such third parties to use for their purposes, including, as applicable, for targeted advertising and cross-context behavioral advertising, unless you later direct us to do so.
- Right to Appeal: Colorado, Connecticut, and Virginia residents also have the right to appeal a denial of their privacy rights.
How to Submit a Request
For California, Colorado, Connecticut, Utah, and Virginia residents, to take advantage of your right to know/access, delete, correct, or portability, please follow the prompts here or contact us using the “How to Contact Us” section below. We may request certain information to verify your identity before we can respond to such requests. We will confirm receipt of your request within ten (10) business days and will respond to your request within forty-five (45) calendar days, after proper verification, unless we need additional time, in which case we will let you know. If we deny your request, you may appeal our decision by emailing us at NHScLegal@us.nestle.com. If you have concerns about the results of an appeal, you may contact the attorney general in the state where you reside.
To take advantage of your right to opt-out of the sale or sharing of Personal Information or to opt-out of targeted advertising, please click the “ Your Privacy Choices” link found on our Site footer and follow the instructions in the pop-up window or contact us using the “How to Contact Us” section below. We will work to comply with your opt-out request within fifteen (15) business days.
Alternatively, you may choose to enable online, where available, a universal opt-out preference via a tool that automatically communicates your opt-out preferences, such as the Global Privacy Control (“GPC”). If you enable a browser-based opt-out preference signal, such as GPC, upon receipt or detection, we will treat the signal as a valid request to opt out of the sale or sharing of Personal Information linked to that browser and any consumer profile we have associated with that browser. Please note that if you use different browsers or browser profiles, you will have to enable the signal on each browser or profile.
You may authorize someone to make a privacy rights request on your behalf (an authorized agent). Authorized agents will need to demonstrate that you’ve authorized them to act on your behalf or must demonstrate they have power of attorney pursuant to applicable probate law. We retain the right to request confirmation directly from you confirming that the agent is authorized to make such a request, or to request additional information to confirm the agent’s identity. An authorized agent is prohibited from using a consumer’s Personal Information, or any information collected from or about the consumer, for any purpose other than to fulfill the consumer’s requests, for verification, or for fraud prevention. If you are making a request as an authorized agent, please contact us using the information in the “How to Contact Us” section below, and provide your full name, address, email address, the full name of the person on whose behalf you are making the request, their address, email, phone number, as well as the written permission of the person on whose behalf you are acting to do so.
State-Specific Data Protection Disclosures
In the past twelve (12) months, we have collected the categories of information disclosed above in the “Notice at Collection” section and disclosed those categories for the business purposes also listed in the “Notice at Collection” section.
Use and Disclosure of Sensitive Personal Information: To the extent that we collect, use, or share “Sensitive Personal Information” as that term is defined in applicable law, we limit our use or disclosure of the Sensitive Personal Information to permitted business purposes.
CALIFORNIA NOTICE OF FINANCIAL INCENTIVE
We offer various financial incentives. For example, we may provide discounts, rewards, exclusive offers, or other special perks to customers who sign up to join a loyalty program, subscribe & save, sweepstakes, contest, or other similar promotional campaign (collectively, “Programs”). When you sign up for one of these Programs, we typically ask you to provide your name and contact information (such as email address and/or telephone number). We use this information for the purposes described above under the section titled “How We Use the Personal Information We Collect.”
Because our Programs involve the collection of Personal Information, they might be interpreted as a “financial incentive” program under California law. The value of your Personal Information that we collect is reasonably 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 Program participants.
You can opt-in to a Program by following the sign-up or participation instructions provided, and, for any ongoing benefits, you have the ability to withdraw from participating in a Program at any time by following the instructions set forth in the applicable Program terms or contacting us using the “How to Contact Us” section below. Please visit the terms and conditions page of each Program to view full details.
Our Services are intended for a general audience. We do not direct the Services to children under sixteen (16), nor do we knowingly solicit or collect any Personal Information from, children under the age of sixteen (16). If you are a parent or legal guardian and think that your child has given us data, you can contact us in writing or by email as provided below under the section titled “How to Contact Us.” Please mark your inquiries “Children’s Privacy Information Request.” If we learn that a minor has provided Personal Information through the Services, we will use reasonable efforts to remove such information from our files.
MEDICAL CONTENT DISCLAIMER
Please understand that the contents and information on Nestlé Health Science U.S. Sites are for your informational use only and are not intended to be a substitute for professional medical advice, diagnosis or treatment or the independent clinical judgment of a health care professional or any applicable facility protocols. We suggest that you seek the advice of your physician or qualified health care provider with any questions you may have regarding a medical condition, illness or treatment. Do not delay or disregard professional medical advice because of the content included on any of the Services.
The Services may provide links to websites and applications operated by third parties. All of these websites and applications operate independently from us, and we do not control their privacy practices. We encourage you to review the privacy policies of any third-party websites and applications that you use to better understand their privacy practices.
SECURITY OF YOUR INFORMATION
We maintain reasonable security procedures to help protect against loss, misuse, or unauthorized access, disclosure, alteration, or destruction of your Personal Information.
Unfortunately, no data transmission or storage system can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online and will not be responsible for the theft, destruction, or inadvertent disclosure of your Personal Information. If you prefer not to transmit your credit card number over the Internet, you can contact us using the toll-free number listed on the Services from which you want to order. If you have any questions regarding security, you can contact us through the means set forth in the “How to Contact Us” section.
RETENTION OF YOUR INFORMATION
We will only retain your Personal Information for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements we are subject to, as well as to resolve disputes and enforce our agreements. We also keep Personal Information as otherwise required by law.
If you wish to cancel your account or request that we no longer use your Personal Information to provide you services, contact us through the means set forth in the “How to Contact Us” section.
HOW TO CONTACT US