PlateJoy Privacy Policy

Introduction

PlateJoy LLC (“PlateJoy,” or “we,” “our,” or “us”) respects your privacy, and we are committed to protecting it through our compliance with this policy.

This Privacy Policy (our “Privacy Policy”) describes the types of information we may collect from you or that you may provide when you visit the websites platejoy.com and platejoyhealth.com (collectively, our “Website”) and the PlateJoy application (our “Application”) and our practices for collecting, using, maintaining, protecting, and disclosing that information. For US residents, we adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”) and other California privacy laws. Any terms defined in the CCPA have the same meaning when used in this Policy.

This policy applies to information we collect:

• on our Website and Application;
• in email, text, telephone and other electronic messages between you and PlateJoy; when you interact with our advertising and applications on third party websites and services, if those applications or advertising include links to this policy;
• It does not apply to information collected by:
  • us offline or through any other means, including on any other website operated by PlateJoy or any third party;
  • any third party, including through any application or content (including advertising) that may link to or be accessible from or on the Website or Application.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website and Applications. By accessing or using our Website and/or Application, you agree to this Privacy Policy. This Privacy Policy may change from time to time and we will notify you of such changes by posting them on our Website. Your continued use of our Website or Application after we make changes is deemed to be acceptance of those changes, so please check this Privacy Policy periodically for updates.

Children Under the Age of 18

In order to access the Site and the Services, you represent and warrant that you are older than 18 years old. If you are under the age of 18, please do not attempt to register with us at this Site or provide any personal information about yourself to us. If you are under the age of eighteen (18) and wish to create an Account with PlateJoy, your parent or legal guardian must create the Account, submit your personal information, and agree to these Terms of Use on your behalf. If you are under the age of 13, you may only use our Services or access our Site with the supervision and consent of your parents or legal guardians, including the Provider consultation services. If we learn that we have collected personal information from someone under the age of 13, we will promptly delete that information. If you believe we have collected personal information from someone under the age of 13, please contact us at service@platejoy.com.

Information We Collect About You, How We Collect It, and the Sources of the Information

Generally

We collect several types of information from and about users of our Website and Application, specifically information:

• by which you may be personally identified, such as name, address, e-mail address, telephone numbers, date of birth, credit or debit card number (for payment purposes only), your medical history, health insurance information if applicable, biometrics (including fingerprints), health information, or any other information that you provide to us (“Personal Data”);
• that is about you but individually does not identify you, such as traffic data, logs, referring/exit pages, date and time of your visit to our Website or use of our Application, error information, clickstream data, and other communication data and the resources that you access and use on the Website or through our Application; or
• about the equipment you use to access our Website or use our Application and usage details.

We collect this information:

• directly from you when you provide it to us;
• automatically as you navigate through the Website or use our Application. Information collected automatically may include usage details, IP addresses, and information collected through cookies and other tracking technologies; and
• From third parties, for example, our business partners and the Providers.

The categories of information we collect are:

• Category A: Personal identifiers (such as name, address, telephone number, email address, account name and medical record identifiers)
• Category B: Personal information categories listed in the CCPA (signature, name, health insurance information, financial information for payment purposes, medical information
• Category C: For employment and vendors: professional or employment-related history, performance evaluations, education, work history, credit information, bank account numbers or other financial information for payment and background checks
• Category D: Protected classification characteristics under California or federal law: age, race, marital status, medical condition, gender, military status and genetic information

We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Information You Provide to Us

The information we collect on or through our Website or through our Application is:

• information that you provide by filling in forms on our Website or the Application. This includes information provided at the time of registering to use our Website or Application, using our Provider consultation services, purchasing services or products, or requesting further services. We may also ask you for information when you report a problem with our Website or Application;
• information from third party applications that you authorize PlateJoy to collect. These third party applications may include Withings, Fitbit, Apple health, Google Fitness, and others.
• records and copies of your correspondence (including email addresses), if you contact us; and
• details of transactions you carry out through our Website or through the Application and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website or Application; and,
• Other information entered by a program participant into an Application account that may be accessed by our health coaches in order to provide more personalized services to a participant. Such information may include meals that have been selected, food entries, and weight entries. Private information such as passwords cannot be accessed.

You also may provide information to be published or displayed (hereinafter, “posted”) on public areas of the Website or Application or transmitted to other users of the Website or Application or third parties (collectively, “User Contributions”). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website and Application with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Information We Collect Through Automatic Data Collection Technologies

As you navigate through and interact with our Website and Application, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, specifically:

• details of your visits to our Website or Application, such as traffic data, logs, referring/exit pages, date and time of your visit to our Website or use of our Application, error information, clickstream data, and other communication data and the resources that you access and use on the Website or in the Application; and
• information about your computer and mobile device, specifically your IP address, operating system, browser type, and Application version information.

The information we collect automatically may include Personal Data or we may maintain it or associate it with Personal Data we collect in other ways or receive from third parties. It helps us to improve our Website and Application and to deliver a better and more personalized service by enabling us to:

• estimate our audience size and usage patterns;
• store information about your preferences, allowing us to customize our Website and our Application according to your individual interests;
• recognize you when you return to our Website and our Application.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). We and our service providers may use cookies, web beacons, and other technologies to receive and store certain types of information whenever you interact with our Website and Application through your computer or mobile device. A cookie is a small piece of data sent from a website and stored on the user's computer or mobile device by the user's web browser while the user is browsing. On your computer, you may refuse to accept browser cookies by activating the appropriate setting on your browser, and you may have similar capabilities on your mobile device in the preferences for your operating system or browser. However, if you select this setting you may be unable to access certain parts of our Website or use certain parts of our Application. Unless you have adjusted your browser or operating system setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website or use our Application.
• Google Analytics. We use Google Analytics, a web analytics service provided by Google, Inc. (“Google”) to collect certain information relating to your use of the Website. Google Analytics uses “cookies”, which are text files placed on your computer, to help the Website analyze how users use the site. You can find out more about how Google uses data when you visit our Website by visiting “How Google uses data when you use our partners' sites or apps”, (located at https://www.google.com/policies/privacy/partners/). We may also use Google Analytics Advertising Features or other advertising networks to provide you with interest-based advertising based on your online activity. For more information regarding Google Analytics please visit Google's website, and pages that describe Google Analytics, such as https://www.google.com/analytics/learn/privacy.html.
• Location Tracking for Android Users. For Android app users who receive a Withings scale as part of your participation in a PlateJoy Health program: In order for Android to locate and connect to Bluetooth devices, location services must be allowed. Since your Withings scale uses Bluetooth during initial setup and connection to your WiFi, you will need to activate location services during the scale setup process.

How We Use Your Information

We use information that we collect about you or that you provide to us, including any Personal Data:

• to present our Website and its contents to you;
• to present our Application;
• to provide our products and services to you;
• to provide you with information, products, or services that you request from us or that may be of interest to you;
• to process, fulfill, support, and administer transactions and orders for products and services ordered by you;
• to provide you with notices about your PlateJoy account;
• to contact you in response to a request;
• to administer surveys, sweepstakes, promotions, and contests;
• to improve our products and services and to develop new ones;
• to fulfill any other purpose for which you provide it;
• to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
• to notify you about changes to our Website, our Application, or any products or services we offer or provide though them;
• in any other way we may describe when you provide the information; and
• for any other purpose with your consent.

We may also use your information to contact you about goods and services that may be of interest to you, including through newsletters. If you wish to opt-out of receiving such communications, you may do so at any time by clicking unsubscribe at the bottom of these communications or by visiting your User Account page. For more information, see Section 6, Choices About How We Use and Disclose Your Information, below.

Disclosure of Your Information

We do not share or otherwise disclose your Personal Data for purposes other than those outlined in this Privacy Policy. However, we may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We do not sell your Personal Data and have not sold your personal data in the preceding 12 months.

In the preceding 12 months, we have disclosed the following categories of personal information for a business purpose as described above (for more detail about the Categories see Information We Collect About You, How We Collect It and Sources of the Information above):

• Category A: Personal Identifiers
• Category B: California consumer records
• Category C: Professional and Education records for employment applications
• Category D: Protected classification characteristics

This information was disclosed with your consent or in providing our Services to you.

We may disclose Personal Data that we collect or you provide as described in this Privacy Policy:

• to affiliates, contractors, service providers, and other third parties we use to support our business. The services provided by these organizations include providing IT and infrastructure support services, and ordering, marketing, and payment processing services. Our payment processors’ privacy policies may be found at http://stripe.com/us/privacy;
• to your employer, if requested by your employer and you have consented and are accessing our Website and Application under your employer’s account;
• to a buyer or other successor in the event of 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 Data held by PlateJoy about our Website and Application users are among the assets transferred;
• to fulfill the purpose for which you provide it.
• for any other purpose disclosed by us when you provide the information;
• with your consent.

We may also disclose your Personal Data:

• to comply with any court order, law, or legal process, including to respond to any government or regulatory request;
• to enforce or apply our Terms of Use, located on our Website, and other agreements, including for billing and collection purposes; and
• if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PlateJoy, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Choices About How We Use and Disclose Your Information

We do not control the collection and use of your information collected by third parties described above in Section 5, Disclosure of Your Information. These third parties may aggregate the information they collect with information from their other customers for their own purposes.

In addition, we strive to provide you with choices regarding the Personal Data you provide to us. We have created mechanisms to provide you with control over your Personal Data:

• Tracking Technologies and Advertising. You can set your browser or operating system to refuse all or some cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of our Website or Application may then be inaccessible or not function properly
• Promotional Offers from PlateJoy. If you do not wish to have your email address used by PlateJoy to promote our own products and services, you can opt-out at any time by clicking the unsubscribe link at the bottom of any email or other marketing communications you receive from us or logging onto your User Account page. This opt out does not apply to information provided to PlateJoy as a result of a product purchase, or your use of our services.
• Targeted Advertising. To learn more about interest-based advertisements and your opt-out rights and options, visit the Digital Advertising Alliance and the Network Advertising Initiative websites (http://www.aboutads.info and https://www.networkadvertising.org). Please note that if you choose to opt out, you will continue to see ads, but they will not be based on your online activity. We do not control third parties’ collection or use of your information to serve interest-based advertising. However, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can also opt out of receiving targeted ads from members of the NAI on its website.

We may also process Personal Data submitted by or for a Provider or another third party who offers or provides their services through our Website or Application. To this end, if not stated otherwise in this Privacy Policy or in a separate disclosure, we process such Personal Data in the role of a mere processor on behalf of a Provider or other third party (and/or its affiliates) who is the responsible controller of the Personal Data concerned. We are not responsible for and have no control over the privacy and data security practices of the Providers or other third parties, which may differ from those set forth in this Privacy Policy. If your data has been submitted to us by or on behalf of a Provider or other third party and you wish to exercise any rights you may have under applicable data protection laws, please inquire with the applicable Provider or third party directly. Because we may only access a Provider’s or other third party’s data upon instruction from that third party, if you wish to make your request directly to us, please provide to us the name of the third party, including the Provider, who submitted your data to us. We will refer your request to that party, and will support them as needed in responding to your request within a reasonable timeframe.

We do not control the collection and use of your information collected by Providers and other third parties. When possible, these organizations are under contractual obligations to use this data only for providing the services to us and to maintain this information strictly confidential. These third parties may, however, aggregate the information they collect with information from their other customers for their own purposes.

Your Rights Regarding Your Information and Accessing and Correcting Your Information

You can review and change your Personal Data by logging into our Website or Application and visiting the User Account sections on either the Application or Website, depending on which you used to create your account. You may also notify us through the Contact Information below of any changes or errors in any Personal Data we have about you to ensure that it is complete, accurate, and as current as possible or to delete your account. We cannot delete your personal information except by also deleting your account with us. We may also not be able to accommodate your request if we believe it would violate any law or legal requirement or cause the information to be incorrect.

Do Not Track Signals

We also may use automated data collection technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Some web browsers permit you to broadcast a signal to websites and online services indicating a preference that they “do not track” your online activities. At this time, we do not honor such signals, and we do not modify what information we collect or how we use that information based upon whether such a signal is broadcast or received by us.

Data Security; No Collection of Protected Health Information (PHI)

We have implemented measures designed to secure your Personal Data from accidental loss and from unauthorized access, use, alteration, and disclosure. We use encryption technology for information sent and received by us.

The safety and security of your information also depends on you. Where you have chosen a password for the use of our Website or Application, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your Personal Data, we cannot guarantee the security of your Personal Data transmitted to our Website or on or through our Application. Any transmission of Personal Data is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website, in your operating system, or in the Application.

PlateJoy may have previously obtained protected health information [“PHI” under the U.S. Health Insurance Portability and Accountability Act (“HIPAA”)] from past program participants. PlateJoy no longer collects or receives PHI. We have made every effort to notify prior program participants of the discontinuation of any program that involved PHI. If, for any reason (including participants who are completing their programs over the next year), we still have any PHI, such PHI is secured and maintained in compliance with HIPAA requirements until we can legally destroy it. If you have questions about your date or for further information, please contact our Privacy Officer at privacy@platejoy.com. Your rights under HIPAA will be provided to you by your healthcare Provider’s Notice of Privacy Practices.

Your Rights and Choices under California Consumer Privacy Act (CCPA)

The CCPA provides consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

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. Once we receive and confirm your verifiable consumer request, we will 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 or selling that personal information.
• The categories of third parties with whom we share that personal information.
• The specific pieces of personal information we collected about you (also called a data portability request).
• If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

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. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies. We may deny your deletion request if retaining the information is necessary for us or our service providers to:

• Complete the transaction for which we collected the personal information,
• Provide a good or Service that you requested,
• Take actions reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform our contract with you,
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities,
• Debug products to identify and repair errors that impair existing intended functionality,
• Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law,
• Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.)
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws,
• When the information's deletion may likely render impossible or seriously impair the research's achievement, if you previously provided informed consent,
• Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us,
• Comply with a legal obligation,
• Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us:

• Email us at privacy@platejoy.com

Only you or a person registered with the California Secretary of State that you authorize to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child. You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

• Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
• Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.

We endeavor to respond to a verifiable consumer request within 45 days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing. If you have an account with us, we will deliver our written response to that account. If you do not have an account with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request's receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

• Deny you goods or Services.
• Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
• Provide you a different level or quality of goods or Services.
• Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Policy

We may change this Privacy Policy at any time. It is our policy to post any changes we make to our Privacy Policy on this page with a notice displayed prominently when you sign into your account. If we make material changes to how we treat our users’ Personal Data, we will notify you by email to the email address specified in your account and/or through a notice on the Website’s home page or the Application’s home screen. The date this Privacy Policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically accessing the Application or visiting our Website and reviewing this Privacy Policy to check for any changes.

Contact Information

If you have any questions, concerns, complaints or suggestions regarding our Privacy Policy or otherwise need to contact us, you may contact us at the contact information below or through the “Contact Us” page on our Website or in the Application.

How to Contact Us:

PlateJoy LLC
Attn: Privacy Officer, PlateJoy LLC PlateJoy LLC
1423 Red Ventures Drive, Building RV4, 3rd floor
Fort Mill, SC 29707
Email: privacy@platejoy.com