PRIVACY POLICY

Updated: 23 January 2024

Protecting the privacy and security of your personal information is of upmost importance to us at OmBiome, Inc. and our affiliates.  For purposes of this Privacy Policy, OmBiome and its affiliates may be referred to herein as “OmBiome,” “we,” “us,” or “our.”  The term “you” refers to the user accessing and using the Services and/or purchasing a product(s). 

This Privacy Policy lets you know how we collect, use, share, and protect information about you.  By interacting with OmBiome through our events, surveys, telephone, websites, mobile applications (“Online Channels”), and any other affiliate websites where you may interact with OmBiome, you consent to the practices described in this Privacy Policy.  Any changes in our Privacy Policy will appear on this page so that you are aware of the data we collect and how we use it.  We, in our sole discretion, may modify these Privacy Policy, in whole or in part, at any time and any such modifications will be effective as of the date such changes are posted to the Services.  You acknowledge, understand and agree that it is your responsibility to check these Privacy Policy from time to time to take notice of any changes.  If any of the Privacy Policy is not acceptable to you, you must discontinue and cease your use of the Services immediately. 

1. What Personal Information Do We Collect and Why

Depending on how you choose to interact with OmBiome, we may collect personal information from you. We collect your personal information in an effort to provide you with a superior customer experience and, as necessary, to administer our business. With this information, we can provide you with easy access to our products and services. Having your personal information makes it easier for OmBiome to communicate with you special offers, promotions, and other marketing programs and news that may be of interest to you. you always have the opportunity to unsubscribe from promotional emails by following the instructions included in each marketing email or by changing your preferences in your account. The information collected from you may include the following:

• Contact information, such as name, phone number, and email and postal address;
• Account information, such as online password and other log-in details used to access OmBiome products and services;
• Payment information, such as name, billing address and payment card details, including card number, expiration date and security code;
• Location data (such as data derived from your IP address, country and/or ZIP code) and, with your consent, the precise geolocation of your mobile device;
• Social media handles, content and other data posted on our official social media pages;
• Information we obtain from third-party social media services (e.g., Facebook) or payment services (e.g., PayPal) if you choose to link to, create or log into your OmBiome account through these services;
• Demographic and preference information (e.g., date of birth, gender, dietary preferences, allergies and favorite categories) and health quiz responses;
• Information you submit in connection with a career opportunity at OmBiome, such as contact details, information in your résumé (including work history, education and language skills) and details about your current employment. In addition, where legally permissible, you may choose to provide information about your gender, race and ethnicity, and veteran and disability status;
• Contact information you provide about friends or other people you would like us to contact; and
• Other personal information contained in content you submit to us, such as through our “Contact Us” feature or customer support tools on the Online Channels.

How Is Information Obtained By Automated Means

When you interact with our products and services, we obtain certain information by automated means, such as cookies, web server logs, web beacons, and other technologies. A “cookie” is a text file that websites send to a visitor’s computer or other Internet-connected device to uniquely identify the visitor’s browser or to store information or settings in the browser. A “web beacon,” also known as an Internet tag, pixel tag or clear GIF, links web pages to web servers and their cookies and may be used to transmit information collected through cookies back to a web server.

We may use these automated technologies to collect information about your equipment, browsing actions, and usage patterns. The information we obtain in this manner may include your device IP address, identifiers associated with your devices, Internet service provider, types of devices connected to our services, web browser characteristics, device characteristics, language preferences, referring/exit pages, clickstream data, dates and times of visits to the Online Channels, number of links you click while using the Online Channels, search terms, operating system, website traffic and related statistics, keywords and other data about your device and use of the Online Channels. These technologies help us (1) remember your information so you will not have to re-enter it; (2) track and understand how you use and interact with our products and services; (3) tailor the services around your preferences; (4) measure the usability of our products and services and the effectiveness of our communications; and (5) otherwise manage and enhance our products and services, and help ensure they are working properly.

Your browser may tell you how to be notified when you receive certain types of cookies or how to restrict or disable certain types of cookies. Please note, however, that without cookies you may not be able to use all of the features of the Online Channels. For mobile devices, you can manage how your device and browser share certain device data by adjusting the privacy and security settings on your mobile device.

Targeted Advertising

OmBiome may partner with third party advertising networks that collect IP addresses, unique device identifiers (UDIDs), browser type, operating system, time zone, country, referring pages, and other information through the use of cookies, web server logs and pixel tags on OmBiome websites, apps, emails and on third party websites and emails. These partners use this information to provide you with advertisements that are customized to your particular preferences, including for companies that are not affiliated with us. We may use this process to help us manage and improve the effectiveness of our marketing efforts. Some of the activities described in this section may constitute “targeted advertising,” “sharing,” or “selling” under certain laws. Depending on where you reside, you may, have the right to opt out of targeted advertising, sharing, and sales of your personal information.

2. How Do We Use the Information We Collect

As previously stated, OmBiome uses your personal information not only to enhance your customer experience but also to administer our business. We may use the personal information we obtain about you to:

• process and fulfill orders and purchases via the Online Channels and keep you informed about the status of your order;
• establish and manage your account;
• identify and authenticate you so you may order our products and access and use the Online Channels;
• provide customer and technical support and respond to inquiries;
• communicate with you regarding news updates, notices, special promotional offers, advertisements and marketing materials, our products and services, or other information that may be of interest to you;
• communicate about, and administer participation in, special events, programs, promotions, offers, surveys, focus groups and market research;
• notify you about product safety and recall information, such as reporting an adverse event or communicating a product recall;
• manage career opportunities, including for recruitment purposes, employee onboarding and other human resources purposes;
• increase and maintain the safety and security of our products and the Online Channels and prevent misuse;
• operate, administer, evaluate, develop, manage and improve our business (including operating, administering, analyzing and improving our products and services; developing new products and services; performing analytics (including market research, trend analysis, financial analysis, and anonymization and aggregation of personal information); managing and evaluating the effectiveness of our communications; performing accounting, auditing, billing reconciliation and collection activities and other internal functions);
• protect against, identify and prevent fraud and other criminal activity, claims and other liabilities; and
• comply with and enforce applicable legal requirements and relevant industry standards and policies, such as this Privacy Policy and our Terms of Use.

We also may use the information we collect about you in other ways for which we provide specific notice at the time of collection and obtain your consent if required by applicable law.

Third-Party Analytics Services

We may use third-party web analytics services in connection with the Online Channels, such as Crazy Egg, Google Analytics, Optimizely and SOASTA mPulse and other analytics providers. These service providers use automated technologies to collect data (such as IP addresses) to evaluate the use of the Online Channels. To learn more about Google Analytics’ privacy practices, please visit https://www.google.com/intl/en/analytics/learn/privacy.html. To opt out of Google Analytics, please visit https://tools.google.com/dlpage/gaoptout.

Online Tracking/Interest-Based Advertising/Targeted Advertising

On our Online Channels, we may collect information about your online activities to provide you with advertising about products and services tailored to your interests. Where required by applicable law, we will obtain your consent for the processing of your personal information for direct marketing purposes.  You may see our ads on other websites or mobile apps because we participate in advertising networks. Ad networks allow us to target our messaging to users considering demographic data, users’ inferred interests and browsing context. These networks track users’ online activities over time by collecting information through automated means, including through the use of cookies, web server logs, web beacons and other similar technologies. The networks use this information to show ads that may be tailored to individuals’ interests, to track users’ browsers or devices across multiple websites, and to build a profile of users’ online browsing activities. The information our ad networks may collect includes data about users’ visits to websites that participate in the relevant ad networks, such as the pages or ads viewed and the actions taken on the websites. This data collection takes place both on our websites and on third-party websites that participate in the ad networks. This process also helps us track the effectiveness of our marketing efforts.

Our Online Channels are not designed to respond to “do not track” signals received from browsers.  To learn how to opt out of ad network interest-based advertising, please visit www.aboutads.info/choices, http://www.networkadvertising.org/choices/ and http://preferences-mgr.truste.com/.

3. What Information Do We Share and With Whom

We do not sell or otherwise share personal information about you except as described in this Privacy Policy. We may share your personal information with (1) our affiliates and (2) our service providers who perform services on our behalf, such as order fulfillment and data analytics. We do not authorize our service providers to use or disclose the information except as necessary to perform services on our behalf or comply with legal requirements.

We also may disclose information about you (1) if we are required to do so by law or legal process (such as a court order or subpoena); (2) in response to requests by government agencies, such as law enforcement authorities; (3) to establish, exercise or defend our legal rights; (4) when we believe disclosure is necessary or appropriate to prevent physical or other harm or financial loss; (5) in connection with an investigation of suspected or actual illegal activity; or (6) otherwise with your consent.

We reserve the right to transfer any information we have about you in the event we sell or transfer all or a portion of our business or assets (including in the event of a merger, acquisition, joint venture, reorganization, divestiture, dissolution or liquidation).

Rights and Choices

We offer you certain choices in connection with the personal information we obtain about you. To update your preferences, limit the communications you receive from us, or submit a request, please contact us as specified in the “How to Contact Us” section of this Privacy Policy. You can also unsubscribe from our mailing lists by following the “Unsubscribe” link in our emails.

Subject to applicable law, you may (1) have the right to access the personal information we maintain about you; (2) request that we rectify personal information about you that is inaccurate; and (3) request that we delete personal information about you. Where you have consented to the processing of your personal information, you may have the right to withdraw your prior consent at any time. To exercise these rights, please contact us as indicated in the “How to Contact Us” section of this Privacy Policy. To help protect your privacy and maintain security, we may take steps to verify your identity before granting you access to the information. To the extent permitted by applicable law, a charge may apply before we provide you with a copy of any of your personal information that we maintain.

4. How We Protect Personal Information

We maintain safeguards designed to protect personal information against accidental, unlawful or unauthorized destruction, loss, alteration, access, disclosure or use.

5. What Other Information Regarding Our Privacy Policy Should you Know

Other Online Services and Third-Party Features

The Online Channels may contain links to third-party websites, products, and services for your convenience and information, including social media sites such as Facebook, Twitter, Instagram, Pinterest, YouTube, and LinkedIn, etc. These third-party websites, products and services may operate independently from us. Information collected by these third-party websites is governed by their privacy practices and is not subject to this Privacy Policy. We are not responsible for how these third-party services collect, use, disclose, distribute, or maintain your personal information. We encourage you to learn about the privacy practices of those third parties prior to providing them with any information or taking advantage of an offer or promotion.

Children’s Personal Information

The Online Channels are designed for a general audience and are not directed to children. We do not knowingly collect or solicit personal information from children under the age of 13 (or other relevant age, as applicable pursuant to relevant law) through the Online Channels. If we become aware that we have collected personal information from a child under such age, we will promptly delete the information from our records. If you believe that a child under such age may have provided us with personal information, please contact us as specified in the “How to Contact Us” section of this Privacy Policy.

Data Transfers

We may transfer the personal information we obtain about you to countries other than the country in which the information originally was collected, such as the United States. Those countries may have different data protection laws than the country in which you initially provided the information. To the extent required by applicable law, when we transfer your personal information to the United States or other countries, we take measures to protect that information as described in this Privacy Policy.

6. How to Contact Us

If you have any questions regarding this Privacy Policy or our privacy practices, you may email us at [[email protected]] with “PRIVACY POLICY” in the subject line or write to:

OmBiome, Inc.

[Attn: Customer Care Department]

1124 W. Carson St. MRL FL 3

Torrance, CA 90502

7. STATE-SPECIFIC 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 cateogries 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, and Virginia resident, 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.

1. How to Submit a Request

For California, Colorado, Connecticut, Utah and Virginia residents, to take advance of your right to know/access, delete, correct or portability, please contact us using the “How to Contact Us” section above.  We may request certain information to verify your identity before we can respond to such requests.  We will confirm receipt of your request within 10 business days and will respond to your request within 45 calendar days, subject to and 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 [[email protected]].  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 contact us using the “How to Contact Us” section above.  We will work to comply with your opt-out request within 15 business days.

You may authorize an authorized agent to make a privacy rights request on your behalf.  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 above, 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 address, phone number, as well as the written permission of the person on whose behalf you are making the request.

1. State-Specific Data Protection Disclosures

In the past 12 months, we have collected the categories of information disclosed herein and disclosed those categories for the business purposes as set forth herein.  With the exception of Characteristics of Protected Classifications under California or Federal Law and Sensitive Personal Information, each category of personal information disclosed as set forth herein was sold or shared with analytics and advertising partners, business partners, advertising networks, advertising platforms, and social media companies and the other entities identified in Section 3, for the purposes described in this Privacy Policy within the last 12 months.  We do not knowingly sell or share personal information about persons under the age of 18.

1. 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.

1. California Notice of Financial Incentive

We may offer various financial incentives, such as discounts, rewards, exclusive offers, or other special perks to customers who sign up to subscribe & save, sweepstakes, contest, or other similar promotional campaign (collectively, “Incentive Programs”).  When you sign up for one of the Incentive Programs, we 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 in Section 2.  As our Incentive Programs involve the collection of personal information, they may 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 Incentive Program, less the expense related to offering those products, services, and benefits to Incentive Program participants.

Please visit the terms and conditions page of each Incentive Program to view full details, including how to opt-in, sign-up or participate, or contact us using the information set forth in the “How to Contact Us” section above.

1. Children’s Privacy

Our Services are intended for a general audience.  We do not direct the Services to children under 18 years of age, nor do we knowingly solicit or collect any personal information from, children under the age of 18 years old.  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 above in the “How to Contact Us” section with “Children’s Privacy Information Request” in the subject line.  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.

1. Medical Content Disclaimer

The contents and information on the Services are for your informational use only and are not intended to be a substitute for professional medical/dental advice, diagnosis or treatment or the independent clinical judgment of a health/dental care professional or any applicable facility protocols.  We suggest that you seek the advice of your medical/dental care professional with any questions you may have regarding a medical/dental condition, illness, or treatment. 

1. Security and Retention 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.

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 at [424-324-9984].  If you have any questions, please contact us using the information set forth in the “How to Contact Us” section above.

Subject to applicable laws, 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. 

If you wish to cancel your account or request that we no longer use your personal information to provide you services, contact us using the information set forth in the “How to Contact Us” section above.