Privacy Notice

Welcome to the Designs for Health, Inc. Online Privacy Notice (“General Privacy Notice”). Except as otherwise provided below, this General Privacy Notice describes how Designs for Health, Inc. and its affiliates (hereafter “DFH”, “we”, “our”, or “us”) may collect, use, disclose, and share information about you when you interact with our websites (including but not limited to: www.designsforhealth.com, www.designsforhealth.ca, www.fxchocolate.com, www.designsforsport.com, www.wellworld.io, and www.designsforhealthpl.com), e-stores, other online products and services, or otherwise through any interaction you have with us (collectively the “DFH Sites”) that provide a link to this General Privacy Notice. If you are a California resident, then you have certain privacy rights detailed in our California Privacy Policy and Notice at Collection. However, if you are a California Resident who is one of our Workforce Members (defined below), then your privacy rights are detailed in our Privacy Notice for Job Applicants and Workforce Members (“Workforce Privacy Notice”). Our Workforce Privacy Notice also applies to all our other Workforce Members, regardless of their jurisdiction of residence, except as otherwise indicated in that notice. “Workforce Member” means an employee, independent contractor, intern, or other individual whom we have engaged, or who has applied, to provide services to us, or a dependent, emergency contact, or beneficiary of such an individual.

To the extent there is a conflict among this General Privacy Notice, the California Privacy Policy and Notice at Collection, and the Workforce Privacy Notice (collectively, “Privacy Notices”), then the Workforce Privacy Notice will control for Workforce Members; otherwise, the California Privacy Policy and Notice at Collection will control.

This General Privacy Notice applies to your use of any DFH Site, regardless of how you access or use it. For certain DFH Sites, there may be additional notices about information practices and choices. Please read those additional privacy disclosures to understand how they may apply to you.

Please note that our Privacy Notices do not apply to information collected, used, disclosed, shared, or otherwise processed by sites or applications where this General Privacy Notice is not linked, including without limitation the Well World Mobile App, or the business entities that maintain, operate, or own such sites or applications. Also, any personal information collected through your access to external websites or other online services is governed by those external parties’ privacy policies, which we are not responsible or liable for.

Please review our Terms of Use, which govern your use of the DFH Sites, and include, among other things, grants of rights from you, limits on our liability and your remedies, mandatory arbitration, and waiver of jury trial and class actions. By visiting or otherwise using the DFH Sites, you agree to our Terms of Use and consent to DFH’s personal information collection, use, and disclosure practices, and other activities, as described in the Privacy Notices, and any additional privacy statements that may be posted on an applicable part of the DFH Sites. If you do not agree and consent, please discontinue use of the DFH Sites. Capitalized terms that are used in this General Privacy Policy but are not otherwise defined shall have the meaning given to them in the Terms of Use.

PERSONAL INFORMATION WE COLLECT

HOW WE MAY USE YOUR PERSONAL INFORMATION

HOW WE MAY SHARE YOUR PERSONAL INFORMATION

YOUR CHOICES

DATA SECURITY

DATA RETENTION

SWEEPSTAKES, CONTESTS, AND PROMOTIONS

INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS

EXTERNAL LINKS

CHILDREN'S PRIVACY

NOTICE TO INTERNATIONAL VISITORS

CHANGES TO THIS GENERAL PRIVACY NOTICE

CONTACT DFH

PERSONAL INFORMATION WE COLLECT

Information You Provide

We collect the personal information that you provide directly to us when you use the DFH Sites or otherwise interact with us. For example, DFH collects information when you register for an account, subscribe to our newsletter, or otherwise communicate, interact, or transact through the DFH Sites. This information may include personal information, which is information that can be used to identify you individually. As permitted by applicable law, we will treat information that does not personally identify you as non-personal information, and we may de-identify, anonymize or otherwise convert your personal information to non- personal information. We reserve the right to use, process, disclose, share, and otherwise make use of your non-personal information without limitation, subject to applicable law.

Personal information we collect may include your:

• First and last name
• Email address
• Mailing address
• Phone number
• Your photo (if you choose to upload one)
• Products you use (e.g., supplements you purchase)
• Payment and transaction information

In addition, if you are a DFH health practitioner, we may also collect your:

• Licensing credentials
• Company or practice name

Information Collected Automatically

In addition to information you submit through the DFH Sites, we may collect certain information using automated tools, such as cookies. “Cookies” are small data files stored by your web browser on your device. Cookies may allow a website to recognize a user’s device, record user preferences, track the pages a user clicks on while visiting the website, and identify the website visited immediately beforehand. Most web browsers accept cookies by default, but you may be able to adjust your browser settings to remove or reject cookies. Please note that blocking cookies may affect the availability and functionality of the DFH Sites and other websites. Also, disabling cookies may invalidate opt outs that use cookies to recognize devices that have opted out. These technologies help us to recognize you, customize or personalize your shopping experience, and to analyze the use of DFH Sites to make them more useful to you.

The types of information we collect automatically when you visit the DFH Sites may include IP addresses, device identifiers, browser characteristics, operating system details, language preferences, referring URLs, length of visits, anonymous traffic data, and pages viewed.

We or third parties may collect personal information about your online activities over time and across different websites when you use the DFH Sites.

Data Analytics and Advertising

We may use certain third-party web analytics services, such as Google Analytics, to help us understand and analyze how visitors use the DFH Sites and serve ads on our behalf across the Internet. We’ve implemented Google Analytics Advertising features such as remarketing with analytics, interest-based advertising, demographics and interests reporting, user segment analysis, and impression reporting. We and third-party vendors may use first-party cookies or other first-party identifiers as well as third-party cookies or other third-party identifiers to deliver advertisements, create a profile of you, measure your interests, detect your demographics, detect your location, and to personalize content.

For more information on how Google Analytics uses data collected through the DFH Sites, visit: https://www.google.com/policies/privacy/partners. To opt out of Google Analytics cookies, visit: https://www.google.com/settings/ads and https://tools.google.com/dlpage/gaoptout.

Spotlight Tests

We offer Genomic Spotlight®, Metabolomics Spotlight®, and GI Spotlight® (collectively, “Spotlight Tests”) for purchase by healthcare practitioners. The Spotlight Tests allow you to submit your saliva, urine, stool, or other kinds of biological samples for laboratory analysis and generate data your practitioner may use to offer you health insights and recommendations regarding nutritional supplements and lifestyle changes. Based on the data, your practitioner may recommend that you purchase additional products or services, which may include supplements manufactured by or for DFH. We partner with Diagnostic Solutions Laboratory, LLC (“DSL”) and Datapunk Bioinformatics LLC (“Datapunk”) to provide these services to your practitioner. DFH, DSL, and Datapunk will not share your sample, or any PI derived from it, with any other person except for service providers or contractors that DFH, DSL, or Datapunk engage solely for assistance in performing these services for you. DFH, DSL, Datapunk, and their service providers and contractors will not use or retain your sample or PI except as necessary to facilitate your practitioner’s analysis of the lab data, to comply with legal obligations, or for business purposes permitted by law, such as improving platform functionality. As to each sample collected for genomic analysis, for example, DSL will retain the sample for one month after completing testing, upon which the sample will be destroyed as biomedical waste. If you need to exercise any applicable data privacy rights, such as data deletion requests, regarding your biological sample or the data derived from it, please do not contact DFH directly. Please contact your practitioner, who can ensure that valid requests are forwarded to DFH, DSL, and Datapunk as applicable. If you are a practitioner who has received a valid request, please see the “Contact DFH” section below to forward the request to DFH.

Information We Obtain from Other Sources

We also may obtain information about you from third parties and healthcare practitioners and combine that information with information you provide to us directly or that we collect automatically through the DFH Sites.

HOW WE MAY USE YOUR PERSONAL INFORMATION

DFH may use personal information we collect through the DFH Sites for any purposes consistent with our statements under this General Privacy Notice, or otherwise made by us in writing at the point of collection, and not prohibited by applicable law, including, without limitation, to:

• Process your registration and manage your account.
• Transact with you, provide information you request, respond to your questions and requests, send you our newsletter, and send you notices.
• Improve DFH Sites and for any other internal business purposes.
• Facilitate affiliate relationships and commission or rewards program participation between health practitioners and DFH.
• Tailor our content, advertisements, and offers.
• Fulfill other purposes disclosed at the time you provide personal information or otherwise where we are legally permitted or are required to do so.
• Determine your location and manage digital content rights (e.g., territory restrictions).
• Conduct statistical analyses, surveys, and market research to enhance existing or develop new products and services.
• Comply with applicable laws, regulations, or legal process, as well as industry standards and our company policies.
• Prevent, investigate, identify, stop, or take any other action with regard to suspected or actual fraudulent or illegal activity, or any activity that violates our policies.
• For any other purpose, with your consent.
• Enforce our Terms of Use.

Designsforhealth.com allows you to make available, to your health practitioner, your name, email address, order history, and other related information associated with your online Designs for Health account (your “DFH Account Information”). We provide this feature to enhance your health practitioner’s ability to provide you with healthcare consultation or related products or services, and because we believe that our nutritional supplements are most beneficial when used under the supervision of a healthcare professional. On designsforhealth.com, you may direct us to make this information available by, for example: (i) selecting your health practitioner or entering his or her practitioner code when prompted during account registration, and/or (ii) shopping on his or her online dispensary. Sometimes, your health practitioner may provide services to you on behalf of a clinic or other business that the health practitioner owns, manages, or works for. In those situations, it might be difficult for you to continue to receive the services unless we allow the business to access your DFH Account Information, and so your health practitioner may request that we provide the access. We may grant such requests if we determine that doing so will best support the purpose for which you consented to disclose your Account Information and if the health practitioner legally warrants to the legitimacy of the request. Health practitioners, including their businesses as described above, remain responsible for compliance with laws applicable to their collection and handling of personal health information and other data. For information about your health practitioner’s privacy practices, please contact him or her directly.

HOW WE MAY DISCLOSE YOUR PERSONAL INFORMATION

We may disclose your personal information:

• With our affiliates, subsidiaries, and any company owned or controlled by DFH.
• With our service providers assisting us in carrying out the DFH Sites (e.g., data hosting providers, online ad management providers, application developers), and with healthcare practitioners or other resellers of our products. These service providers use personal information that we disclose to them only for the purpose for which it was disclosed. It is understood that such service providers shall respect strict contractual conditions that oblige them to maintain the confidentiality of all information. Whenever we hire other organizations to provide support services, they will be required to conform to our privacy standards and applicable law.
• With your health practitioner as described above.
• In the event of a business transaction, such as if we sell or transfer all or a portion of our business or assets (e.g., further to a merger, reorganization, liquidation, or any other business transaction, including negotiations of such transactions), we reserve the right to disclose any information we obtain through the DFH Sites. You acknowledge that such transfers may occur and are permitted by and subject to this General Privacy Notice.
• To social networks, advertising networks, data analytics providers, and data brokers so that we can engage in interest-based advertising and run analytics to learn about how our customers are using the DFH Sites and other related websites.

However, to be clear, DFH does not sell or disclose your personal information to third parties in exchange for money or similar compensation, and we do not use cookies or other tracking technologies (“Tracking Technologies”) to share, with social networks or other third parties for cross-context behavioral advertising,your sensitive personal information or any information derived from your submission of biological samples for laboratory analysis using the Spotlight Tests (defined below). Additionally, we do not share personal information if prohibited by law. Please see the “Analytics, Tracking, and Interest-Based Advertising” section below for information regarding choices about data sharing.

DFH may also disclose personal information when required by subpoena, search warrant, or other legal processes, or in response to activities that are unlawful or a violation of DFH’s rules for use of the DFH Sites, or to protect and defend our rights or property.

Your personal information may be stored, processed or otherwise used by us, our affiliates or our service providers, both inside and outside of your jurisdiction of residence. As a result, that other country's courts, governments or law enforcement agencies could obtain disclosure of your information in accordance with that country's laws.

YOUR CHOICES

We will strive to keep all personal information in our files complete, up-to-date, and accurate. DFH may provide mechanisms allowing you to delete, correct, or update your personal information (e.g., profile and account information). DFH will make good faith efforts to process requested changes in DFH’s then-active databases as soon as practicable, but it is not always possible to completely change, remove or delete all of your personal information from DFH’s databases and residual and/or cached data may remain archived thereafter. Moreover, we may utilize methods other than erasure of your personal information, such as anonymization and aggregation, as permitted by applicable law. Further, we reserve the right to retain personal information as required by applicable law, and for so long as reasonably necessary to fulfill the purposes for which the personal information is retained except to the extent prohibited by applicable law.

California Residents

You may have additional choices. Please see our California Privacy Policy and Notice at Collection for more information.

Email/Text Communications

DFH may send you promotional communications from time to time, and where applicable we may seek your express consent, on our own behalf and on behalf of our affiliates, to send you commercial electronic messages. You can opt out of receiving certain promotional communications from DFH at any time by following the instructions provided in emails to click on the unsubscribe link, or if available by changing your communication preferences by logging into your account. Even if you opt out of receiving promotional communications, DFH may, subject to applicable law, continue to send you non-promotional communications, such as those about your account, transactions, servicing, or DFH’s ongoing business relations. Please note that your opt-out is limited to the e-mail address used and will not affect subsequent or different subscriptions.

You may opt out of a text message program at any timeby following the instructions you receive (e.g., texting the word STOP). Please note that your opt-out is limited to the phone number used and will not affect subsequent subscriptions. If you opt out of only certain communications, other communications may continue.

Analytics, Tracking, and Interest-Based Advertising

Certain cookies and other tracking technologies (“Tracking Technologies”) may generally be disabled or removed by tools available as part of most commercial browsers, and in some instances blocked in the future by selecting certain settings. Browsers offer different functionalities and options so you may need to set them separately. Also, tools from commercial browsers may not be effective with certain Tracking Technologies.

Please be aware that if you disable or remove these technologies, some parts of the DFH Sites may not work and that when you revisit the DFH Sites your ability to limit browser-based Tracking Technologies is subject to your browser settings and limitations.

Your web browser may have settings that allow you to transmit a “Do Not Track” signal when you visit various websites or use online services. Like many websites, the DFH Sites are not designed to respond to “Do Not Track” signals received from website browsers. To learn more about “Do Not Track” signals, visit https://www.allaboutdnt.com.

Many advertisers and service providers that perform advertising-related services for us and third parties participate in voluntary programs that provide tools to opt-out of such interest-based advertising such as the Digital Advertising Alliance’s (“DAA”) Self-Regulatory Program for Online Behavioral Advertising. To learn more about how you can exercise certain choices regarding Interest-based Advertising for DAA members, visit here, here, and, for Canadian residents, here for information on the DAA’s opt-out program for mobile apps. Some of these companies also are members of the Network Advertising Initiative (“NAI”). To learn more about the NAI and your opt-out options for their members, see here.

Please be aware that, even if you can opt out of certain kinds of Interest-based Advertising, you may continue to receive other types of ads. Opting out only means that those selected, participating members should no longer deliver certain Interest-based Advertising to you but does not mean you will no longer receive any targeted content and/or ads (from other ad networks, for example). Also, if your browsers are configured to reject cookies when you visit these opt-out webpages, or you subsequently erase your cookies, use a different device or web browser or use a non-browser-based method of access (mobile app, for example), your browser-based opt-out may not, or may no longer, be effective.

We support the ad industry’s 2009 Self-regulatory Principles for Online Behavioral Advertising you can read here and expect ad networks we directly engage that serve you Interest-based Advertising to do so as well, although we cannot guarantee their compliance. We are not responsible for the effectiveness of, or compliance with, any third parties’ opt-out options or programs or the accuracy of their statements regarding their programs.

In addition, we may serve ads on Third-party Services that are targeted to reach people on those services that are also identified on one of more of our databases (“Matched List Ads”). This is done by using Tracking Technologies, or by matching common factors between our databases and the databases of the Third-Party Services. We are not responsible for these Third-Party Services, including without limitation their security of the data. We are not responsible for such third parties’ failure to comply with your or our opt-out instructions as they may not give us notice of opt-outs to our ads that you give to them, and they may change their options without notice to us or you.

DATA SECURITY

We take reasonable measures to protect your personal information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Nevertheless, transmission via the Internet and online digital storage are not completely secure and we cannot guarantee the security of your information collected through the DFH Sites. It is your responsibility to make sure that your passwords and account registration information are secure and not disclosed or available to third parties.

We take all reasonable steps to protect the security and confidentiality of your personal information. We protect the personal information within our custody or control with appropriate organizational, technological and physical safeguards.

We store personal information in electronic and physical files that are secure, and our security measures include secure on and off-site storage, restricted access to records and data processing equipment, password protocols, and encryption and security software. We conduct audits and monitor compliance with our privacy practices.

DATA RETENTION

We will keep your personal information for as long as your account is active so that you can access and amend your personal information as necessary, and to provide you access to the DFH Sites. We may continue to retain your personal information after you deactivate your account, as reasonably necessary to comply with our legal obligations, to resolve disputes regarding user preferences, enforce our agreements, or protect our legitimate interests.

If you use certain features on the DFH Sites, we may be obligated to keep your personal information for a longer period, and we will do what is legally necessary. When we are no longer required to preserve your personal information, we will ensure that it is securely deleted.

SWEEPSTAKES, CONTESTS, AND PROMOTIONS

DFH may offer sweepstakes, contests, and other promotions (each, a “Promotion”), including Promotions jointly sponsored or offered by third parties, which may require submitting personal information. If you voluntarily choose to enter a Promotion, your personal information may be disclosed to DFH, co-sponsors, and other third parties, including for administrative purposes and as required by law. By entering, you are agreeing to the official rules that govern that Promotion, which may include consent to additional or differing privacy practices from those contained in this General Privacy Notice. Please review those rules carefully.

INFORMATION YOU DISCLOSE PUBLICLY OR TO OTHERS

The DFH Sites may permit you to post or submit User Content on User Forums. Notwithstanding anything to the contrary, unless otherwise explicitly agreed by us or required by applicable law, personal information included in User Content is not subject to DFH’s usage or sharing limitations, or other obligations under this General Privacy Notice or otherwise, and may be used and disclosed by DFH and third parties to the fullest extent not prohibited by applicable law. DFH encourages you to exercise caution when making decisions about what you disclose in public areas.

THIRD-PARTY SERVICES

For your convenience, the DFH Sites may from time to time include links to websites or services that are owned and/or operated by third parties. This General Privacy Notice does not apply to those websites or services, which may have their own privacy policies or notices that you should review to understand how they may use or disclose your personal information. DFH is not responsible for the content or privacy practices of any linked websites or services that are operated by third parties.

Certain functionalities may permit interactions that you initiate between the DFH Sites and certain third-party services. Examples include: “liking” or “sharing” DFH’s content and to otherwise connect DFH Sites to a third-party service (e.g., to pull or push information to or from the service).

DFH may engage and work with third parties to serve advertisements on third-party services. Some of these ads may be tailored to your interests based on your browsing of the DFH Sites and elsewhere on the Internet, which may include use of location and/or cross-device data, sometimes referred to as “interest-based advertising” and “online behavioral advertising”, which may include sending you an ad on a third-party service after you have left the DFH Sites (i.e., “retargeting”). For information on exercising your choices with respect to these third-party services that perform analytics and interest-based advertising activities, please visit the “Your Choices” section above.

CHILDREN'S PRIVACY

The DFH Sites are not intended for, nor targeted to, children under 13, and we do not knowingly request or collect personal information from any person under 13 years of age through the DFH Sites. If we learn that we have received information directly from a child who is under the age of 13, we will delete the information in accordance with applicable law.

NOTICE TO INTERNATIONAL VISITORS

The majority of our computer systems, networks, and devices are currently based in the United States. Accordingly, personal information we obtain through the DFH Sites may be processed in the U.S. and elsewhere where data protection and privacy regulations may not offer the same level of protection as in other parts of the world. By accessing the DFH Sites, you consent to the collection and/or processing of your personal information in the United States.

CHANGES TO THIS GENERAL PRIVACY NOTICE

This General Privacy Notice is subject to change at our discretion. We will indicate changes by updating the “Last Modified” date. Your use of the DFH Sites after any update to this General Privacy Notice will constitute your acceptance of the changes.

CONTACT DFH

You may contact us or our compliance manager with questions regarding this General Privacy Notice by emailing techsupport@designsforhealth.com or calling 1-800-847-8302. Our compliance manager is Rachael Pileggi, Chief Compliance Officer, Designs for Health, Inc.