NuTrak Health, LLC

Privacy Policy

Effective Date:01.01.22

Last Updated:01.31.22

NuTrak Health, LLC (“us,” “our,” or “we”) respects and cares about Your privacy rights. This Privacy Policy is designed to help You understand how we collect, use, and disclose Personally Identifiable Information You decide to share and to help You make informed decisions when using our Services (as defined below).

This Privacy Policy does not apply to companies that we do not own or control. Other services or organizations may have their own privacy policies and practices that govern the use of information You provide to them. For example, if You downloaded the NuTrak Health, LLC mobile application from a mobile app store, such as the Apple App Store® or Google Play™, each of these app stores have their own privacy policy and practices.

BY USING THE SERVICES, YOU AGREE WITH ALL OF THE TERMS OF THIS PRIVACY POLICY AND CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS SET FORTH IN THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, THEN PLEASE DO NOT USE THE SERVICES. You may stop using the Services at any time.

If You have any questions or comments about this Privacy Policy or our privacy practices, please contact us by using one of the means listed on our “Contact Us” page or by emailing us at info@nutrakhealth.com

1.DEFINITIONS

Certain capitalized terms, if not otherwise defined in this Privacy Policy, will have the meanings set forth in this Section.

1.1. Application” means the NuTrak platform that allows You to monitor and manage certain aspects of Your diet, and which You can (a) download from iTunes®, or Google Play™ app stores, as available, and access with Your username and password. Application includes any updates, enhancements, modifications, revisions, or additions to the Application made by NuTrak Health, LLC and made available from time to time to end users.

1.2. Services” means, collectively, the Application and the Website.

1.3. You” or “Your” refers to the individual end user of the Services and includes, but is not limited to, the user that is enrolled in the Application as well as anyone else to whom the user has given access to view the Services.

1.4. Website” means the website located at https://www.nutrakhealth.comand any communication You receive from us that links directly to this Privacy Policy. Website does not include Application.

2. THE INFORMATION WE COLLECT, USE, AND DISCLOSE

2.1. Personally Identifiable Information We May Collect and How We May Collect the Information

Personally Identifiable Information We May Collect

Personally Identifiable Information” is information that identifies You as an individual, such as Your name, email address, location and unique device identifiers.

How We May Collect Your Personally Identifiable Information

We may collect Personally Identifiable Information in a variety of ways, including when:

How We May Use and Disclose Your Personally Identifiable Information

We may use or disclose Your Personally Identifiable Information in a variety of ways and in a manner not prohibited by law, including:

2.2. Other Information We May Collect and How We May Collect the Information

Other Information We May Collect

Other Information” is any information that does not reveal Your specific identity or does not directly relate to an individual, including, for example: (1) computer or device connection information, such as browser type and version, operating system type and version, device information, and other technical identifiers; (2) information collected through cookies and other technologies; (3) demographic information and other information provided by You; or (4) aggregated information, such as usage history and search history. If we combine Other Information with Personally Identifiable Information, the combined information will be treated as Personally Identifiable Information for as long as it remains combined.

How We May Collect Other Information.

We, and our third-party service providers, may collect Other Information in a variety of ways, including, but not limited to:

How We May Use and Disclose Other Information

We may use and disclose Other Information for any purpose, except where we are required to do otherwise under applicable law. If we are required to treat Other Information, such as IP addresses or other similar identifiers, as Personally Identifiable Information under applicable law, then we may use it as described in the “How We May Collect Other Information” section above, as well as for all the purposes for which we use and disclose Personally Identifiable Information, but we will treat these identifiers as Personally Identifiable Information.

3. HOW WE MAY COMMUNICATE WITH YOU

We may communicate with You through various means including, for example, sending You email at the email address that You provide when You register for an account.

By providing us with Your email address You consent to us using such means to contact You. We may contact You to (i) notify You regarding Your account; (ii) troubleshoot problems with Your account or the Application; (iii) send You reminders related to our Services; or (iv) as otherwise necessary to service Your account or enforce our Terms of Service, our policies, applicable law, or any other agreement we may have with You. We may share Your email address with service providers with whom we contract to assist us in pursuing these interests, but we will not share Your email address with third parties for their own purposes without Your consent.

4. OUR COMMITMENT TO DATA SECURITY

Communications from our app may be delivered using regular email, SMS, or mobile push notifications, none of which are encrypted. We cannot guarantee the security of any information You provide to us through email, nor can we guarantee that the information You supply to us will not be intercepted while being transmitted to us. For this reason, we will not request information from you by email, and the information we send to you through non-encrypted channels will be very limited.

Information You provide or receive through the App or Website will be encrypted in-transit using certificates from a recognized certificate authority.

Please do not send any sensitive, confidential, or otherwise protected information using regular email or SMS. Please provide such information through the communication mechanisms made available in the Application or on the Website.

If You have any reason to believe or reasonably suspect any loss, theft or unauthorized use of the username or password You use to access the Application, Your device, or that Your access to the Application was compromised, You must immediately notify us by using the means listed on our contact us page or by emailing us at info@nutrakhealth.com

5. DISCLAIMER

NuTrak Health, LLCis not a medical provider and does not make clinical, medical, or other decisions related to Your healthcare.NuTrak Health, LLC or the Services are not substitutes for professional medical advice. If You have questions or concerns about Your health, contact Your medical provider for advice. Your medical provider has the sole responsibility for all decisions and actions taken or not taken involving Your healthcare that is any way related to Your use of the Services.

THE INFORMATION MADE AVAILABLE ON OR THROUGH THE SERVICES SHOULD NOT BE RELIED UPON WHEN MAKING MEDICAL DECISIONS OR TO DIAGNOSE OR TREAT A MEDICAL CONDITION. USE OF THE APPLICATION DOES NOT CREATE A PROVIDER-PATIENT RELATIONSHIP.

While we make reasonable efforts to ensure accuracy of the information on the Services, we do not guarantee the accuracy, and the information is provided with no warranty or guarantee of any kind.

6. THIRD-PARTY SERVICES AND LINKS

This Privacy Policy addresses only the collection, use, and disclosure of information that we collect from You through our Services or through our interaction with You.

Our Services may contain links to other websites and third-party services. The inclusion of a link on our Services to a website or third-party service does not imply endorsement of the linked site or service by us, our affiliates, or third-party vendors. We do not exercise control over third-party websites or their privacy practices. For example, we may include a link for You to connect with us on Facebook or to follow us on Twitter; each of these companies has their own privacy policy and practices and they may not be required to comply with federal laws to protect the privacy and security of Personally Identifiable Information. To understand how these entities use information that they receive from You or collect about You, please read their privacy policies or statements.

We are not responsible for the collection, usage, or disclosure of the policies and practices of other organizations, such as Your Internet service provider or wireless carrier.

7. INTERNATIONAL VISITORS

The Services are controlled and operated from the United States and are not intended to subject us to the laws or jurisdiction of any state, country or territory other than that of the United States. If any material on the Services is contrary to the laws of the place where You are when You access them, then we ask You not to use the Services. You are responsible for informing Yourself of the laws of Your jurisdiction and complying with them.

By using the Services, You consent to the transfer of information to the United States, which may have different and less restrictive data protection rules than those of Your country.

8. UPDATES TO THIS PRIVACY POLICY

We may change this Privacy Policy from time to time. Please look at the “Last Modified” legend at the top of this page to see when this Privacy Policy was last revised. Any non-material changes to this Privacy Policy will become effective when we post the revised Privacy Policy on the Website or push the Privacy Policy out to the Application, as applicable.

If the changes are material, as solely determined by us, we will send You notice (the “Change Notice”) by email, by posting it on the applicable page of the Website or Application, or by pushing the notice to Your mobile device through the Application. However, it is Your responsibility to check this Privacy Policy periodically for changes. Your continued use of the Services following the posting, the effective date of the changes, or the applicable date indicated in the Change Notice will mean that You accept and agree to the changes.

9. GOVERNING LAW AND ENTIRE AGREEMENT

The laws of the Commonwealth of Kentucky, without regard to any conflicts of laws principles thereof, will govern the construction and interpretation of this Privacy Policy and the rights of the parties hereunder. The parties hereunder agree on behalf of themselves and any person claiming by or through them that the exclusive jurisdiction and venue for any action or proceeding arising out of or relating to this Privacy Policy or the Services will be an appropriate state or federal court located in Fayette County, Kentucky and each party irrevocably waives, to the fullest extent allowed by applicable law, the defense of an inconvenient forum.

This Privacy Policy and the Terms of Service are the final, complete and exclusive agreements of the parties hereto with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter. Unless otherwise expressly modified in this Privacy Policy, all terms and conditions of the Terms of Service remain in full force and effect.

10. HOW TO CONTACT US AND HOW TO FILE A COMPLAINT

Should You have other questions or concerns about this Privacy Policy, our privacy practices, or our use of Your Personally Identifiable Information, please contact us by using one of the means listed on our “Contact Us” page or by emailing us at info@nutrakhealth.com