Health Data Notice

Health Data Notice for Washington & Nevada Residents

Last Updated: May 6, 2024 (Xendurance LLC.)

This Health Data Notice (“Health Data Notice”) governs the website (xendurance.com), apps (each an “App”), offline locations or services (collectively, the “Services”) owned and operated by Xendurance LLC., or its affiliates and subsidiaries (referred to herein as “Xendurance,” “we,” “us,” or “our” as applicable) that display, reference, or link to this Health Data Notice. This Health Data Notice supplements our Privacy Policy and applies to “Consumer Health Data” subject to Washington and Nevada privacy laws (collectively, “health data privacy laws”).

The Consumer Health Data We Collect

We collect the following types of Consumer Health Data:

1. Details regarding your health status, including any symptoms, conditions, diagnoses, or medical tests undertaken.

2. Insights into your dietary habits and supplement intake, potentially encompassing dietary preferences.

3. Information concerning bodily functions, reproductive health, sexual health, fitness objectives, weight management, and exercise routines.

4. Data indicating attempts to access healthcare services, along with any related identifiable information. Additionally, other relevant information may be utilized to infer or deduce health-related insights.

The Origin Of Consumer Health Data

As described further in the “The Consumer Health Data We Collect” section of the Privacy Policy, we collect Consumer Health Data directly from you, from your interactions with our Services, from third parties, including Affiliates and Team Members (defined below), and from publicly available sources.

Reasons We Collect And Use Consumer Health Data

We may utilize the aforementioned Consumer Health Data categories for various purposes:

Communication: Your Consumer Health Data aids in responding to inquiries and comments submitted through features like the "Contact Us" or info@xendurance.com option within our Services.
Transaction Processing: When you make purchases through our Services, we may rely on your Consumer Health Data to process orders, verify transactions, and ensure timely delivery.
Service Administration: Consumer Health Data may be instrumental in the smooth administration of our Services and facilitates the execution of various business activities.
Cart Management: Technologies are employed to monitor items placed in your cart, including instances of abandonment, enabling us to send timely reminders via SMS or other channels.
Personalized Recommendations: If you opt to participate in assessments within the Services, your Consumer Health Data informs personalized product recommendations and relevant information tailored to your interests.
Analysis: Consumer Health Data is analyzed to enhance the quality of our business operations and the Services provided.
Fraud Prevention: We leverage your Consumer Health Data to mitigate fraud and other criminal activities potentially impacting our Services, and to investigate and enforce contractual agreements.
IT System Management: Your Consumer Health Data supports troubleshooting, testing, and safeguarding our IT infrastructure, including website maintenance.
Compliance: Your Consumer Health Data ensures compliance with legal and regulatory obligations, safeguarding rights, privacy, safety, and property, both for ourselves and our affiliates.
Engagement Features: Participation in features like promotions, challenges, surveys, polls, sweepstakes, and message boards within the Services is facilitated by your Consumer Health Data.
Aggregate Insights: Consumer Health Data is aggregated to provide product feedback to customers and analyze broader usage trends within the Services, in a manner that protects individual privacy.
Other Lawful Purposes: We may utilize your Consumer Health Data for purposes disclosed at the time of information provision or with your explicit consent, in accordance with applicable laws and regulations.

The Sharing Of Consumer Health Data

In adherence to health data privacy regulations, we disclose Consumer Health Data to specific categories of third parties, as outlined below. Prior to any such disclosure, we will seek your explicit consent.

Affiliates: Our network includes various health and wellness brands, collectively referred to as our "Affiliates." Consumer Health Data may be shared with these Affiliates for purposes such as sending you promotions, updates on sales and offers, newsletters aligned with your interests, and for legal and legitimate business endeavors.
Business Partners: Collaboration with partner companies allows us to provide goods or services, including jointly developed products, sweepstakes, contests, and similar promotional activities. Your Consumer Health Data may be shared with these partners as necessary.
Governmental and Public Authorities: In circumstances where disclosure is deemed essential to prevent physical harm, financial loss, or in connection with the investigation of suspected or actual illegal activities, Consumer Health Data may be shared with competent governmental or public authorities.
Compliance with Legal Processes: To adhere to legal obligations, Consumer Health Data may be shared to the extent required to respond to subpoenas, court orders, or other legal processes, or in response to requests for cooperation from law enforcement or government agencies.
Other Third Parties: In situations where disclosure is believed to be necessary to safeguard our rights, your safety, or the safety of others, Consumer Health Data may be shared in good faith. Such disclosures are made with the intention of pursuing available remedies and minimizing potential harm. Any sharing with third parties is conducted in strict accordance with health data privacy laws.

How To Exercise Your Rights

Health data privacy laws provide covered individuals with certain rights to access, delete, or withdraw consent relating to their Consumer Health Data, subject to certain exceptions. If you would like to exercise the rights outlined above, please follow the prompts here. We may take steps to verify your identity before responding to your request by asking you a series of questions about your previous interactions with us. If your request to exercise a right under health data privacy laws is denied, you may appeal that decision by emailing us at NHScLegal@us.nestle.com. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Nevada or Washington State Attorney General, as applicable. NV (https://ag.nv.gov/Complaints/File_Complaint/); WA (https://www.atg.wa.gov/file-complaint).

Health data privacy legislation grants individuals covered by these laws specific entitlements to access, delete, or revoke consent pertaining to their Consumer Health Data, with certain exceptions in place. Should you wish to enact any of the aforementioned rights, kindly proceed by following the provided prompts. To ensure the security of your information, we may undertake measures to confirm your identity, which may involve posing a series of questions regarding your previous interactions with our platform. In the event that your request to exercise a right under health data privacy laws is declined, you retain the option to appeal this decision by contacting us via email at compliance@xendurance.com. Should your appeal prove unsuccessful, you have the option to voice your concerns or lodge a complaint with the relevant authorities, including the Nevada or Washington State Attorney General's office. You can initiate this process by accessing the following links: NV (https://ag.nv.gov/Complaints/File_Complaint/); WA (https://www.atg.wa.gov/file-complaint).

Health Data Notice Of Revisions

We maintain the right, solely at our discretion, to alter, amend, supplement, remove, or otherwise update segments of this Health Data Notice as necessary. In the event of any modifications, we will promptly publish the revised terms on our Services. Your ongoing utilization of our products and Services subsequent to the publication of these revisions indicates your acceptance of the updated terms. Should significant or material changes be made to this Health Data Notice, we will ensure to provide adequate notification to you.

Contact Us

If you have any questions or concerns about this Health Data Notice or the practices described herein, you may contact us by email at compliance@xendurance.com