Note, Zipongo is not a medical group. Any telemedicine or nutritional consults obtained through our Site or Service are provided by independent medical practitioners and registered dietitians including Zipongo Health Provider Group, P.A. (“Zipongo Health”), an independent medical group with a network of United States based health care providers (each, a “Provider”). Zipongo Health (or your own medical provider if you do not use a Zipongo Health Provider) is responsible for providing you with a Notice of Privacy Practices describing its collection and use of your health information, not Zipongo. If you do not agree to be bound by those terms, you are not authorized to access or use our Site and Service, and you must promptly exit our Site and Service.
1. Types of Data We Collect
We collect Personal Data and Anonymous Data from you when you visit the Enterprise Site, or send us information or communications, and/or when you submit content to our Enterprise Site. “Personal Data” means data that allows someone to identify or contact you, including, for example, your name, address, location, telephone number, email address, your medical history, biometrics (including fingerprints), and health information as well as any other non-public information about you that is associated with or linked to any of the foregoing data. “Anonymous Data” means data that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons.
1.1 Data You Provide to Us
We receive and store any information you enter on our Enterprise Site or otherwise provide to us.
We collect Personal Data from you, such as your username, first and last name, mailing address, email address, phone number, location, our medical history, biometrics (including fingerprints), and health information when you access the Enterprise Site and submit such information to the Enterprise Site.
We collect any Personal Data contained in information or content that you submit to the Enterprise Site, such as name or email.
We collect information that you submit to the Enterprise Site response to surveys or submissions of requests for references or resources.
If you provide us feedback or contact us via e-mail, we may collect your name and email address, as well as any other content included in the e-mail or that you submit to us, in order to send you a reply.
You also may provide information to be transmitted to other users of the Site or through us of the Services or third parties (collectively, “User Messages”). Your User Messages are 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 Site or through us of the Services with whom you may choose to share your User Messages. Therefore, we cannot and do not guarantee that your User Messages will not be viewed by unauthorized persons.
1.2 Data Collected Through Technology
Our servers (which may be hosted by a secure third party service provider) collect information from you when you visit or use the Enterprise Site, such as browser type and version, operating system, platform, Internet Protocol (IP) address (a number that is automatically assigned to your computer when you use the Internet, which may vary from session to session), domain name, and a date/time stamp for your visit.
We use analytics technology to collect information about your use of our mobile applications and the Enterprise Site, such as the time and date of your use, the duration of your use of various screens, and the features that you accessed. We use this data to assess features most preferred or most difficult to use, to improve the usability experience for users.
We may use clear gifs (otherwise known as web bugs or web beacons) to gather information about your visit to the Enterprise Site, such as what you click on and pages and information you viewed. Additionally, be aware that partners may also use their own clear gifs and we do not control use of these by partners and expressly disclaim responsibility for information collected through them. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are placed on a user’s hard drive, clear gifs are embedded invisibly on web pages.
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, but we currently do not 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).
2. Public Areas; Sharing
We may display your name and public information (“Public Content” as defined in the Foodsmart Terms and Conditions), such as your comments, blog posts, when you post Public Content to or use forums, blogs, and other user community features of the Enterprise Site (collectively, “Public Areas“). A subset of your public content is available to the general public and other users on the Enterprise Site. If you associate your name with your Public Content, the people to whom you have revealed your name will be able to personally identify your activities on our Enterprise Site. You may also choose to share on the Enterprise Site or a Third Party Service, via comments, your location, and data, (collectively, “Shared Content”). If you use Public Areas, post Public Content, share Shared Content, or send emails or other messages to other persons, you should be aware that they can read, collect or use any Personal Data contained therein. We are not responsible for the Personal Data you choose to submit in the Public Areas, in your Public Content, Shared Content, or that you send to others.
3. Third Party Services
We allow you to access third party services (“Third Party Services“), such as, but not limited to, Google, to share content with those services. Some Third Party Services may provide us information to help improve and personalize your experience on the Enterprise Site, or provide Shared Content. It is your choice to login to Third Party Services, such as Facebook; you are not required to do so. Once logged into a Third Party Service, you can control your privacy settings on the Service to block the sharing to Third Party Services of your content and the importation of friend and contact information from Third Party Services. You can also adjust your privacy settings with the Third Party Service. We also may offer a feature allowing you to invite friends to join the Enterprise Site by providing their contact information or by importing their contact information from your address book on a Third Party Service, such as, but not limited to, Gmail from Google, or your address book on your mobile device. You agree that we may store and use your friends’ contact information to invite them to join and connect with you on the Enterprise Site. Your friends may choose to ignore your friend requests or the opportunity to access Zipongo.
In general, Personal Data you submit or authorize a third party to submit (such as an employer) to us is used to provide you with a customized experience, aid us in serving you better, and to respond to your requests.
We use your Personal Data to:
● Facilitate the creation of and secure your access on our network;
● Identify you as a user in our system;
● To provide our Services to you;
● Provide the services and customer support you request;
● Analyze request and usage patterns, diagnose problems with our server and administer our Enterprise Site;
● Improve the quality of experience and provide you a personalized experience when you use the Enterprise Site;
● Send you administrative e-mail notifications, such as security or support and maintenance advisories (the e-mails we send may contain code that enables our database to track your usage of the e-mail, such as whether the e-mail was opened and/or what links (if any) were clicked);
● Respond to your inquiries related to employment opportunities or other requests;
● Send you e-mail messages, text or SMS messages, targeted social media or digital media ads, or postal mail informing you of our products and services and also third party products and services we believe may be of interest to you;
- to fulfill any other purpose for which you provide it (for example to facilitate the services of Zipongo Health);
- 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 Site, or any products or services we offer or provide though them; and
- for any other purpose with your consent.
4.2 Change of Control
5. Disclosure of Your Data
5.1 Except as described below, we do not share your Personal Data with third parties:
● We may share your Personal Data with third party service providers under contract to perform functions on our behalf. Examples include sending postal mail or e-mail, storing data, analyzing data, performing quality assurance, providing technical support, providing marketing assistance, verifying identity, and providing customer service. These third parties may have access to your Personal Data only as needed to perform their functions. Our payment processors’ privacy policies may be found at http://stripe.com/us/privacy, and https://www.paypal.com/us/webapps/mpp/ua/privacy-full;
- We may share your Personal Data to fulfill the purpose for which you provide it. For example, we may disclose your personal information to a Provider.
- We may share your Personal Data for any other purpose disclosed by us when you provide the information.
● We may share your Personal Data with your consent for any other purpose.
5.2 Information that You Share
You may share User Content and/or Personal Data through various Enterprise Site functionalities, including but not limited to sharing via email or invite external contacts to access the Enterprise Site. See the Foodsmart Terms and Conditions for more detail on information that you share.
6. Use and Disclosure of Anonymous Data
We will have the right to use, and share with third parties, Anonymous Data for any purpose and in any manner. Anonymous Data includes non-personally identifiable data we create from Personal Data (in accordance with applicable law) by excluding information that makes such data personally identifiable. For example, Anonymous Data may be used or disclosed in connection with research studies or may be used to improve the quality of use of the Enterprise Site.
7. Your Choices Regarding Your Personal Data
7.1 Your Control of the Use and Disclosure of Your Personal Data
7.2 Changes to Personal Data
You may change any of your Personal Data by contacting us at firstname.lastname@example.org. You may request deletion of your Personal Data by us by contacting us at email@example.com , but please note that we may be required (by law or otherwise) to keep this information and not delete it (or to keep this information for a certain time, in which case we will comply with your deletion request only after we have fulfilled such requirements). When we delete any information, it will be deleted from the active database, but may remain in our archives.
8. A Note about Children
The Enterprise Site is not currently directed to children under the age of 13. We respect the privacy of parents and children and are committed to complying with the Children’s Online Privacy Protection Act (“COPPA”). We do not knowingly collect or solicit any information from anyone under the age of 13 or knowingly allow such persons to register for the Enterprise Site. In the event that we learn that we have collected personal information from a child under age 13 without parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us immediately.
We have commercially reasonable security measures in place to help protect against loss, misuse and alteration of your Personal Data in our possession, including securely storing any Personal Data collected as encrypted data. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while Zipongo uses reasonable efforts to protect your Personal Data, Zipongo cannot guarantee its absolute security.
11. Compliance with laws: CCPA, GDPR
11.1 Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit https://oag.ca.gov/privacy/privacy-laws.
11.2 Notice to European Users
12. Contacting Zipongo
ATTN: Scott Matthews
600 California Street
San Francisco, CA 94108
Privacy Notice for California Residents
Effective Date: November 2019
Last Reviewed on: July 2021
Information We Collect
Our Website collects information that identifies, relates to, describes, references, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or device (” personal information”). In particular, our website has collected the following categories of personal information from its consumers within the last twelve (12) months:
Category A: Identifiers
Examples: A real name, Internet Protocol address, email address, or other similar identifiers.
Category B: Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).
Examples: A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information. Some personal information included in this category may overlap with other categories.
Collected: YES, with your consent
Category C: Protected classification characteristics under California or federal law.
Examples: Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
Collected: YES, with your consent
Personal information does not include:
- Publicly available information from government records.
- De-identified or aggregated consumer information.
- Information excluded from the CCPA’s scope, like:
- health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
- personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FRCA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
We obtains the categories of personal information listed above from the following categories of sources:
- Directly from you. For example, from forms you complete on our website.
- Indirectly from you. For example, from observing your actions on our website or interactions with our advertisers.
Use of Personal Information
We may use, or disclose the personal information we collect for one or more of the following business purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- 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.
Sharing Personal Information
We may disclose your personal information to a third party for a business purpose [or sell your personal information, subject to your right to opt-out of those sales (seePersonal Information Sales Opt-Out and Opt-In Rights)]. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. [The CCPA prohibits third parties who purchase the personal information we hold from reselling it unless you have received explicit notice and an opportunity to opt-out of further sales.]
Disclosures of Personal Information for a Business Purpose
In the preceding twelve (12) months, Zipongo has not disclosed personal information for a business purpose.
Sales of Personal Information
In the preceding twelve (12) months, Zipongo had not sold personal information.
Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
Access to Specific Information and Data Portability 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.
Deletion Request Rights
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 provider(s) 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 et. 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.
Exercising Access, Data Portability, and Deletion Rights
To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by sending us a message on our website. 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. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.
Response Timing and Format
We endeavor to respond to a verifiable consumer request within forty-five (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. 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, specifically by electronic mail communication.
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.
Personal Information Sales Opt-Out and Opt-In Rights
If you are 16 years of age or older, you have the right to direct us to not sell your personal information at any time (the “right to opt-out”). We do not sell the personal information of consumers we actually know are less than 16 years of age, unless we receive affirmative authorization (the “right to opt-in”) from either the consumer who is between 13 and 16 years of age, or the parent or guardian of a consumer less than 13 years of age. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by visiting the following our webpage and sending us a message.
Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by visiting our website and sending us a message. We will only use personal information provided in an opt-out request to review and comply with the 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.
However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt in consent, which you may revoke at any time.
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send us an electronic message through our website or write us at our address listed on our webpage.