Privacy PolicyPrivacy Policy

Privacy Policy

We take your privacy seriously. Please read this policy to learn how we treat your personal data.

Effective: 5th August 2020

Remember that your use of Zoe’s Service is at all times subject to our Terms of Service, which incorporates this Privacy Policy. Any terms we use in this Policy without defining them have the definitions given to them in the Terms of Service.

If you have a disability, you may access this Privacy Policy in an alternative format by contacting hello@joinzoe.com or www.joinzoe.com/dpo.

What this Privacy Policy covers
This Privacy Policy covers how we treat Personal Data that we gather and subsequently process when you access or use our Service. “Personal Data” means any information that identifies or relates to you and also includes information referred to as “personally identifiable information” or “personal information” under applicable data privacy laws, rules or regulations. This Privacy Policy does not cover the practices of companies we don’t own or control or people we don’t manage.
What personal data we collect

Categories of Personal Data we collect

This list details the categories of Personal Data that we collect and have collected over the past 12 months as well as data we subsequently process:

Customer Information

This is information about you that we use to manage your account, for example your name, address, email address and telephone number. We use this data to:

  • Manage your account.
  • Decide whether particular state laws apply, for example to allow us to decide whether we need to involve a physician in collecting certain samples.
  • Enable testing (such as blood tests) where some personal information is required for the service to be provided with physician oversight.
  • To input relevant information into our analysis, for example your geographical location.

We need this information in order to deliver the service to you and so you would not be able to sign up to an account without providing it.

We delete this information when your ZOE account is closed. If your subscription ends, your account will remain active (and have access to your previous results) until closed. Please see our terms of service for more information about this.

The laboratories who conduct testing (such as blood tests) will hold information for longer depending on state and federal laws and data used to assess eligibility may be kept for at least 3 years.

Self-reported Health Information

This is information such as height, weight, what you eat, and pre-existing health conditions. We use this data to:

  • Determine your eligibility for our services or scientific research studies. 
  • Facilitate testing of Samples (see below) by third party laboratories we partner with.
  • To input relevant information into our analysis, for example what you eat.

We keep this data for as long as you have a ZOE account, but we will delete it if you specifically request it.

The laboratories who conduct testing (such as blood tests) will hold information for longer depending on state and federal laws but in general data used to assess eligibility is kept for at least 3 years.

Samples

These are biological samples, such as blood samples, that you have sent to third party labs for testing. We do not receive the samples ourselves, only the Test Results (see below). The laboratories are under contract to us and are required by those contracts not to share information about you with any third party except subcontractors who are essential to the carrying out of their work and who are also bound to confidentiality in the same way.

The laboratories will keep samples for different lengths of time depending on state and federal law. How long a sample is kept may depend on factors such as whether a test is successful or not. If you want further information about this, please contact the individual laboratories.

Test Results

These are the results we receive back from the laboratories that have analyzed your samples. For example, the concentration of glucose in your blood. 

We keep this data for as long as you have an account with ZOE, but we will delete it if you specifically request it. The laboratories will keep Test Results for different lengths of time depending on state and federal law, and could be kept on file for up to 11 years.

Device & Browser Data

If you visit our website, or use our app, then we will also collect information about you. Some of this information is direct: such as your IP address, the type of browser you are using, the make of your mobile phone and the contents of cookies we set (see our Cookie Policy). We also use third party analytics providers such as Google Analytics, who collect similar information and then supply us with further analysis derived from it.

We process this data in order to:

  • Locate errors in our systems or problems our systems may be facing with other systems (such as compatibility with a web browser)
  • Improve the functioning of our Service
  • Prevent fraud or other criminal activity

This information is automatically sent to us – although there are technical ways you can prevent us from receiving this information (for example by changing the information your browser supplies to us) – the way in which browser and app software works means it is inevitable that we process it.

We routinely delete our web server logs after 90 days, unless we are aware of any serious problem that requires investigation (for example fraud or a hostile attack to our systems), in which case we may preserve any information necessary for that investigation for as long as it is needed. Once the investigation is concluded, we will delete the data.

Our use of cookies is a little more complicated, so we have written a detailed Cookie Policy, explaining what cookies are; our additional reasons for processing them and explaining in detail how we process different kinds of cookies.

Payment Information

This is information that is necessary in order for payments to be processed by our third party payment processor. For example the amount of the payment, payment card type, payment card number, and your billing address. 

For your security our payment processor only shares the last 4 digits of your payment card number with us.

We retain this data as long as necessary to comply with our legal obligations under tax and corporate law. As soon as we no longer need the information, we delete it.

Correspondence

Where you directly correspond with us (such as sending us an email, online chat message, or call us) we will process information about you concerned with that correspondence, including your email and our responses. We keep that information for as long as necessary to deal with the correspondence – for example if you have made a complaint, as long as needed to deal with the complaint – and then for a further 6 years, in case we need it to defend or establish a legal claim.

Scientific Research Studies

You may, from time to time, be invited to participate in one or more scientific research studies. Participation is entirely voluntary and subject to an additional sign up process, which is managed by an ethics review board. This privacy policy may not accurately describe the data processing carried out during such a research study but if that is the case, the information you receive before participating in the study will explain any differences.

Our purposes for using Personal Data

We have explained specific reasons for processing categories of personal data above. Our core purpose is research into diet, into health and into the link between the two. For those purposes we process your self-reported health information, samples (processed on our behalf by third parties), Test Results and some customer information.

We may process any of the information you provide us for the purposes of providing support and assistance in using the Service.

We may also process your personal information if we are legally required to do so in circumstances where this cannot be reasonably resisted.

We will not collect additional categories of Personal Data or use the Personal Data we collected for different purposes without providing you notice.

How we share your Personal Data

We do not share Personal Data with anyone else, other than with:

  • Our group (ZOE Global Ltd, based in the UK, and ZOE Inc, based in the United States).
  • Others carrying out research into diet and/or health including academic research organizations (such as universities) and pharmaceutical companies, for example to assist in the development of new medications. When we do this an anonymous code will always be used to replace your personal details (name, email, phone number, and full address).
  • Laboratories engaged by ZOE to carry out tests. These laboratories may use physicians to sign off on authorization on behalf of customers to conduct tests in certain jurisdictions that restrict the sale of direct-to-consumer lab tests without physician authorization. ZOE will share any information that is necessary to obtain an authorization (including self-reported health information and other Test Results) with these laboratories and their physicians.
  • Contractors providing us services we use for processing Personal Data, which include:
  • Hosting, technology and communication providers.
  • Security and fraud prevention consultants.
  • Analytics providers. 
  • Support and customer service vendors.
  • Payment processors
  • Our professional advisors, such as if we need to consult an attorney for legal advice. In all cases these will be advisors under a professional duty of confidence.

Business Transfers

All of your Personal Data that we collect may be transferred to a third party if we undergo a merger, acquisition, bankruptcy or other transaction in which that third party assumes control of our business (in whole or in part). Should one of these events occur, we will make reasonable efforts to notify you before your information becomes subject to different privacy and security policies and practices.

Data that is not Personal Data

We may convert Personal Data into anonymous data, that is data which can no longer be linked with identifiable individuals, for example by aggregation of data about multiple individuals. We may create aggregated, de-identified or anonymized data from the Personal Data we collect, including by removing information that makes the data personally identifiable to a particular user. 

For example, we use your self-reported health information, Test Results and some of your Customer information to improve our models of the interaction of diet and health. The models we create have no individual information about you, being the aggregation of data from many individuals. 

We may use such anonymous data and share it with third parties for our lawful business purposes, including to analyze, build and improve the Service and promote our business, provided that the data remains anonymous. We do not delete anonymous data on any particular timetable. You may assume that we could keep it indefinitely.

Tracking tools, advertising and your rights to opt-out

The Service uses cookies and similar technologies such as pixel tags, web beacons, clear GIFs and JavaScript (collectively, “Cookies”) to enable our servers to recognize your web browser, tell us how and when you visit and use our Service, analyze trends, learn about our user base and operate and improve our Service. Cookies are small pieces of data – usually text files – placed on your computer, tablet, phone or similar device when you use that device to access our Service. We may also supplement the information we collect from you with information received from third parties, including third parties that have placed their own Cookies on your device(s). Please note that because of our use of Cookies, the Service does not support “Do Not Track” requests sent from a browser at this time.

For more information about our use of cookies, please see our Cookie Policy.

Data security and retention

We seek to protect your Personal Data from unauthorized access, use and disclosure using appropriate physical, technical, organizational and administrative security measures based on the type of Personal Data and how we are processing that data. You should also help protect your data by appropriately selecting and protecting your password and/or other sign-on mechanism; limiting access to your computer or device and browser; and signing off after you have finished accessing your account. Although we work to protect the security of your account and other data that we hold in our records, please be aware that no method of transmitting data over the internet or storing data is completely secure.

The periods for which we retain individual categories of Personal Data are explained under the heading “Categories of Personal Data we collect”, but in some cases we retain Personal Data for longer, if doing so is necessary to comply with our legal obligations, resolve disputes or collect fees owed, or is otherwise permitted or required by applicable law, rule or regulation.

Personal data of children

As noted in our Terms of Service, we do not knowingly collect or solicit Personal Data about children under 18 years of age (or under 19 years of age if they live in Alabama or Nebraska). If you are a child under the age of 18, please do not attempt to register for or otherwise use the Service or send us any Personal Data. 

If we learn we have collected Personal Data from a child under 18 years of age, we will delete that information as quickly as possible. If you believe that a child under 18 years of age may have provided Personal Data to us, please contact us at hello@joinzoe.com.

Your rights as a European Union Data Subject

Our headquarters, at ZOE Global Ltd, are in the United Kingdom. As a result, you are protected by the European Union’s General Data Protection Regulation ("GDPR"), regardless of your citizenship or where you live in the world. You may have additional rights under the GDPR with respect to your Personal Data, as outlined below.  

For this section, we use the terms “Personal Data” and “processing” as they are defined in the GDPR, but “Personal Data” generally means information about a person, and “processing” generally covers actions that can be performed in connection with data such as collection, use, storage, amendment, deletion and disclosure. ZOE will be the controller of your Personal Data processed in connection with the Service.

If there are any conflicts between this section and any other provision of this Privacy Policy, the policy or portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following applies to you, please contact us at hello@joinzoe.com.

Personal Data We Collect

The “Categories of Personal Data We Collect” section above details the Personal Data that we collect from you.

Personal Data Use and Processing Grounds

The “Our Purposes for Using Personal Data” section above explains the purposes for which we process your Personal Data.

We will only process your Personal Data if we have a lawful basis under the GDPR for doing so. Lawful bases for processing include:

  • Consent: Except for the specific situations explained below, we process your customer information, self-reported health information; samples and Test Results by consent. You may withdraw your consent at any time and we will stop processing your Personal Data in this way.
  • Contractual Necessity: In order to be able to perform our contract, we need to collect customer information we have marked as required and all payment information.
  • Compliance with a legal obligation: As explained above, we will sometimes have to process personal data in order to comply with a legal obligation imposed on us. Where those obligations are imposed by UK law, that law will provide us with a lawful ground for processing.
  • Legitimate Interest:  We process the following categories of Personal Data when we believe it is in our legitimate interest to do so and we do not believe that your rights of freedoms will be unduly interfered with by our processing:
  • Device data is justified by our legitimate interest in maintaining a reliable and secure system, free from errors and external security threats.
  • Where we are required to process personal data due to a legal obligation in the United States of America, we believe that justifies our processing your data. We believe your rights and freedoms are protected by a combination of US law and the contract between our UK parent company and our US subsidiary.
  • Cookies, for the reasons set out in our Cookie Policy.

All information about your health, which we would normally be forbidden from processing by the GDPR, is processed by us because you have consented to us doing so. 

Sharing Personal Data

The “How We Share Your Personal Data” section above details how we share your Personal Data with third parties. 

Data Subject Rights

You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights, or to submit a request, please email us at hello@joinzoe.com or www.joinzoe.com/dpo. Please note that in some circumstances, we may not be able to fully comply with your request, such as if it is extremely impractical, if it jeopardizes the rights of others, or if it is not required by law, but in those circumstances, we will still respond to notify you of such a decision. In some cases, we may also need you to provide us with additional information, which may include Personal Data, if necessary to verify your identity and the nature of your request.  

  • Access: You can request more information about the Personal Data we hold about you and request a copy of such Personal Data.
  • Rectification: If you believe that any Personal Data we are holding about you is incorrect or incomplete, you can request that we correct or supplement such data. 
  • Erasure: You can request that we erase some or all of your Personal Data from our systems.
  • Withdrawal of Consent:  If we are processing your Personal Data based on your consent (as indicated at the time of collection of such data), you have the right to withdraw your consent at any time. Please note, however, that if you exercise this right, you may have to then provide express consent on a case-by-case basis for the use or disclosure of certain of your Personal Data, if such use or disclosure is necessary to enable you to utilize some or all of our Service. 
  • Portability:  You can ask for a copy of your Personal Data in a machine-readable format. You can also request that we transmit the data to another controller where technically feasible. 
  • Objection:  You can contact us to let us know that you object to the further use or disclosure of your Personal Data for certain purposes, such as for direct marketing purposes.
  • Restriction of Processing:  You can ask us to restrict further processing of your Personal Data.
  • Right to File Complaint:  You have the right to lodge a complaint about ZOE’s practices with respect to your Personal Data with the supervisory authority of your country or EU Member State. A list of Supervisory Authorities is available here: https://edpb.europa.eu/about-edpb/board/members_en.

International Transfers of Personal Data

In providing the Service, we will transfer Personal Data between the USA and the UK and vice versa. Because the protection of Personal Data is very different in the USA from the UK, the GDPR requires us to put in place safeguards which will ensure that your GDPR rights continue to be respected in the USA.

Our current starting point is that  ZOE Global Ltd and ZOE Inc sign  “standard contractual clauses”,  approved by the European Commission, which requires ZOE Inc to comply with high standards of data protection and which gives data subjects rights to sue ZOE Inc for a failure to do so. We will also take any other steps we believe to be necessary to ensure that your Personal Data is protected.

In carrying out research, we will transfer Personal Data between our US and UK branches. As we have explained, we may also share Personal Data with commercial and non-commercial organizations carrying out research into diet and/or health. Such organizations could be based in any part of the world and so, we may transfer your data to any country where we consider that the safeguards we put in place are sufficient to give you proper protection.

The safeguard we use will usually involve ZOE Global Ltd signing a “standard contractual clause” with the third party, in the same way as data transfers to ZOE Inc are protected (see above) and, for each transfer, carrying out an assessment of the destination country’s legal system and consider whether, for that transfer, additional protection is needed. Sometimes the other country will be one, such as Argentina, which the UK has officially accepted as having adequate protection for Personal Data, so no special safeguard will be needed.

If you wish to see a copy of the standard contractual clauses we use, please contact us at the contact information given at the end of this privacy policy.

If, in the future, there are alternative means of giving you equivalent protection to the GDPR when we transfer data outside the UK, for example of statutory codes of practice are approved for our use, then we may use those methods instead of any described above, but in all cases we will satisfy ourselves that your Personal Data will be protected.

California resident rights

If you are a California resident, you have the rights set forth in this section. Please see the “Exercising your rights” section below for instructions regarding how to exercise these rights. Please note that we may process Personal Data of our customers’ end users or employees in connection with our provision of certain services to our customers. If we are processing your Personal Data as a service provider, you should contact the entity that collected your Personal Data in the first instance to address your rights with respect to such data.

If there are any conflicts between this section and any other provision of this Privacy Policy and you are a California resident, the portion that is more protective of Personal Data shall control to the extent of such conflict. If you have any questions about this section or whether any of the following rights apply to you, please contact us at:

hello@joinzoe.com or www.joinzoe.com/dpo 

Access

You have the right to request certain information about our collection and use of your Personal Data over the past 12 months. In response, we will provide you with the following information:

  • The categories of Personal Data that we have collected about you.
  • The sources from which that Personal Data was collected.
  • The business or commercial purpose for collecting or selling your Personal Data.
  • The categories of third parties with whom we have shared your Personal Data.
  • The specific pieces of Personal Data that we have collected about you.

If we have disclosed your Personal Data to any third parties for a business purpose over the past 12 months, we will identify the categories of Personal Data shared with each category of third party recipient. If we have sold your Personal Data over the past 12 months, we will identify the categories of Personal Data sold to each category of third party recipient.

Deletion

You have the right to request that we delete the Personal Data that we have collected about you. Under the California Consumer Privacy Act (CCPA), this right is subject to certain exceptions: for example, we may need to retain your Personal Data to provide you with the Service or complete a transaction or other action you have requested. If your deletion request is subject to one of these exceptions, we may deny your deletion request. 

Exercising your rights

To exercise the rights described above, you or your Authorized Agent (defined below) must send us a request that (1) provides sufficient information to allow us to verify that you are the person about whom we have collected Personal Data (we will use our existing authentication practices (your username and password) as the mechanism for verifying your identity, or if such information is unavailable then we will use alternative validation data to verify your identity to a reasonable degree of certainty), and (2) describes your request in sufficient detail to allow us to understand, evaluate and respond to it. Each request that meets both of these criteria will be considered a “Valid Request.” We may not respond to requests that do not meet these criteria. We will only use Personal Data provided in a Valid Request to verify your identity and complete your request. You do not need an account to submit a Valid Request.

We will work to respond to your Valid Request within 45 days of receipt. We will not charge you a fee for making a Valid Request unless your Valid Request(s) is excessive, repetitive or manifestly unfounded. If we determine that your Valid Request warrants a fee, we will notify you of the fee and explain that decision before completing your request.

You may submit a Valid Request using the following methods:

You may also authorize an agent (an “Authorized Agent”) to exercise your rights on your behalf. To do this, you must provide your Authorized Agent with written permission to exercise your rights on your behalf, and we may request a copy of this written permission from your Authorized Agent when they make a request on your behalf.

Personal Data sales opt-out and opt-In

We will not sell your Personal Data, and have not done so over the last 12 months.

We Will Not Discriminate Against You for Exercising Your Rights Under the CCPA

We will not discriminate against you for exercising your rights under the CCPA. We will not deny you our goods or services, charge you different prices or rates, or provide you a lower quality of goods and services if you exercise your rights under the CCPA. However, we may offer different tiers of our Service as allowed by applicable data privacy laws (including the CCPA) with varying prices, rates or levels of quality of the goods or services you receive related to the value of Personal Data that we receive from you.

Other state law privacy rights

California resident rights

Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to contact us to prevent disclosure of Personal Data to third parties for such third parties’ direct marketing purposes; in order to submit such a request, please contact us at:

hello@joinzoe.com or www.joinzoe.com/dpo 

Your browser may offer you a “Do Not Track” option, which allows you to signal to operators of websites and web applications and services that you do not wish such operators to track certain of your online activities over time and across different websites. Our Service does not support Do Not Track requests at this time. To find out more about “Do Not Track,” you can visit www.allaboutdnt.com

Nevada resident rights

If you are a resident of Nevada, you have the right to opt-out of the sale of certain Personal Data to third parties who intend to license or sell that Personal Data. You can exercise this right by contacting us at hello@joinzoe.com or www.joinzoe.com/dpo with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your Personal Data as sales are defined in Nevada Revised Statutes Chapter 603A.

Changes to this Privacy Policy

We’re constantly trying to improve our Services, so we may need to change this Privacy Policy from time to time, but we will alert you to any such changes by placing a notice on the ZOE Website, or by sending you an email, and/or by some other means. Please note that if you’ve opted not to receive legal notice emails from us (or you haven’t provided us with your email address), those legal notices will still govern your use of the Service, and you are still responsible for reading and understanding them. If you use the Service after any changes to the Privacy Policy have been posted, that means you agree to all of the changes. Use of information we collect is subject to the Privacy Policy in effect at the time such information is collected.

How to contact us:

If you have any questions or comments about this Privacy Policy, the ways in which we collect and use your Personal Data or your choices and rights regarding such collection and use, please do not hesitate to contact us at:

hello@joinzoe.com or www.joinzoe.com/dpo 

You may use the following information to contact our Data Protection Officer and our European Union-Based Member Representative:

hello@joinzoe.com or www.joinzoe.com/dpo