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:
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:
We need this information in order to deliver the service to you which means that you will 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.
Where you have opted in to participate in Research you may be asked to use devices for measuring physiological data (such as blood sugar monitors). The manufacturer and/or distributor of such devices use data management systems and software to transfer data from the devices (sensor and/or reader) to Zoe. This may require us to set up an account on your behalf with these manufacturers and/or distributors to facilitate the transfer of data. Where possible we will use an anonymous code to replace your personal details (name, email, phone number, full address) when sharing information with such manufacturers and/or distributors so that your physiological data on their systems is de-identified/anonymised. These manufacturers/distributors will hold this information until your account is deleted.
We use your email address and telephone number to improve our use of Facebook advertising, see the “Facebook” section below.
This is information such as height, weight, what you eat, and pre-existing health conditions. We use this data to:
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.
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.
These are the results we receive back from the laboratories that have analyzed your Samples, or - if applicable - from devices that measure your physiological data (such as a blood sugar sensor), possibly via intermediate data management systems managed by the manufacturer/distributors of the devices, and which facilitate the transfer of the data from the devices to ZOE. An example of a Test Result is 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. Some laboratories only receive anonymised/de-identified samples, others require some personal details to conduct the tests. Device manufacturers/distributors hold anonymised/de-identified Test Result data in their data management systems which are used to transfer the data from the sensors to ZOE.
We process this data in order to:
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.
We may also include information linked to you in any URL (web link) that we share with you. We use this to enable us to present personalised information to you when you visit our website.
For example, if you fill in an initial health quiz and have the results of that quiz emailed to you. The email contains a link that allows you to create an account. That link will contain additional information that will allow us to associate the answer to the health quiz, with your account. If we do it this way, it will save you having to enter the information again.
When we make use of Facebook tools — see the Facebook section below - your browser may make a web connection to Facebook which will include information sent automatically by your browser.
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.
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.
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.
We advertise our services in a number of places. One of those is Facebook. In order to make sure that our adverts reach the most appropriate people, we use two of Facebook’s “Business Tools”: Facebook Pixel and Conversions API.
For Facebook Pixel, we include a small script on our web page, which causes your browser to send a message to Facebook whenever it is loaded. Facebook will receive:
We also include scripts in the webpage that will cause your browser to send a message to Facebook when a page is viewed and if you make a purchase. In both cases, Facebook will receive browser information (see above) and for the purchase it will know that you have made a purchase and for how much.
Conversions API works in almost the same way except that we send the information directly to Facebook, rather than the information being sent by your browser. When we send the information, we do not include information about your browser.
For the purposes of the GDPR, we and Facebook Ireland, are joint controllers of at least some of this information. Facebook makes use of some of this information for its own purposes. For further information on how Facebook Ireland processes personal data, including the legal basis Facebook Ireland relies on and the ways to exercise Data Subject rights against Facebook Ireland, can be found in Facebook Ireland's Data Policy at https://www.facebook.com/about/privacy.
Our legal agreement with Facebook governing this processing may be found at https://m.facebook.com/legal/technology_terms. Since the processing is covered by the GDPR, it incorporates a document Facebook calls the “Controller Addendum”, which may be found at https://www.facebook.com/legal/controller_addendum.
Since we are joint controllers (both Facebook and we determine the purposes and means of the processing of your data) we are required by the GDPR to agree on which of us is responsible for particular obligations under the GDPR. The Controller Addendum does that. In particular:
Facebook gives you some control over the way it targets advertising (see: https://www.facebook.com/help/568137493302217 for instructions) and there are a number of organisations that allow you to opt out of advertising more generally, for example: http://www.aboutads.info/choices and http://www.youronlinechoices.eu/.
See under section 7 below for more information about your rights. If any of the above is unclear, we would be happy to answer questions about it.
Our purpose in using your data in this way is to make sure we do not wastefully advertise to people who are unlikely to be interested in our products. Our legal basis for doing so is our legitimate interest in promoting our services.
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.
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 firstname.lastname@example.org.
Our headquarters, at ZOE Ltd, are in the United Kingdom. As a result, you are protected by the United Kingdom’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.
The “Categories of Personal Data We Collect” section above details the Personal Data that we collect from you.
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:
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.
The “How We Share Your Personal Data” section above details how we share your Personal Data with third parties.
You have certain rights with respect to your Personal Data, including those set forth below. For more information about these rights please see the UK Information Commissioner’s guide to data subject rights. To submit a request to exercise any of these rights, or to ask for more information, please email us at email@example.com or www.joinzoe.com/dpo.
Some of the rights below apply only in specific circumstances. In other situations, we may not be able to fully comply with your request, for example if it would be impossible or would involve a disproportionate effort; or if it jeopardizes the rights of others; 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.
Our Data Protection Officer is contactable at firstname.lastname@example.org.
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 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 Ltd signing “standard contractual clauses” 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, 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.
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.
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:
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.
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.
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.
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 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.
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:
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.
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 email@example.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.
You may use the following information to contact our Data Protection Officer and our European Union-Based Member Representative:
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