WASHINGTON CONSUMER HEALTH DATA PRIVACY POLICY 

PROVIDED BY NOMAD FIT LABS, LLC, A WASHINGTON LIMITED LIABILITY COMPANY (THE “COMPANY”. “WE” OR “US”)

Effective Date: AUGUST 16, 2024

1. YOUR WASHINGTON PRIVACY RIGHTS UNDER THE MY HEALTH MY DATA ACT 

Under the Washington My Healthy My Data Act, (the “WMHMDA”) if you (“You”) are a resident of Washington, You have the following rights with respect to Your Consumer Health Data as defined in the WMHMDA .  

1.1 Disclosure of Our Consumer Health Data Collection and Processing Practices.

Consumer Health Data as defined in the WMHMDA means personal information that is linked or reasonably linkable to You and that identifies the Your past, present, or future physical or mental health status. Personal Information as defined under the WMHMDA means information that identifies or is reasonably capable of being associated or linked, directly or indirectly, with a particular consumer.  We refer in this Policy to this data as “Washington Consumer Health Data.”  By continuing to use this website or the Company Programs, you are consenting to the collection and sharing of Washington Consumer Health data as described in this Policy.

1.1.1 Categories of Washington Consumer health data collected.  We collect Washington Consumer Health Data, as such term is defined under the WMHMDA, in connection with our services and products (the “Company’s Services“) and the type of Washington Consumer Health Data we collect depends on the specific types of service or product offering that you use or receive from us and your interaction with us.  Examples of Washington Consumer Health Data that we collect may include:

  • information we collect during your body scans;

  • any health-related information that you share with us, such as intake information or any information you share with our experts, technicians, or customer support services;

  • any health-related information that you provide through your use of our web application or interactive report interfaces;

  • other information that may be used to infer or derive data related to the above or other health-related information;

  • measurements of bodily functions, vital signs, symptoms, or health characteristics, steps and other physical activity data (e.g., swimming, biking, burned calories, heart rate), activity and fitness time data, sleep data, nutrition data, mindfulness data, blood pressure, pulse and heart rate data, weight tracking data (e.g., body fat percentage, weight, height, body mass index, and other body mass information), blood glucose data, blood oxygen levels data, and body temperature data; 

  • biometric data, such as your fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait or other physical patterns and other imagery from which an identifier template can be extracted; 

  • precise geolocation information that could reasonably indicate your attempt to acquire or receive health services or supplies; 

  • information that could identify your attempt to seek health care services or information (e.g., we may collect your search queries on our websites and mobile apps, which may include queries concerning health-related topics); and 

  • other information that may be used to infer or derive data related to the above or other health information.

1.1.2 Purpose for which data is collected including how it will be used.  We may process and/or use your Washington Consumer Health Data (including with your consent where required by the Consumer Health Privacy Laws) for the following purposes:

  • To allow the Company (and, as applicable, its Affiliates as defined in the main Privacy Policy) to provide or deliver to you the Company’s Services or for any other purposes as otherwise contemplated by the Company’s Terms of Service Agreement. 

  • To manage and provide the Company Programs (as defined in the main Privacy Policy)

  • To manage, provide, maintain, and improve the Company’s business,

  • To respond to your questions, concerns, and other requests for assistance,

  • To customize your browsing experience on any of the Company Programs;

  • To customize your experience using or receiving the Company’s Services,

  • For market research and providing insights into consumer health behaviors/conditions,

  • To build and enhance consumer profiles,

  • To provide targeted offers that may be of interest to you,

  • To create anonymous, aggregated, or deidentified data.

We may also combine your Consumer Health Data with other personal information we collect directly from you or receive from other sources.

1.1.3 Categories of sources of Washington Consumer Health Data collected.  The Washington Consumer Health Data we collect depends on the context of your interactions with our Company Program(s).  Information on the categories of sources may be found in our main Privacy Policy [insert hyperlink to section] Sections 1.1, 1.2 and 1.3.

1.1.4 Categories of Consumer Health Data that is Shared.  

  • information we collect during your body scans;

  • any health-related information that you share with us, such as intake information or any information you share with our experts, technicians, or customer support services;

  • any health-related information that you provide through your use of our web application or interactive report interfaces;

  • other information that may be used to infer or derive data related to the above or other health-related information;

  • measurements of bodily functions, vital signs, symptoms, or health characteristics, steps and other physical activity data (e.g., swimming, biking, burned calories, heart rate), activity and fitness time data, sleep data, nutrition data, mindfulness data, blood pressure, pulse and heart rate data, weight tracking data (e.g., body fat percentage, weight, height, body mass index, and other body mass information), blood glucose data, blood oxygen levels data, and body temperature data; 

  • biometric data, such as your fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait or other physical patterns and other imagery from which an identifier template can be extracted; 

  • precise geolocation information that could reasonably indicate your attempt to acquire or receive health services or supplies; 

  • information that could identify your attempt to seek health care services or information (e.g., we may collect your search queries on our websites and mobile apps, which may include queries concerning health-related topics); and 

  • other information that may be used to infer or derive data related to the above or other health information.

1.1.5 Categories of Third Parties and Specific Affiliates with whom we share Washington Consumer Health Data. 

  • Payment processors, including, but not limited to Stripe

  • Portal providers, including, but not limited to Acuity, a/k/a Squarespace

  • The Company’s Affiliates, including but not limited to DexTec, LLC, a Washington Limited Liability Company

Additional information relating to how we collect and the purpose for which data not subject to the WMHMDA (also referred to as “Personal Information”) is contained in our main Privacy Policy.

1.2 Right of Access.

You have the right to confirm whether we are processing Washington Consumer Health Data concerning You and to access to Your Washington Consumer Health Data, including a list of all third parties and affiliates with whom we have shared or sold your Washington Consumer Health Data and an active email address or other online mechanism to contact these third parties.

1.3 Right to Withdraw Consent.

You have the right to withdraw consent from our collection and sharing of Washington Consumer Health Data concerning You.  

1.4 Right to Deletion

You have the right to have Washington Consumer Health Data deleted from our network, including archived or backup systems, provided that there might be a delay to enable restoration of the archived backup system for no longer than six months from the authentication of the deletion request.  Upon the receipt and confirmation of an authenticated request to delete under this section, we have a duty to notify all affiliates, processors, contractors, and other third parties with whom we shared Washington Consumer Health Data of the deletion request and all affiliates, processors, contractors, and other third parties must honor your request to delete.

1.5 Right to Appeal.

If your request to exercise a right under WMHMDA is denied, you may appeal that decision by contacting us according to the instructions in Section 2 below. 

1.7 Your Washington Consumer Health Data May Not Be Sold without Your Valid Authorization

We do not sell or offer to sell your Washington Consumer Health Data without first obtaining a valid authorization from You.  This authorization is separate and distinct from the consent obtained to collect or share Washington Consumer Health Data.

2. HOW TO EXERCISE YOUR WMHMDA RIGHTS

Unless otherwise specified, to exercise any of Your rights described in this Appendix, please submit Your request to Us at privacypolicy@nomadfitlab.com with the subject “Washington Consumer Health Data Request.” We shall respond to Your request within forty-five (45) days of receipt. The response period may be extended once by forty-five (45) additional days when reasonably necessary, taking into account the complexity and number of requests and We inform You of such extension within the initial forty-five (45) day response period, together with the reason for the extension.

If We decline to take action on Your request, We shall so inform You without undue delay, within forty-five (45) days of receipt of Your request. The notification will include a justification for declining to take action and instructions on how You may appeal. 

We shall provide information in response to Your request free of charge, up to twice annually, unless requests are manifestly unfounded, excessive or repetitive. If We are unable to authenticate Your request using commercially reasonable efforts, We may request additional information reasonably necessary to authenticate You and Your request. If We cannot authenticate You and Your request, We will not be able to grant Your request.

After You have received a notice that We have declined to take action on Your request, You may appeal by sending Your appeal to privacypolicy@nomadfitlab.com with the subject “WMHMDA Appeal.” We shall respond to You within forty-five (45) days of receipt of the appeal in writing of any action taken or not taken in response to the appeal, including a written explanation of the reasons for the decision. If We deny Your appeal, You may file a complaint with the Washington Attorney General at https://www.atg.wa.gov/protecting-washingtonians-personal-health-data-and-privacy.