Foodsmart is a business name of Zipongo, Inc., and any references herein to Zipongo also refer to Foodsmart. Foodsmart is a business name of Zipongo, Inc., and any references herein to Zipongo also refer to Foodsmart. Zipongo, Inc. and its service Zipongo (“Zipongo,” “we,” or “us“) is committed to protecting your privacy. We have prepared this Enterprise Privacy Policy to describe to you our practices regarding the Personal Data (as defined below) we collect from users of our Enterprise Site. This Enterprise Privacy Policy is made part of the Zipongo Terms and Conditions (“Terms and Conditions“). Capitalized terms not defined in this Enterprise Privacy Policy will have the meanings set forth in the Terms and Conditions. The Zipongo services made available for use via zipongo.com (the “Site”), through your mobile device, including mobile apps, including but not limited to OrderWell, or through the Site (“Service“), you (“you” or the “End User“) are governed separately by the terms and conditions (the “Terms of Service“) that we, Zipongo, Inc. (“Zipongo,” “we,” or “us“) provide on the Site. By submitting Personal Data through the Enterprise Site, you agree to the terms of this Enterprise Privacy Policy and you expressly consent to the processing of your Personal Data in accordance with this Enterprise Privacy Policy. Your Personal Data may be processed in the country where it was collected and in other countries, including the United States, where laws regarding processing of Personal Data may be less stringent than the laws in your country. Note, Zipongo, Inc. 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, 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, medical history, biometrics (including fingerprints), and health information when you access the Enterprise Site and submit such information to the Enterprise Site. We collect information that you submit to the Enterprise Site in response to surveys or submissions of requests for references or resources. If you provide feedback to us 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, 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 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 cookies, Flash cookies, and navigational data like Uniform Resource Locators (URLs) on the Enterprise Site to gather information about your online activities, such as the date and time of your visit, and the information for which you searched and which you viewed. We may also use a cookie and/or Flash cookie to save your settings and to provide customizable and personalized services (such as to hold your Account information). A “cookie” is a small data file placed on your hard drive when you visit certain websites. A “Flash cookie” is a small data file placed on your hard drive when you visit certain websites that use Adobe Flash. You may disable cookies by adjusting the preferences settings of your browser. Consult the “Help” feature of your browser for specific instructions. If you choose to disable cookies or Flash cookies, some areas of our Enterprise Site may not work properly. Our partners may also use their own cookies. We do not control the use of these cookies used by partners and expressly disclaim responsibility for information collected through them. We use software tools such as Flash or JavaScript to collect page interaction information such as clicks, drags, and hover-overs, response times, errors, and length of visits to certain pages. 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 the 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 use Google Analytics, a web analytics service provided by Google, Inc. to collect certain information relating to your use of the Site. Google Analytics uses cookies to help the Site analyze how users use the site. You can find out more about how Google uses data when you visit our Site by visiting “How Google uses data when you use our partners' sites or apps”, (located at: www.google.com/policies/privacy/partners/). 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 with 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. We are not responsible for the practices employed by any websites or services linked to or from our Enterprise Site, including the information or content contained within them. Please remember that when you use a link to go from our Service to another website or service, our Enterprise Privacy Policy does not apply to those third-party websites or services. Your browsing and interaction on any third-party website or service, including those that have a link on our website, are subject to that third party’s own rules and policies. In addition, you agree that we are not responsible and do not have control over any third parties that you authorize to access your Personal Data. If you are using a third-party website or service and you allow them to access your Personal Data, you do so at your own risk.

4. Use of Your Data

4.1 Generally

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

● If we sell or otherwise transfer in part or in whole Zipongo or our assets to another organization (e.g., in the course of a transaction like a merger, acquisition, bankruptcy, dissolution, liquidation), your information such as name and email address, Personal Data and any other information collected through the Enterprise Site may be among the items sold or transferred. You will continue to own your Personal Data. The buyer or transferee will be required to honor the commitments we have made in this Enterprise Privacy Policy

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 with any companies that acquire our company or our assets. That company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Enterprise Privacy Policy.
• While we do not have a parent company, any subsidiaries, joint ventures, or other companies under common control (collectively, “Affiliates”), we may in the future. We may share some or all of your Personal Data with these Affiliates, in which case we will require our Affiliates to honor this Enterprise Privacy Policy.

• We may disclose your Personal Data if we have a good faith belief that disclosure is necessary to: (1) comply with the law or with legal process served on us; (2) protect and defend the rights or property of us or our users; (3) act in an emergency to protect someone’s safety; or (4) investigate any violation or potential violation of the law, this Enterprise Privacy Policy, or the Agreement.

• 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

We offer you choices regarding the collection, use, and sharing of your Personal Data. We may periodically send you free newsletters and emails about new services, products, or other noteworthy news, or that may contain advertisements for third parties. When you receive newsletters or promotional communications from us, you may indicate a preference to stop receiving further communications from us and you will have the opportunity to “opt-out” by following the unsubscribe instructions provided in the email you receive, by changing your Settings, or by contacting us at support@foodsmart.com . Should you opt-out of receiving future mailings, we may share your email address with third parties to ensure that you do not receive further communications from third parties. Despite your indicated email preferences, we may send you notices of any updates to our Agreement, Enterprise Privacy Policy, or other terms for the Service or Enterprise Site.

7.2 Changes to Personal Data

You may change any of your Personal Data by contacting us at support@foodsmart.com. You may request deletion of your Personal Data by us by contacting us at support@foodsmart.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 it 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.

9. Security

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.

10. Changes to this Enterprise Privacy Policy

Zipongo may modify or update this Enterprise Privacy Policy from time to time, so please review it periodically. We may provide you with additional forms of notice of modifications or updates as appropriate under the circumstances. Your continued use of the Enterprise Site after any modification to this Enterprise Privacy Policy will constitute your acceptance of such modification.

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

This Site and the services on this Site are targeted for users in the United States of America. Any information you enter on this Site may be transferred outside of the European Union to the United States of America which does not offer an equivalent level of protection to that required in the European Union. In particular, you are advised that the United States of America uses a sectoral model of privacy protection that relies on a mix of legislation, governmental regulation, and self-regulation. Article 26 of the European Union’s Data Protection Directive (Directive 95/46/EC, 1995 O.J. (L 281) 31) allows for transfer of personal data from the European Union to a third country if the individual has unambiguously given his consent to the transfer of personal information, regardless of the third country’s level of protection. By using this Site or the services, you consent to the transfer of all such information to the United States of America which may not offer an equivalent level of protection to that required in the European Union and to the processing of that information by the Zipongo on its servers located in the United States of America as described in this Privacy Policy.

12. Contacting Zipongo

We welcome your comments or questions regarding this Enterprise Privacy Policy. Please e-mail us at support@foodsmart.com or contact us at the following address: