Consumer Health Data Privacy Policy

1st Phorm Consumer Health Data Privacy Notice

Washington: My Health My Data Act

Last Updated: June 2024

This Privacy Notice (“Notice”) is provided for residents of the State of Washington (“Washington”) in accordance with the My Health My Data Act of 2023. It applies only if you are:

  • A resident of Washington; or
  • An individual about whom information is collected in Washington.

To understand how 1st Phorm uses and discloses your data under other laws and to understand more about us and the use and disclosure of your data, please see 1st Phorm’s general Privacy Policy, available at: https://1stphorm.com/pages/privacy-center  (see “Privacy Policy”). 

This Notice sets out how we at 1st Phorm use and disclose your Consumer Health Data that we collect from or about you as a visitor to our websites or as a consumer of our products or services, or in other instances where this Notice is provided to you. When we refer to 'we’ (or 'our’ or 'us’), that means 1st Phorm International, LLC. 1st Phorm International, LLC is our legal company name but we are trading as 1st Phorm. To keep things simple, we will use our trading name '1st Phorm' throughout this Privacy Notice.

This Notice is intended for:

  • users of 1st Phorm brands, products and services;
  • visitors to 1st Phorm and 1st Phorm-owned websites;
  • users of 1st Phorm systems and applications;

We understand that privacy is important to you. We are committed to treating your Consumer Health Data with care and integrity.

Before submitting your Consumer Health Data to us, please review this Notice carefully. 1st Phorm may supplement this Notice depending on which products or services you use or where you live.

"Consumer Health Data" means personal information that is linked or is reasonably linkable to a consumer and that identifies the consumer's past, present, or future physical or mental health status. For the purposes of this definition, physical or mental health status includes, but is not limited to:

  • Individual health conditions, treatment, diseases, or diagnosis;
  • Social, psychological, behavioral, and medical interventions;
  • Health-related surgeries or procedures;
  • Use or purchase of prescribed medication;
  • Bodily functions, vital signs, symptoms, or measurements of
  • Diagnoses or diagnostic testing, treatment, or medication;
  • Gender-affirming care information;
  • Reproductive or sexual health information;
  • Biometric data;
  • Genetic data;
  • Precise location information that could reasonably indicate a consumer's attempt to acquire or receive health services or supplies;
  • Data that identifies a consumer seeking healthcare services; or
  • Any personal information that is derived or extrapolated from non-health information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning).

If your Consumer Health Data is already regulated by the Health Information Portability and Accountability Act (HIPAA) then it is not regulated by the Washington My Health My Data Act and this Notice does not apply.

In this Notice, we explain:

What Consumer Health Data do we collect and share about you?

The Consumer Health Data we collect and share may include:

  • Any personal information that is derived or extrapolated from non-health information (such as proxy, derivative, inferred, or emergent data by any means, including algorithms or machine learning).  

For example, if you search and view some specific products on our website (e.g. our prenatal vitamin) consumer health data could be inferred from that.

You can choose not to have your activity on our website tracked like this by only allowing necessary cookies when you first visit our website or by updating your cookie preferences in the Privacy Center. 

In addition to Consumer Health Data, we also collect and share your personal information in accordance with our Privacy Policy.

 

Why do we collect your Consumer Health Data and how do we use it?

Your Consumer Health Data may be used in the below activities: 

  • Perform analytics, market research and segmentation to understand your preferences, improve our products and services and our communications to you.
  • Monitor and analyze trends, usage and activities in connection with our products and services to understand which parts of our products and services are of the most interest and to improve them accordingly.
  • To gain insights and feedback on our products and services in order to correct or improve them, by analyzing information from external sources such as Google, Facebook and Twitter (and others).
  • As outlined in our Privacy Policy, we use targeted advertising tools to advertise our services, including (but not limited to):
    • Google Analytics
    • Facebook (including Instagram)
    • TikTok
    • Google Ads

We use these tools to deliver relevant content to you in marketing communications (where applicable), and to measure the effectiveness of the advertising provided.

 

How do we collect your Consumer Health Data?

Directly from you when you:

  • Use our websites, apps and systems, and consent to the use of cookies, pixels, web beacons, and other online tracking tools (for more information about how we use online tracking tools please see our general Privacy Policy);

 

Who do we share your Consumer Health Data with?

We share your Consumer Health Data on a need-to-know basis, and to the extent necessary to follow laws and regulations, and in the context of managing our relationship with you. In some instances, we may need your consent prior to sharing your Consumer Health Data.

We share your Consumer Health Data only

  • with our 1st Phorm companies and affiliates;
  • with service providers; and
  • to facilitate a business transfer.

What are your privacy rights?

As a Washington resident, you have following rights with respect to the Consumer Health Data we process about you:

  • To request information about:
    • the categories or specific pieces of Consumer Health Data we have collected about you,
    • the categories of sources from which we collected the Consumer Health Data,
    • the purposes for collecting or sharing the Consumer Health Data, and
    • the third parties with whom we have shared or sold your Consumer Health Data.
  • To request that we delete Consumer Health Data that we have collected from you.
  • To withdraw your consent for us to collect, share, or sell your Consumer Health Data.

How can you securely and reliably exercise your rights under the My Health My Data Act?

Washington residents may exercise the above rights by contacting us via email at privacy@1stphorm.com.

Where we have relied upon your permission to collect or share your Consumer Health Data, and you later withdraw that permission, we may not be able to complete some of the activities described in ‘Why do we collect your Consumer Health Data and how do we use it’. 

If you would like to withdraw your consent to collect or share your Consumer Health Data automatically collected online through cookies and other tracking technologies, you may do one of the following:

  1. Disable the use of all cookies and other tracking technologies in the Privacy Center by only allowing necessary cookies.
  2. Submit an opt-out request using a Universal Opt-Out Mechanism on your browser like Global Privacy Control (GPC). 
  3. Submit a request via email to privacy@1stphorm.com.

If you choose to exercise any of these rights, 1st Phorm will not discriminate against you in any way. If you exercise certain rights, understand that you may be unable to use or access certain features of our website or our products or services.

For your protection, and to protect the privacy of others, we may need to verify your identity before completing what you have asked us to do.

You may use an authorized agent to submit a request on your behalf. Your authorized agent must submit a request via email to privacy@1stphorm.com and indicate that they are submitting the request as an agent. We may require the agent to provide proof that you gave signed permission to submit the request and may also require to you to confirm with us that you provided the agent permission to submit the request or to verify your own identity directly with us.

We will take steps to verify your identity before completing your rights request. We may ask you to provide additional information, such as your name, home address, and email address. Depending on the nature of your request and our relationship with you, we may request different or additional information, including a signed declaration that you are who you claim to be.

You may have the right to appeal our decision if we deny your rights request. To submit an appeal, contact us via email to privacy@1stphorm.com.

 

How do we update this Notice?

From time to time, we will update this Notice. Any changes become effective when we post the revised Notice on our Privacy Center. This Notice was last updated as of the “Last Updated” date shown above. If changes are significant, we will provide a more prominent notice to let you know what the changes are and we may be required to seek your consent prior to implementing the changes to our collection, sharing, or sale.

How can you contact us?

If you want to exercise your rights, have any questions about this Notice, need more information or would like to raise a concern, please contact us via email to privacy@1stphorm.com.