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Bariatric Advantage Privacy Policy

Last Updated: July 29, 2024

This Privacy Policy (this Privacy Policy or Policy) describes the types of personal information Bariatric Advantage (“BA” or “We”) may collect from or about you or that you may provide when you visit the BA website located at https://www.bariatricadvantage.com/ (the “Website”), or use any related services where we provide a link to this Policy (together with the Website, our Services). This Policy describes our practices for collecting, using, maintaining, protecting, and disclosing that personal information. The information contained in this Privacy Policy is subject to any further information contained in any relevant supplementary privacy notice, including the California Privacy Notice, Colorado Privacy Notice and the Mexico Privacy Notice supplements below.

This Privacy Policy applies to information we collect about you:

• Through the Services; and
• Through your email, text, and other electronic communications with us.

This Privacy Policy does not apply to:

• Information collected by any third party, including through any application or content that may link to or be accessible from or through the Services; and
• Job applicants, employees, contractors, owners, directors, or officers where the personal information we collect about those individuals relates to their current, former, or potential role with us. For job applicants in California, please see our California Applicant Privacy Notice available where you apply for employment with us.

Please read this policy carefully to understand our policies and practices regarding your personal information and how we will treat it.

1. Children

The Services are not intended to be used by people under 18 years of age. If you are under 18, do not use or access the Services. If we learn we have collected or received personal information from a person under 18 through such individual’s use of the Services, we will delete that information. If you believe we might have any information from or about a person under 18 that was collected thorough such individual’s use of the Services, please contact us at [email protected].

2. Personal Information We Collect and How We Collect It

The personal information we collect depends on how you interact with us, the Services you use, and the choices you make. We may collect certain types of personal information about you from different sources and in various ways when you use our Services, including information you provide directly, information collected automatically, information from third-party data sources, and data we infer or generate from other data.

a. Information you provide directly. We collect personal information you provide to us. For example:

• Name and contact information: Name, username or alias, and contact details such as email address, your postal or billing address, and telephone number.
• Demographic data: In some cases, such as when you register or participate in surveys or engage customer support, we request that you provide age, gender, and similar demographic details.
• Commercial and financial information: If you make a purchase or other financial transaction, we collect information about the products or Services purchased or obtained, as well as credit card numbers, financial account information, and other payment details.
• Content: If you send us email messages, call customer support, or otherwise communicate with us, we collect and/or record those communications.

• Professional information: If you are a practitioner who registers with us, we collect your practitioner category, license or certification information, years in business and whether you have ever filed for bankruptcy.
• Sensitive Personal Information: In some cases, we collect sensitive personal information you provide including:

• Government identification numbers: As part of the practitioner account registration process, we collect Social Security Numbers and Employer Identification Numbers. 
• Account access information: We collect information such as a username or account number in combination with a password, security or access code, or other credential that allows access to an account.
• Health data:As part of some of our product or Service offerings, in our surveys, or when you engage customer support, we collect and analyze information concerning your health.

b. Information we collect automatically. When you use our Services, we collect some information automatically (see Cookies, Mobile IDs, and Similar Technologies). For example:

• Identifiers and device information: When you visit our Website, our web servers automatically log your Internet Protocol (IP) address and information about your device, including device identifiers (such as MAC address); device type; and your device’s operating system, browser, and other software including type, version, language, settings, and configuration. As further describedbelow, our Services and retrieve cookie identifiers, mobile IDs, and other data.
• Geolocation: We infer your general geographic location (such as city, state, and country) based on your IP address.
• Usage data: We automatically log your activity on our Website, apps and connected products, including the URL of the website from which you came to our sites, pages you viewed, how long you spent on a page, access times, and other details about your use of and actions on our website.

c. Information we create or generate. We infer new information from other data we collect, including using automated means to generate information about your likely preferences or other characteristics (“inferences”). For example, we infer your interests in our products or services based on your browsing activities.

d. Information we obtain from third-party sources. We also obtain the types of information described above from third parties. These third-party sources include, for example:

• Third-party partners: Third-party applications and services, including social networks you choose to connect with or interact with through our Services.
• Co-branding/marketing partners: Partners with which we offer co-branded services or engage in joint marketing activities.
• Service providers: Third parties that collect or provide data in connection with work they do on our behalf, for example companies that determine your device’s location based on its IP address.

We have collected the same categories of personal information described above in the twelve months prior to the date of this Privacy Policy.

When you are asked to provide personal information in connection with your use of the Services, you may decline. You may use web browser or operating system controls to prevent certain types of automatic data collection, but if you choose not to provide or allow information that is necessary for certain Services or features, those Services or features may not be available or fully functional.

Please note that we do not engage in the automated processing of personal information to create profiles about individuals used in furtherance of decisions with legal or other similarly significant effects, such as the provision or denial of financial or lending services, housing, insurance, or access to essential goods or services.

3. Our Use of Personal Information

We use the personal information we collect for the purposes described in this Privacy Policy or as otherwise disclosed to you. For example, we use personal information for the following purposes:

We may combine information we collect from different sources for these purposes and to provide a more seamless, consistent, and personalized experience.

4. Our Disclosure of Personal Information

If you provide us with the name of your healthcare practitioner, or your healthcare practitioner’s code, we will share your history of purchase transactions as well as your use of your healthcare practitioner’s coupons or other offers. Your healthcare practitioner’s use of the information we share is subject to their privacy policies and other policies, not this policy.

Third party analytics and advertising companies, some of which may be acting on our behalf as our service providers, also collect personal information through our website and apps including identifiers and device information (such as cookie IDs, device IDs, and IP address), geolocation data, usage data, and inferences based on and associated with that data, as described in the “Cookies” section of this Policy. These third-party vendors may combine this data across multiple sites to improve analytics for their own purpose and others. For example, we use Google Analytics on our website to help us understand how users interact with our website; you can learn how Google collects and uses information atwww.google.com/policies/privacy/partners

Third-party analytics and advertising providers we use on our Website include, for example:

Some of the data disclosures to these third parties may be considered a “sale” or “sharing” of personal information as defined under the laws of California and other U.S. states. Please see the “Choice and Control” and “California Privacy Rights” sections below for more details.

Please note that some of our Services also include integrations, references, or links to services provided by third parties whose privacy practices differ from ours. If you provide personal information to any of those third parties, or allow us to share personal information with them, that information is governed by their privacy statements.

We disclose personal information with your consent or as we determine necessary to complete your transactions or provide the Services you have requested or authorized. In addition, we disclose personal information to different types of third parties as described below. We disclose the information we collect to the following categories of third parties for operational business purposes:

• Affiliates and subsidiaries
• third party service providers and contractors, and

• trusted business partners that support our provision of Services.

We disclose the categories of personal information to the categories of third parties identified above for the following purposes: to manage customer, supplier and vendor accounts and relationships; process payments; verify customers’ identities; fulfill orders and transactions; engage in advertising and marketing; operate our IT systems and secure our systems; prevent fraud and other illegal activities; and to obtain professional advice about legal and accounting matters.

We may also disclose your personal information as required or permitted by law to comply with a subpoena or similar legal process or government request, or when we believe in good faith that disclosure is legally required or otherwise necessary to protect our rights and property or the rights, property, or safety of others, including to law enforcement agencies, and judicial and regulatory authorities. We may also disclose your personal information to third parties to help detect and protect against fraud or data security vulnerabilities. We may also disclose or transfer your personal information to a third party in the event of an actual or potential sale, merger, reorganization of our entity or other restructuring. 

We may disclose aggregated information about our users, and de-identified information in accordance with applicable law. 

5. Retention of Personal Information

We retain personal information for as long as necessary to provide the Services and fulfill the transactions you have requested, comply with our legal obligations, resolve disputes, enforce our agreements, and for other legitimate and lawful business purposes. Because these needs can vary for different data types in the context of different Services, actual retention periods can vary significantly based on criteria such as user expectations or consent, the sensitivity of the data, and our legal or contractual obligations. For example, this may result in retention of certain data:

• For as long as you have an account with us or keep using our Services, and the length of time thereafter during which we may have a legitimate need to reference your personal information to address issues that may arise;
• Subject to a legal obligation to which we are bound, for example, certain laws require us to keep records of your transactions for a certain period of time before we can delete them; or
• As is advisable in light of our legal position, such as in regard to applicable statutes of limitations, litigation or regulatory investigations.

6. Cookies, Mobile IDs, and Similar Technologies

We use cookies, web beacons, mobile analytics and advertising IDs, and similar technologies to operate our Website and online Services and to help collect data, including usage data, identifiers, and device information.

• Cookies (or browser cookies). A cookie is a small text file placed by a website and stored by your browser on your device. A cookie can later be read when your browser connects to a web server in the same domain that placed the cookie. The text in a cookie contains a string of numbers and letters that may uniquely identify your device and can contain other information as well. This allows the web server to recognize your browser over time, each time it connects to that web server.
• Web Beacons. Web beacons are electronic images (also referred to as clear gifs, pixel tags, and single-pixel gifs) that are contained within a website or email. When your browser opens a webpage or email that contains a web beacon, it automatically connects to the web server that hosts the image (typically operated by a third party). This allows that web server to log information about your device and to set and read its own cookies. In the same way, third-party content on our Website (such as embedded videos, plug-ins, or ads) results in your browser connecting to the third-party web server that hosts that content. We also include web beacons in our email messages or newsletters to tell us if you open and act on them.
• Mobile Analytics and Advertising IDs. Mobile analytics and advertising IDs are generated by operating systems for mobile devices (iOS and Android) and can be accessed and used by apps in much the same way that websites access and use cookies. Our Services contain software that enables us and our third-party analytics and advertising partners to access these mobile IDs.

We, and our analytics and advertising partners, use these technologies in our Website, apps, and online Services to collect personal information (such as the pages you visit, the links you click on, and similar usage information, identifiers, and device information) when you use our Services, including personal information about your online activities over time and across different websites or online services. This information is used to store your preferences and settings, enable you to sign-in, analyze how our Website and apps perform, track your interaction with the site or app, develop inferences, deliver, and tailor interest-based advertising, combat fraud, and fulfill other legitimate purposes. We and/or our partners also share the information we collect or infer with third parties for these purposes. For more information about the third-party analytics and advertising partners that collect personal information on our Services, please see the “Our Disclosure of Personal Information” section of this Policy.

7. Choice and Control of Personal Information

We provide a variety of ways for you to control the personal information we hold about you, including choices about how we use that information. In some jurisdictions, these controls and choices may be enforceable as rights under applicable law.

1. Access, portability, correction, and deletion. If you wish to access, copy, correct, or delete personal information about you that we hold, please contact us using the methods described in the “Contact Us” section of this Policy or as described in the “California Privacy Rights”, “Colorado Privacy Rights”, or “Mexico Privacy Rights” sections, if applicable.
2. Communications preferences. You can choose whether to receive promotional communications from us by email, SMS, and telephone. If you receive promotional email or SMS messages from us and would like to stop, you can do so by following the directions in that message or by contacting us as described in the “Contact Us” section below. If you receive a sales call from us, you can ask to be placed on our do-not-call list. These choices do not apply to certain informational communications including surveys and mandatory Service communications.
3. Targeted advertising. To opt-out from or otherwise control targeted advertising, you have options.  You can use the Global Privacy Control setting in a web browser or browser extension as described below. You can also use the opt-out controls offered by the organizations our advertising partners may participate in, which you can access at:
• United States: NAI (http://optout.networkadvertising.org) and DAA (http://optout.aboutads.info/)
• Canada: Digital Advertising Alliance of Canada (https://youradchoices.ca/)
• Europe: European Digital Advertising Alliance (http://www.youronlinechoices.com/)
4. Data sales. Some privacy laws define “sale” broadly to include some of the disclosures described in the “Our Disclosure of Personal Information” section above. If you do not want us to share your personal information with unaffiliated or non-agent third, you can opt-out from such data “sales” by contacting us using the methods described in the “Contact Us” section of this Policy or as described in the “California Privacy Rights”, “Colorado Privacy Rights”, or “Mexico Privacy Rights” sections, if applicable.
5. Browser or platform controls. You can also use the other cookie or mobile ID controls described below. These choices are specific to the device or browser you are using. If you access our Services from other devices or browsers, take these actions from those systems to ensure your choices apply to the data collected when you use those systems.
• Cookie controls.Most web browsers are set to accept cookies by default. If you prefer, you can go to your browser settings to learn how to delete or reject cookies. If you choose to delete or reject cookies, this could affect certain features of our Website or other Services. If you choose to delete cookies, settings and preferences controlled by those cookies, including advertising preferences, may be deleted and may need to be recreated.
• Global Privacy Control. Some browsers and browser extensions support the “Global Privacy Control” (GPC) or similar controls that can send a signal to the websites you visit indicating your choice to opt-out from certain types of data processing, including data sales and/or targeted advertising, as specified by applicable law. When we detect such a signal, we will make reasonable efforts to respect your choices indicated by a GPC setting or similar control that is recognized by regulation or otherwise widely acknowledged as a valid opt-out preference signal. Please note the GPC does not work to opt you out for personal information that is associated solely with non-device identifier data such as your name or email address. If you would like more information about opt-out preference signals, including how to use them, the GPC website has additional information (https://globalprivacycontrol.org/).
• Do Not Track. Some browsers include a “Do Not Track” (DNT) setting that can send a signal to the websites you visit indicating you do not wish to be tracked. Unlike the GPC described above, there is not a common understanding of how to interpret the DNT signal; therefore, we do not respond to browser DNT signals. Instead, you can use the range of other tools to control data collection and use, including the GPC, cookie controls, and advertising controls described above.
• Mobile advertising ID controls. iOS and Android operating systems provide options to limit tracking and/or reset the advertising IDs.
• Email web beacons. Most email clients have settings that allow you to prevent the automatic downloading of images, including web beacons, which prevents the automatic connection to the web servers that host those images.
6. Other Methods of Choice and Control. Except for the automated controls described above, if you send us a request to exercise these choices (including where they are enforceable as rights), to the extent permitted by applicable law, we may charge a fee or decline requests in certain cases. For example, we may decline requests where granting the request would be prohibited by law, could adversely affect the privacy or other rights of another person, would reveal a trade secret or other confidential information, or would interfere with a legal or business obligation that requires retention or use of the data. Further, we may decline a request where we are unable to authenticate you as the person to whom the data relates, the request is unreasonable or excessive, or where otherwise permitted by applicable law. In some jurisdictions, you may have a right to appeal our denial of a request, as described in the “California Privacy Rights”, “Colorado Privacy Rights”, or “Mexico Privacy Rights” sections. If you have questions about making an appeal, please contact us via the methods in the “Contact Us” section.

8. Data Security

We take reasonable and appropriate steps intended to help protect personal information from unauthorized access, use, alteration, disclosure, and destruction. To help us protect personal information, we ask you to use a strong password and never share your password with anyone or use the same password with other sites or accounts.

9. Location of Personal Information

The personal information we collect may be stored and processed in your country or region, or in any other country where we or our affiliates, subsidiaries, or service providers process data. Currently, we primarily use data centers in the United States. The storage location(s) are chosen to operate efficiently and improve performance. We process and protect personal information, and require that our affiliates, subsidiaries and service providers process and protect personal information, in compliance with this Privacy Policy wherever the data is located.

10. Changes to this Privacy Policy

We reserve the right to amend this Privacy Policy at our discretion when necessary to reflect changes in our Services, how we use personal information, or the applicable law. When we post changes to this Privacy Policy, we will revise the “Last Updated” date at the top of the Policy. If we make material changes to the statement, we will provide notice or obtain consent regarding such changes as may be required by law.

11. Accessibility of this Privacy Policy

We are committed to ensuring that our communications are accessible to people with disabilities. To make accessibility-related requests or report barriers, please contact us at +1 800-692-9400.

12. Contact Us

If you have any questions or comments about this Privacy Policy or wish to exercise any rights, submit requests, or appeal any of our decisions in connection with this Privacy Policy, please do not hesitate to contact us at:

Phone: +1 800-692-9400
Website: bariatricadvantage.com
Email: [email protected]

Postal Address:
Metagenics LLC.
Attn: Privacy Office
25 Enterprise, Suite 200, Aliso Viejo, CA, U.S.A., 92656

If you need to access this Policy in an alternative format due to having a disability, please contact us at [email protected] or +1 800-692-9400.

13. California Privacy Notice

This notice supplements the Privacy Policy set forth above with respect to specific rights granted under the California Consumer Privacy Act of 2018 as amended by the California Privacy Rights Act of 2020 (collectively the “CCPA”) to natural person California residents and provides information regarding how such California residents can exercise their rights under the CCPA. This supplement is only relevant to you if you are a resident of California as determined in accordance with the CCPA.

1. Categories of Personal Information We Collect

We have collected some or all of the following categories of personal information from individuals within the last twelve (12) months:

Category	Examples	Collected
A. Identifiers	Name, contact details and address (including physical address, email address and Internet Protocol address), and other identification (including social security number, passport number and drivers’ license or state identification card number).	YES
B. Additional data subject to Cal. Civ. Code § 1798.80(e)	Signature, social security number, physical characteristics or description, telephone number, passport number, driver’s license or state identification card number, insurance policy number, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.	YES as to social security number and financial information if you are a healthcare practitioner registering for an account with us and YES as to credit card number if you make a purchase with us.
C. Protected classification characteristics under California or federal law	Date of birth, citizenship and birthplace.	NO
D. Commercial Information	Account data and other information contained in any document provided by investors to authorized service providers (whether directly or indirectly), risk tolerance, transaction history, investment experience and investment activity, information regarding a potential and/or actual investment in the applicable fund(s), including ownership percentage, capital investment, income and losses, source of funds used to make the investment in the applicable fund(s).	NO
E. Biometric information	Imagery of the iris, retina, fingerprint, face, hand, palm, vein patterns, and voice recordings or keystroke patterns or rhythms, gait patterns or rhythms, and sleep, health, or exercise data that contain identifying information.	NO
F. Internet or other similar network activity	Use of our website and online services (e.g., cookies, browsing history and/or search history), as well as information you provide to us when you correspond with us in relation to inquiries.	YES
G. Geolocation data	Physical location or movements.	YES
H. Sensory data	Audio, electronic, visual, thermal, olfactory, or similar information.	NO
I. Professional or employment-related information	Current or past job history or performance evaluations.	NO
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))	Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.	NO
K. Inferences drawn from other personal information	Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.	YES
L. Sensitive Personal Information[1]	Social security, driver’s license, state identification card, or passport numbers; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation; racial or ethnic origin; religious or philosophical beliefs; union membership; genetic data; the contents of a consumer’s mail, email, and text messages unless you are the intended recipient of the communication; biometric information for the purpose of uniquely identifying a consumer; and personal information collected and analyzed concerning a consumer’s health, sex life, or sexual orientation.	YES as to the following types of information: social security number (but only if you are a healthcare practitioner registering for an account), account log-in in combination with a password, security or access code, or other credential that allows access to an account, and personal information collected and analyzed concerning a consumer’s health only.

2. Purposes and Sources

We collect personal information for the business or commercial purposes and from the sources set forth in “Our Use of Personal Information” and “Personal Information We Collect and How We Collect It” respectively, in the Privacy Policy above. We retain the categories of personal information set forth above in the Categories of Personal Information We Collect section of this California Privacy Notice only as long as is reasonably necessary for those business or commercial purposes set forth in “Our Use of Personal Information” in the Privacy Policy above, except as may be required under applicable law, court order or government regulations.

3. Disclosures

Within the last twelve (12) months, we have disclosed personal information collected in connection with this Website for a business purpose to the categories of third parties indicated in the chart below. We may also disclose your information to other parties as may be required by law or regulation, or in response to regulatory inquiries.

Personal Information Category	Category of Third-Party Recipients
A. Identifiers	Affiliates and subsidiaries, third party service providers and contractors, and trusted business partners that support our provision of services
B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e))	Affiliates and subsidiaries, third party service providers and contractors, and trusted business partners that support our provision of services
C. Protected classification characteristics under California or federal law	Affiliates and subsidiaries, third party service providers and contractors, and trusted business partners that support our provision of services
D. Commercial information	[N/A]
E. Biometric information	[N/A]
F. Internet or other similar network activity	Affiliates and subsidiaries, third party service providers and contractors, and trusted business partners that support our provision of services
G. Geolocation data	Affiliates and subsidiaries, third party service providers and contractors, and trusted business partners that support our provision of services
H. Sensory data	N/A
I. Professional or employment-related information	N/A
J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99))	N/A
K. Inferences drawn from other personal information	Affiliates and subsidiaries, third party service providers and contractors, and trusted business partners that support our provision of services
L. Sensitive Personal Information	Affiliates and subsidiaries, third party service providers and contractors, and trusted business partners that support our provision of services

4. Rights Under the CCPA and other California Laws

The CCPA and other California laws provide certain rights with respect to the processing of your personal information, which are described below. 

1. Notice at Collection

At or before the time of collection, you have a right to receive notice of our practices, including the categories of personal information and sensitive personal information to be collected, the purposes for which such information is collected or used, whether such information is sold or shared, and how long such information is retained. You can find those details in this California Privacy Notice and in the Sections “Personal Information We Collect,” “Our Use of Personal Information”, “Our Disclosure of Personal Information”, and “Retention of Personal Information” in the Privacy Policy above.

2. Disclosure and Access Rights

You have the right to ask us for the following information regarding our collection, use, disclosure and sale of personal information specific to you. Such information includes:

• Specific pieces of personal information we have collected about you;
• Categories of personal information we have collected about you;
• Categories of sources from which such personal information was collected;
• Whether we sold or disclosed your personal information to a third party, and if so, the categories of personal information each recipient obtained;
• Categories of third parties to whom we sold or disclosed personal information for a business purpose; and
• The business or commercial purpose for collecting or selling personal information.
3. Right to Deletion of Personal Information

You have the right to request that we delete any of your personal information that we retain, subject to certain exceptions including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons. 

4. Right to Correction of Personal Information

You have the right to request that we correct any inaccuracies in the personal information that we retain, subject to certain statutory exceptions, including, but not limited to, our compliance with U.S., state, local and non-U.S. laws, rules and regulations. We will notify you in writing if we cannot comply with a specific request and provide an explanation of the reasons.

5. Right to Opt-Out of Selling or Sharing Personal Information About You

You have a right to opt-out from future “sales” or “sharing” of personal information as those terms are defined by the CCPA. Note that the CCPA defines “sell,” “share,” and “personal information” very broadly, and some of our disclosure of personal information described in this Policy may be considered a “sale” or “sharing” under those definitions. In particular, we let advertising and analytics providers collect identifiers (such as cookie IDs), email addresses, activity data (such as browsing or purchasing), device data, and geolocation data through our sites when you use our online services, but we do not “sell” or “share” any other types of personal information.

If you do not wish for us or our partners to “sell” or “share” personal information relating to your visits to our sites for advertising purposes, you have the right to opt-out of such “sales” and “sharing.” If you opt-out, we will not share or make available such personal information in ways that are considered a “sale” or “sharing” under the CCPA.  However, we will continue to make available to our service providers some personal information to help us perform services that you request and/or on behalf of our business in accordance with this California Privacy Notice, the Privacy Policy and applicable law. Further, the opt-out applies to future “sales” and “sharing”, so it will not opt you out of the use of previously “sold” or “shared” personal information or stop all interest-based advertising.

6. Right to Limit Use and Disclosure of Sensitive Personal Information

You have the right to limit our use of sensitive personal information for any purposes other than to provide the services or goods you request or as otherwise permitted by law.

7. Rights Under California’s “Shine the Light” Law

California Civil Code Section 1798.83, also known as the “Shine the Light” law, permits California residents who have provided personal information to a business with which the individual has established a business relationship for personal, family, or household purposes to annually request, free of charge, information about the personal information (if any) disclosed to third parties for their direct marketing purposes in the preceding calendar year.  To make such a request, please contact us at +1 800-692-9400. Please note that businesses are required to respond to one request per resident per year and may not be required to respond to requests made by means other than through the designated phone number.

5. How to Exercise Your CCPA Rights

To exercise your CCPA rights, contact us at +1 800-692-9400 or by clicking here. For such requests, we will first acknowledge receipt of your request within 10 business days of receipt of your request.  We will then provide a substantive response to your request as soon as we can, generally within 45 days from when we receive your request, although we may be allowed to take longer to process your request under certain circumstances.  If we expect your request is going to take us longer than normal to fulfill, we will let you know.

To request that we limit our use of sensitive information, or to opt out of the sale or sharing of your personal information, click either “Your Privacy Choices” in the footer of our Website, or the green cookie icon in the bottom left of the website (whichever may be available).

In some cases, the law may allow us to refuse to act on certain requests.  If this is the case, we will endeavor to provide you with an explanation as to why.

6. Additional Information About California Privacy Rights

You may designate an agent to submit requests on your behalf under the CCPA. The agent can be a natural person or a business entity. If you would like to designate an agent to act on your behalf, and you designate the agent in writing, you and the agent will need to comply with our verification process:  

• Requests to Know, Delete or Correct Personal Information: If the agent submits a request, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the request on your behalf. We will also require that you verify your identity directly with us or confirm with us that you provided the agent with permission to submit the request.
• Requests to Opt-Out or Limit: If the agent submits a request to opt-out of the sale or sharing of personal information or limit use of sensitive personal information, the agent will need to provide us with your signed permission indicating the agent has been authorized to submit the opt-out or limit request on your behalf.

If you designate an agent through a power of attorney, requests through an agent will be processed in accordance with California law pertaining to powers of attorney. Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to the degree of certainty required by law. We will verify your request by asking you for two pieces of personal information and attempting to match those to information we maintain about you.

7. No Discrimination

We will not discriminate against you for exercising your rights under the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you. Finally, we will not discriminate against you for exercising your rights set out in the CCPA, including by denying service, suggesting that you will receive, or charging, different rates for services or suggesting that you will receive, or providing, a different level or quality of service to you.

14. Colorado Privacy Notice

1. Colorado Privacy Rights

If you are a Colorado resident and the processing of personal information about you is subject to the Colorado Privacy Act (“CPA”), you have certain rights with respect to that personal information.

• Right to Know: The right to confirm whether or not we are processing your personal information and to access such data;
• Right to a Copy: The right to a portable copy of the personal information we have collected from you;
• Right to Delete: The right to request deletion of personal information about you, subject to certain exceptions;
• Right to Correct: The right to request correction of inaccurate personal information about you, taking into account the nature of personal information and purposes of processing such information;
• Right to Opt-Out of Targeted Advertising: The right to request we stop future processing of personal information about you for such purposes; and
• Right to Opt-Out of the Sale of Personal Information: The right to request we stop future processing of personal information about you for such purposes.;
2. How to Exercise Your CPA Rights

To exercise your CPA rights, contact us at +1 800-692-9400 or by clicking here. We will respond to such requests within 45 days from when we receive your request, although we may be allowed to take longer to process your request under certain circumstances.  If we expect your request is going to take us longer than normal to fulfill, we will let you know.

You can opt out of the sale of your personal information or the use of your personal information for targeted advertising by clicking either “Your Privacy Choices” in the footer of our Website, or the green cookie icon in the bottom left of the website (whichever may be available).

In some cases, the law may allow us to refuse to act on certain requests.  When this is the case, we will endeavor to provide you with an explanation as to why.

3. Appealing Our Decisions Made in Response to Your Requests

In some cases, we may not act on your requests (for example, if another law applies that prevents us from deleting a piece of personal information). When this is the case, we will explain our reasons for not providing you with the information or taking the action you requested.

Additionally, you have the right to appeal our decision by contacting us at +1 800-692-9400 or clicking here within 30 days after your receipt of our decision. As part of your appeal, we request you provide us with information that we need (e.g., reference number) to identify denial of request. We will respond to your appeal within 45 days of our receipt of the request, unless we need additional time to do so (up to 60 additional days), in which case we will notify you.

4. Additional Information About Colorado Privacy Rights

You may designate an agent to submit opt-out requests on your behalf under the CPA.

If you use an agent to submit such requests on your behalf, we will need to verify your identity and the agent will need to provide us with your signed permission indicating they have been authorized to submit the request on your behalf.

Further, to provide, correct, or delete specific pieces of personal information we will need to verify your identity to a reasonable degree of certainty. We will verify your request by asking you for two pieces of personal information and attempting to match those to information we maintain about you.

Finally, you have a right to not be discriminated against for exercising these rights set out in the CPA.

15. Mexico Privacy Rights

If you are a Mexico resident and the processing of personal information about you is subject to Mexican data protection law, you have certain rights with respect to that information.

You have the right to access, delete, and correct personal information about you. You also have the right to object to the processing of personal information about you. Under Mexican data protection law, we may process personal information about you after this Privacy Policy has been made available to you (unless you exercise your right to object to such processing). To exercise one or more of these rights, please send a detailed description of the rights you wish to exercise to the contact information listed above.

 

Bariatric Advantage Copyright Policy & Disclaimer

Thank you for visiting Metagenics' Web site. The content, arrangement and layout of this site, including, but not limited to, the trademarks and text, are proprietary to Metagenics, and should not be copied, imitated, reproduced, displayed, distributed, or transmitted without the express permission of Metagenics. Any unauthorized use of the content, arrangement or layout of the site, or the trademarks found in the site may violate civil or criminal laws, including, but not limited to, copyright and trademark laws.

The information provided in this web site may not be construed as medical advice. It is merely for educational purposes and its accuracy is not guaranteed. Please consult with your physician or other medical care provider regarding any healthcare questions you may have.

INFORMATION ON THIS WEB SITE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

Bariatric Advantage Customer Information

Information for Patients

Bariatric Advantage has been exclusively designed for use by the bariatric patient both pre and post surgery. The products were professionally formulated with input by experienced Bariatric Surgeons and well respected nutritional experts.

Did you know that nutritional deficiencies of vitamin C, vitamin E, carotenoids, retinal, thiamin, riboflavin, folate, pyrodoxine, serum antioxidants, vitamin B complex, Zinc, and other key nutritional markers exist in patients affected by obesity prior to surgery?

Were you also aware that some of these deficiencies may have been induced by drugs like Antihypertensives, Antidiabetic Agents, Anti-inflammatories, and Bile Acid Sequestrants?

Information for Physicians

Bariatric Advantage is enjoying a successful implementation of our advanced nutritional supplement line in Surgical Practices and Support Groups around the country. This line has been professionally formulated with key research and development offered from practicing Bariatric Surgeons, well known and respected Naturopathic Doctors, and Support Group Directors.

To better understand our product offering and programming, please contact us directly at: (800) 898-6888.

Sales Tax – Customer is responsible for all sales, use, transaction privilege taxes, gross receipts, excise or similar transaction taxes (“Sales Taxes”) related to any products or other items purchased. Bariatric Advantage will typically collect Sales Tax at the time of sale and will either (1) remit Sales Taxes to the taxing authority directly or (2) remit the Sales Taxes to the Practitioners who will then remit Sales Taxes to the states. However, Customer agrees that Bariatric Advantage retains the right to subsequent payment from Customer of Sales Taxes, including if a taxing authority asserts that Sales Tax is due with respect to a product for which no Sales Tax was originally collected or Sales Tax was undercollected by Bariatric Advantage. Customer agrees that it will not assert or participate in any class action against Bariatric Advantage related to Sales Taxes.

 

Bariatric Advantage Authorized Reseller Policy

Effective Date: March 1, 2023

This Bariatric Advantage Authorized Reseller Policy for the United States (this “Reseller Policy”) is issued by Bariatric Advantage (“Bariatric Advantage”) and applies to Authorized Resellers of Bariatric Advantage products (each, a “Product” and, together, the “Products”) in the United States of America. By purchasing the Products for retail sale from Bariatric Advantage, or from an Authorized Distributor appointed by Bariatric Advantage, you (“Reseller” or “you”) agree to adhere to the terms of this Reseller Policy. Until your status as an Authorized Reseller is otherwise revoked by Bariatric Advantage, in Bariatric Advantage’s sole and absolute discretion, you shall be considered an “Authorized Reseller.” Bariatric Advantage may review your activities for compliance with this Reseller Policy, and you agree to cooperate with any such investigation, including, but not limited to, permitting inspection of your facilities and records related to the sale of the Products.

1. Authorized Customers.  Reseller is authorized to sell the Products only to End Users.  An “End User” is a purchaser of the Products who is the ultimate consumer of the Products and who does not intend to resell the Products to any third party.  Reseller shall not sell or transfer Products to any person or entity Reseller knows, or has reason to know, intends to resell the Products.  Reseller shall not sell or transfer a quantity of the Products to any individual greater than that typically purchased for personal use.  Reseller shall not sell, ship, or promote the Products outside the United States of America without Bariatric Advantage’s prior written consent in each instance.
2. Online Sales.
3. Reseller shall not offer for sale, or sell, the Products on or through any website, online marketplace (including, but not limited to, Amazon, eBay, Walmart Marketplace), mobile application, or other online forum without the prior written consent of Bariatric Advantage, to be granted by Bariatric Advantage only through execution by both parties of a Bariatric Advantage, Authorized Online Seller Agreement.  The terms of this Reseller Policy supersede any prior agreement between Bariatric Advantage and Reseller regarding the sale of the Products on or through websites, online marketplaces, mobile applications, and other online forums.  Any authorization previously granted to Reseller by Bariatric Advantage to sell the Products on or through a website, online marketplace, mobile application, or other online forum is revoked.
4. A Reseller (i) who is a healthcare professional with a license/certification (if required by law) or (ii) that is a business entity that has a healthcare professional as an owner, member, operator, manager, director, or other similar authority involved in the sales of the Products, is authorized to sell the Products on an eCommerce Store that is operated on behalf of such Reseller by an Authorized Distributor appointed by Bariatric Advantage.  An “eCommerce Store” is a website, micro-site, or mobile application that (x) is operated by such Authorized Distributor in its legal name or registered fictitious name, (y) is primarily used to facilitate orders of the Products from End Users on behalf of healthcare professional resellers, and (z) requires the prospective End User to create an account and log-in to purchase the Products.
5. A Reseller who purchases directly from Bariatric Advantage and who has agreed to adhere to a Bariatric Advantage Online Webpage Agreement (the “Webpage Agreement”) is permitted to sell the Products through such Reseller’s “Practitioner Webpage” that is hosted by Bariatric Advantage, subject to the terms of the Webpage Agreement.
6. Sales Practices.  Reseller shall always conduct Reseller’s business in a reasonable and ethical manner and shall not engage in any deceptive, misleading, or unethical practices or advertising at any time.  Reseller shall not make any warranties or representations concerning the Products except as expressly authorized by Bariatric Advantage.  Reseller shall comply with all applicable laws, rules, regulations, and policies (a) applicable to Reseller’s business and/or (b) related to the marketing and sale of the Products.  Reseller shall represent the Products in a professional manner and refrain from any conduct that is or could be detrimental to the Products or the reputation of Bariatric Advantage.  Reseller shall not advertise Products not carried in inventory.
7. Product Care, Customer Service, and Other Quality Controls.  Reseller shall comply with the Bariatric Advantage Product Care, Customer Service, and Other Quality Controls, attached hereto as Exhibit A, and as may be amended by Bariatric Advantage from time to time.
8. Intellectual Property.
9. Reseller acknowledges and agrees that Bariatric Advantage owns all proprietary rights in and to the Bariatric Advantage brand, name, logo, trademarks, service marks, trade dress, copyrights, and other intellectual property related to the Products (collectively, the “Bariatric Advantage IP”).  Bariatric Advantage grants Reseller a limited, non-exclusive, non-transferable, revocable license to use the Bariatric Advantage IP solely for purposes of marketing and selling the Products as set forth herein.  This license will cease immediately upon termination of Reseller’s status as an Authorized Reseller.  All goodwill arising from Reseller’s use of the Bariatric Advantage IP shall inure solely to the benefit of Bariatric Advantage.
10. Reseller’s use of the Bariatric Advantage IP shall be in accordance with any guidelines that may be provided by Bariatric Advantage from time to time and shall be commercially reasonable as to the size, placement, and other manner of use.  Bariatric Advantage reserves the right to review and approve, in its sole and absolute discretion, Reseller’s use or intended use of the Bariatric Advantage IP at any time, without limitation.  In marketing the Products, Reseller shall use only images of the Products supplied by Bariatric Advantage without modification, and Reseller shall ensure that all Product images and descriptions are accurate and up to date.  All content included on Bariatric Advantage’s websites, including text, graphics, images, video clips, and audio clips, is the property of, or is licensed to, Bariatric Advantage and is protected by United States copyright law.  Reseller shall not use, copy, reproduce, distribute, publish, display, modify, create derivative works from, transmit, or in any other way exploit, any part of copyrighted material without obtaining the prior written consent of Bariatric Advantage in each instance, which may be withheld in Bariatric Advantage’s sole and absolute discretion.
11. Reseller shall not create, register, or use any domain name, social media screenname, or mobile application name that contains the name of Bariatric Advantage, any Bariatric Advantage product name, any Bariatric Advantage trademark, or any misspelling or confusingly similar variation of any Bariatric Advantage product name or trademark.
12. Reseller shall not use the Bariatric Advantage IP to purchase online advertising or as key words for paid advertising purposes.
13. Termination.  Bariatric Advantage reserves the right to terminate Reseller’s status as an Authorized Reseller with written or electronic notice.  Upon termination of Reseller’s status as an Authorized Reseller, Reseller shall immediately cease (i) selling the Products, (ii) acting in any manner that may reasonably give the impression that Reseller is an Authorized Reseller of Bariatric Advantage Products or has any affiliation whatsoever with Bariatric Advantage, and (iii) using any Bariatric Advantage IP.
14. Modification.  Bariatric Advantage reserves the right to update, amend, or modify this Reseller Policy at any time.  Unless otherwise specified, such amendments will take effect immediately, and Reseller’s continued use, advertising, offering for sale, or sale of the Products, use of the Bariatric Advantage IP, or use of any other information or materials provided by Bariatric Advantage to Reseller will be deemed Reseller’s acceptance of the amendments.
15. Confidentiality.  This Reseller Policy, including its attached Exhibit A, constitute confidential, proprietary information of Bariatric Advantage and shall not be used for any purpose other than the authorized advertising and sale of the Products nor be disclosed to any third party without the prior written consent of Bariatric Advantage.