Nevada Consumer Health Data Privacy Policy

Effective date: March 31, 2024

This Nevada Consumer Health Data Privacy Policy describes how Simply Good Foods USA, Inc. (“Simply Good”, “we”, “us”, and “our”) collect, use, and share personal information defined as “consumer health data” subject to Senate Bill 370 (“SB 370”). Consumer health data means personally identifiable information that is linked or reasonably capable of being linked to a consumer and that a regulated entity uses to identify the past, present or future health status of the consumer. This policy applies to Nevada residents and those whose consumer health data is collected in Nevada when they register for a plan assessment through our site. If you are not registering for a plan assessment through our site, please see our general Privacy Policy that provides disclosures about personal information that is not consumer health data subject to SB 370. This policy does not apply where an exception or exemption applies.

Consumer Health Data Collected

The personal information, including consumer health data, we collect varies based on your relationship with us. If you register for a plan assessment through our site, we will ask questions including related to your health to allow us to provide information regarding a low carbohydrate diet based on scientific research. Registered users have options to track information about their health such as weight, physical activity, fluid intake and body measurements.

We may collect the following categories of consumer health data:

  • Individual health conditions, treatment, diseases, or diagnosis;
  • Bodily functions, vital signs, symptoms, or measurements of other types of consumer health data;
  • Precise location information; and
  • Other information that may be processed to derive or infer data related to the above or other consumer health data.

The categories of consumer health data above may include the following personal information, when collected in connection with your past, present, or future health status:

  • Identifiers such as a real name; alias; email address; account name; domain name.
  • Internet or other electronic network activity information such as your browser type and operating system; web pages you view; links you click; the length of time you visit our site and use our services; and the referring URL, or the webpage that led you to our site.
  • Geolocation data such as your IP address; your location.
  • Any information that identifies, relates to, describes, or is capable of being associated with, a particular individual such as physical characteristics or descriptions and medical information.
  • Characteristics of protected classifications such as gender.
  • Inferences drawn from any of the information above to create a profile about a consumer reflecting the consumer’s preferences, characteristics, predispositions, behavior.
  • A consumer’s account log-in to Atkins site in combination with its password.
  • Personal information collected and analyzed concerning a consumer’s health such as individual health conditions, treatment, diseases, or diagnosis; bodily functions, vital signs, symptoms, or measurements of other types of consumer health data; and other information that may be processed to derive or infer data.

We process any deidentified consumer health data only in a deidentified fashion and will not attempt to reidentify such data.

Why We Collect, Use, and Share Consumer Health Data

We collect, use, and share personal information, including consumer health data, as necessary to provide our low carbohydrate and health products or services requested by consumers, which include to:

  • Provide our site and services to consumers and carry out our obligations arising from any contracts entered into with consumers.
  • Communicate with consumers, such as to respond to consumer inquiries, to send consumers information that they have requested.
  • Comply with laws and regulatory requirements, enforce our terms and conditions, respond to lawful requests, court orders, and legal processes, and protect and defend the rights, property, or safety of us, our affiliates, employees, customers, users, and others.

Categories of Sources

We generally collect consumer health data from the following categories of sources:

  • Directly from you; and
  • Automatically/indirectly (through our site).

Our Sharing of Consumer Health Data

We do not share consumer health data with any affiliates but may share to our service providers as necessary to provide our products and services requested by you.  

No third party collects  consumer  health  data over time and across our websites or online services when you use our website or online services.

How to Exercise Your Rights

SB 370 grants certain rights including a right of access and deletion, subject to certain exceptions.

If you would like to exercise your rights under the SB 370, please submit a request through SMPLPrivacy@simplygoodfoodsco.com.

If your request to exercise a right under the SB 370 is denied, you may appeal the denial by contacting us at SMPLPrivacy@simplygoodfoodsco.com.

Changes to this Policy

This policy is current as of the Effective Date set forth above. We may make changes to this policy from time to time, including material changes, so be sure to check back. We notify consumers of changes by updating this policy on our website.