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Privacy Statement

Profile acknowledges and respects an individual’s right to privacy. We take your concerns related to privacy and security seriously. We, therefore, want you to know how we may collect, use, share, and protect your information. In addition to this Privacy Statement, visitors to the Profile Sanford website should consult the Profile terms and conditions pages.

This Privacy Statement applies to www.profileplan.net, www.profileplan.com, www.profileperform.com, www.donewithdiets.com and the pages included within these domains (collectively our “website”). Other websites maintained by Sanford Health, such as www.sanfordhealth.org operate under different Privacy Statements and Terms and Conditions which can be accessed at those separate websites.

Information We Collect and How It Is Used

Visitors can browse the Profile website without providing any personal information. Certain pages contain forms that give visitors the option of providing us with contact information including name, physical address, phone, employer and email address if you choose to sign-up for more information with Profile. Providing this information is voluntary. The information you submit is shared internally with Profile employees who need this information to help respond to your request or improve Profile operations. Information submitted may be also be used to evaluate the technical functionality of our website. Information provided may also be utilized to address inappropriate use or communications associated with our website.

Text Messages/Emails

If you provide your phone number, mobile phone number, email address, and/or other contact information, you agree to be contacted by Profile, its affiliates, its franchisees, and/or a company hired by them using automatic dialing systems, recorded or artificial voice messages, text messages, emails, and/or similar methods. The purpose for these messages may include, without limitation, service-related messages, feedback, surveys, marketing or promotional messages, upcoming events, membership messages, and/or other business messages. If you do not want to receive communications as described in this Privacy Policy, you must (a) opt-out from receiving text messages or email as provided in any text message or email received, which opt-out will apply only to the form of message received; or (b)(i) provide Profile with written notice revoking your consent, and (ii) in that written notice, you must include your name, address, and specific phone number(s) and/or email address(es) you desire removed from Profile’s contact list.

Newsletters, Email Communications, and Other Related Services

Profile offers you the opportunity to receive e-newsletters and e-publications related to Profile services, products, news, and announcements. You can unsubscribe at any time through the contact information contained in those communications.

Other communications that you send to us via email may be shared with a customer service representative, employee, medical expert or other Profile employee that is best able to respond to your inquiry. Email communications are not completely secure or confidential. It is possible that an email may be accessed or read by other Internet users. Please do not use email for communications you wish to keep protected and secure.

Becoming a Registered User and Customer

In order to access Profile products and services online, you must first register. During your registration, you may be required to provide personal information such as name, address, email address, zip code, date of birth. You may also be required to provide payment and billing information should you choose to subscribe or purchase Profile products or services. This information is used to help us manage the users of our website, to improve our website functionality, to contact our website users about requested products or services, and for billing purposes.

IP Addresses

Our Internet server automatically tracks the Internet Protocol (IP) address of the computers that access our site. An IP address is a number that is assigned to your computer when you access the Internet. IP addresses are not personally identifiable information because different individuals may use the same computer to access the Internet. Sanford Health, in addition to Profile, may use this information to evaluate how visitors navigate our websites and help improve the content.

Tracking Technologies

Profile, or any third party advertising partners we choose to work with, may employ various tracking technologies such as cookies, web beacons and analytics software. These tools help us manage the content on our websites by informing us what content is useful to visitors.

Cookies

When you visit our website we send one or more cookies to your computer or other internet browsing device. Cookies are alphanumeric identifiers stored on your computer through your web browser and are used by most websites to help personalize your browsing experience. Cookies may facilitate additional website features for enhanced performance of your web experience such as remembering preferences, allowing social interactions, analyzing usage for website optimization, providing custom content, allowing third parties to provide social sharing tools, and delivering images or videos from third-party websites. Some features of our website will not function if you do not allow cookies. We may link the information we store in cookies with any other information you submit while on our website.

We may use both session ID cookies and persistent cookies. A session ID cookie expires when you close your internet browser. A persistent cookie is stored on your computer. Cookies enable us to track and target the interest of our visitors to enhance your experience on our website. You can learn how to remove persistent cookies by following the directions provided in the “Help” portion of your Internet browser.

Web Beacons

We may use Web Beacons alone or with cookies to collect information about our website content. Web Beacons are tiny graphic objects that are embedded in a web page or email and are usually invisible to the user but allows verification that a user has viewed the web page or email. Web Beacons may be used to track web page visits or form submissions. In some cases, the Web Beacon may be tied to the information submitted by visitors to our website. This technology allows us to evaluate the effectiveness of our website and any Sanford Health advertising or marketing campaigns.

Third Party Tracking Technologies

The use of cookies or web beacons by any third party service provider is not covered by our Privacy Policy. We do not have access or control over these technologies utilized by third parties.

Analytics Software

We and any third party tracking-utility parties we partner with may use log files on our website to gather certain information automatically and store for analytical purposes. This information includes internet (IP)addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to track and compile non-personal information to analyze trends, monitor visitor traffic within our website content, and gather aggregate demographic information about our visitors. We may combine this log file information with other information we collect from or about you to help improve the services we offer, our marketing, analytics or website functionality.

Social Media Features and Widgets

Our website includes links to our various social media platforms such Facebook or Instagram. Use of these websites is voluntary and your interaction with those other websites is governed by the privacy statement published separately on those social media websites.

Our website may contain various features that allow visitors to interact with our website content via their chosen social media platform, such as the Facebook “Like” or “Share” buttons. Use of these interactive widgets or mini-programs on our website is voluntary. These services are provided to enhance your browsing experience and ability to communicate information from our website to the audience of your choice. These social media features are hosted by a third party and governed by the privacy statement of the company providing those services.

We may provide you with the opportunity to share information from our website with a friend or make a referral by providing an email address or other contact information for that person. We will use that contact information to provide information about Profile services.

Links to Other Websites

Our website content may contain links to other websites not owned or operated by Profile. These third-party websites have different privacy statements and practices. If you submit any information to those websites, your information is governed by the privacy statement published on that website. We encourage you to carefully read the privacy policy for any website you visit.

Public Forums

Our website may offer publicly accessible blogs, community forums or message boards. Be aware that any personal information you disclose in those public forums may be collected and used by others outside the control of Profile. Please contact the posted administrator of a particular forum to request removal of your personal information. In some cases, we may not be able to remove your information.

Legal Disclosure

We reserve the right to disclose personal information as required by law, such as to respond to a subpoena or other mandatory legal process. We may disclose personal information when we believe in good faith that the disclosure is necessary to protect our rights, to protect your safety or the safety of others, investigate fraud, or respond to government requests.

Data Retention

We will retain your information for as long as needed to provide you services, comply with our legal obligations, resolve disputes, and enforce our agreements.

Sharing Information with Third Parties

We do not share personal information with third parties unrelated to Profile, except when required to for legal purposes or investigations. We may share your personal information with third parties who we have contracted with to help us provide services. We will ensure that these third parties have agreed not to use or disclose your personal information except to help us provide the services.

We may share aggregate information about certain population groups of Profile customers with third parties. This aggregate information will not contain any personal information that could be used to identify a Profile customer. The information may be provided to help the third party evaluate the performance of Profile among population groups relevant to that third party such as workforce or subscribers.

Security of Your Information

Profile provides reasonable and appropriate security measures to protect our website content and any personal information you may provide against foreseeable hazards. When you enter sensitive information (such as a credit card number) on our forms, we encrypt the transmission of that information using secure socket layer technology (SSL). When you come across a webpage that is secured, your browser will likely display a "closed lock" or other symbols to inform you that SSL has been enabled. The web address should start with "https://" rather than "http://".SSL allows a secure connection between your web browser and a web server. No computer system or information, however, can ever be fully protected from every possible threat or hazard and therefore we cannot warrant the security of any information you transmit to us, and you do so at your own risk.

Protecting Children's Privacy

Profile is committed to protecting children's privacy on the Internet. We do not knowingly collect personal information from children.

Changes to the Privacy Policy

We may change or update our privacy policy over time. Notification of material changes will be on our website. This Privacy Policy was last updated on April 23, 2019.

Contact information

If you have questions regarding this Privacy Policy you can contact us via email at privacy@profileplan.com or via mail at:

Profile Development, LLC,
Attn: Legal Department
1305 W. 18th Street
Sioux Falls, SD 57105

Version: Last updated April 22, 2019. This Agreement was written in English (US). To the extent any translated version of this Agreement conflicts with the English version, the English version controls.

Profile by Sanford Privacy Notice for California Residents

Effective Date: 1/1/2020

This Privacy Notice for California Residents (this “Notice”) supplements the information contained in Profile by Sanford’s Privacy Statement and applies solely to all visitors, customers, users, and others who reside in the State of California (”consumers” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (CCPA) and any terms defined in the CCPA have the same meaning when used in this Notice.

This Notice does not apply to employment-related personal information collected from California-based employees, job applicants, contractors, or similar individuals

Information We Collect

We collect information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (”personal information”). Personal information does not include:

  • Publicly available information from government records.
  • Deidentified or aggregated consumer information.
  • Information excluded from the CCPA’s scope, like:
  • health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA) or clinical trial data;
  • personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.]

In particular we have collected the following categories of personal information from its consumers within the last twelve (12) months:

Category

Examples

Collected

A. Identifiers.

A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, account name, Social Security number, driver’s license number, passport number, or other similar identifiers.

YES

B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).

A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.

Some personal information included in this category may overlap with other categories.

YES

C. Protected classification characteristics under California or federal law.

Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).

YES

D. Commercial information.

Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.

YES

E. Biometric information.

Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.

YES

F. Internet or other similar network activity.

Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.

YES

G. Geolocation data.

Physical location or movements.

NO

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.

YES

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.

NO

We obtain the categories of personal information listed above from the following categories of sources:

  • Directly from you. For example, from forms you complete or products and services you purchase.
  • Indirectly from you. For example, from observing your actions on our Website.
  • From others who refer you to Profile by Sanford.

Use of Personal Information

We may use or disclose the personal information we collect for one or more of the following purposes:

  • To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
  • To provide, support, personalize, and develop our Website, products, and services.
  • To create, maintain, customize, and secure your account with us.
  • To process your requests, purchases, transactions, and payments and prevent transactional fraud.
  • To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
  • To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
  • To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
  • For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
  • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
  • As described to you when collecting your personal information or as otherwise set forth in the CCPA.
  • For certain research projects that have been evaluated and approved through a process that considers a customer’s need for privacy.
  • We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.

Sharing Personal Information

We may disclose your personal information to a third party for a business purpose. When we disclose personal information for a business purpose, we enter a contract that describes the purpose and requires the recipient to both keep that personal information confidential and not use it for any purpose except performing the contract. We share your personal information with the following categories of third parties:

  • Service providers.
  • Data aggregators.
  • Third parties to whom you authorize us to disclose your personal information in connection with products or services we provide to you.

Disclosures of Personal Information for a Business Purpose

In the preceding twelve (12) months, Profile by Sanford has disclosed the following categories of personal information for a business purpose:

Category A: Identifiers.

Category B: California Customer Records personal information categories.

Category C: Protected classification characteristics under California or federal law.

Category D: Commercial information.

Category E: Biometric information.

Category F: Internet or other similar network activity.

Category I: Professional or employment-related information.

We disclose your personal information for a business purpose to the following categories of third parties:

  • Service providers.
  • Data aggregators.
  • Third parties to whom you authorize us to disclose your personal information in connection with products or services we provide to you.

Sales of Personal Information

Profile by Sanford does not sell personal information.

Your Rights and Choices

The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access to Specific Information and Data Portability Rights

You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months. Once we receive and confirm your verifiable consumer request, we will disclose to you:

  • The categories of personal information we collected about you.
  • The categories of sources for the personal information we collected about you.
  • Our business or commercial purpose for collecting or selling that personal information.
  • The categories of third parties with whom we share that personal information.
  • The specific pieces of personal information we collected about you (also called a data portability request).
  • If we sold or disclosed your personal information for a business purpose, two separate lists disclosing:
  • sales, identifying the personal information categories that each category of recipient purchased; and
  • disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.

Deletion Request Rights

You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions. Once we receive and confirm your verifiable consumer request, we will delete (and direct our service providers to delete) your personal information from our records, unless an exception applies.

We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:

  • Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
  • Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
  • Debug products to identify and repair errors that impair existing intended functionality.
  • Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
  • Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 et. seq.).
  • Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
  • Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
  • Comply with a legal obligation.
  • Make other internal and lawful uses of that information that are compatible with the context in which you provided it.

Exercising Access, Data Portability, and Deletion Rights

To exercise the access, data portability, and deletion rights described above, please submit a verifiable consumer request to us by either:

(877) 373-6069

privacy@profileplan.com

Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your personal information. You may also make a verifiable consumer request on behalf of your minor child.

You may only make a verifiable consumer request for access or data portability twice within a 12-month period. The verifiable consumer request must:

  • Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
  • Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.

We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. Making a verifiable consumer request does not require you to create an account with us. We will only use personal information provided in a verifiable consumer request to verify the requestor’s identity or authority to make the request.

Response Timing and Format

We endeavor to respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to 90 days), we will inform you of the reason and extension period in writing.

We will deliver our written response by mail or electronically, at your option.

Any disclosures we provide will only cover the 12-month period preceding the verifiable consumer request’s receipt. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance.

We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.

Non-Discrimination

We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to Our Privacy Notice

We reserve the right to amend this privacy notice at our discretion and at any time. When we make changes to this privacy notice, we will post the updated notice on the Website and update the notice’s effective date. Your continued use of our Website following the posting of changes constitutes your acceptance of such changes.

Contact Information

If you have any questions or comments about this notice, the ways in which Profile by Sanford collects and uses your information described here and in the Privacy Statement, your choices and rights regarding such use, or wish to exercise your rights under California law, please do not hesitate to contact us at:

Phone: (877) 373-6069

Website: https://www.scorpion.co/

Email: privacy@profileplan.com

Postal Address:

Profile by Sanford

Attn: Profile Legal and Compliance Department

1305 W. 18th Street

Sioux Falls, SD 57117