Washington Consumer Health Data Privacy Policy

This Washington 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 the Washington State My Health My Data Act (MHMDA). Consumer health data means personal information that is linked or reasonably linkable to a consumer and that identifies the consumer’s past, present, or future physical or mental health status. This policy applies to Washington residents and those whose consumer health data is collected in Washington 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 MHMDA. This policy does not apply where an exception or exemption applies.

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.

Consumer Health Data Collected

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 physical or mental 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 and Use Consumer Health Data

We collect and use 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.

How to Exercise Your Rights

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

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

If your request to exercise a right under the MHMDA is denied, you may appeal the denial by contacting us at SMPLPrivacy@simplygoodfoodsco.com. If your appeal is unsuccessful, you can raise a concern or lodge a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.