Terms and Conditions

MyHealthyLife Terms and Conditions

October 27, 2021

By clicking “accept”, you, the end user, agree to be bound by all of the following MyHealthyLife (as defined below) terms and conditions to govern the provision of the Services, as defined below, as well as the relationship of the parties and do hereby acknowledge and agree that these terms and conditions shall constitute a binding end user agreement (the “Agreement”). MyHealthyLife respects your privacy and appreciates the trust you have placed in us. Furthermore the Agreement sets out how MyHealthyLife, Health First Network, its Member stores, their employees and representatives, LifeDNA, Inc., as the technological and scientific platform provider, (collectively, “MyHealthyLife”, “we”, or “us”) collect, use, and disclose information about you, including Genetic Data and Health Information (as each term is defined below), we obtain through myhealthylife.ca, our mobile applications, and our provision of personalized recommendations and insights to support your health (collectively, the “Services”).

By agreeing to this Agreement during the setup of your account for the use of the Services (the “Subscription”), or by using the Services, you consent to the processing of your information as set forth in this Agreement and the auto-renewing of your Subscription. You understand that in order to use the Services, you may be required to provide us with information regarding your genotype which is typically generated through analysis of your saliva (“Genetic Data”) and self-reported health-related information including disease history, personality traits, family information, ethnicity, and ancestry (“Health Information”).

HOW WE COLLECT YOUR INFORMATION

Information You Provide. We collect any information that you provide us when you use the Services.

Genetic Information. In order for us to provide you with personalized insights and recommendations, you are required to provide us Genetic Data and Health Information maintained about you by either purchasing a DNA test from us or by third-party sources you have an existing relationship with. Also, as applicable, by this Agreement you authorize your Genetic Data and Health Information maintained about you by 23andMeAncestryMyHeritageLiving DNAFamily Tree DNA, or other similar DNA platforms to be shared with MyHealthyLife.

Registration. When you register for the Services, we will ask you to provide your email address, name, and billing and shipping address. We may also request that you provide additional Health Information about yourself through a brief lifestyle survey.

Communications and Other Interactions. We may collect information through your communications with our customer support team. We will also collect any information you provide when you interact with other registered users.

Payments. If you make payments while using the Services, we will ask you to provide your payment information, such as your credit card number, so our service providers can process your payments.

Information We Collect When You Use Our Services. We may automatically collect certain technical information from your computer or mobile device when you use the Service.

Device and Usage Information. We receive information from your device, including IP address, web browser type, mobile operating system version (to the extent applicable), and unique device identifiers. We may also collect and store your browser settings and preferences. We receive information about your interactions with our Services, such as the time spent interacting with content and the dates and times of your visits.

Information from Cookies and Similar Technologies. We and our service providers may collect information using cookies or similar technologies (such as web beacons, tags, scripts and device identifiers) to help us recognize you, analyze usage of our Services, provide security, and customize and improve your experience. Cookies are pieces of information that is stored by your browser on the hard drive or memory of your computer or other Internet access device. Cookies enable us to personalize your experience on the Services, maintain a persistent session, passively collect demographic information about your computer, and monitor other activities. Our website and mobile applications may use different kinds of cookies and other types of local storage (such as browser-based or plugin-based local storage). If you reject cookies, you may still access the technological platform, but your ability to use some features or areas of our site may be limited.

HOW WE USE YOUR INFORMATION

Service-Related Usage. We use the information we collect about and from you for a number of purposes, including providing you with personalized insights and recommendations through the maintenance and processing of your information, including your Genetic Data and Health Information, improving the Services, analyzing how you use the Services, managing our network, and better tailoring our Services to you.

Communications. We use your information to communicate with you. For example, we may send email to the email address you provide to verify your account and for informational and operational purposes, such as account management or customer service.

Marketing. We may use the information we collect for marketing purposes, such as providing you with promotional materials that may be useful, relevant, valuable, or otherwise of interest to you. Where required under applicable law, we will obtain your prior opt-in consent to send you electronic marketing communications.

Compliance With Applicable Law and Our Own Obligations. We may also process the information we collect about you or from you for the following purposes: (i) to enforce our Terms or other legal rights, including intellectual property infringement; (ii) as may be required by applicable laws and regulations or requested by any judicial process or governmental agency; and (iii) to comply with industry standards and our policies.

Aggregate Data. We may de-identify your information and process it in an anonymous and aggregated form for other purposes than described above.

HOW WE MAY DISCLOSE YOUR INFORMATION

Service Providers. We may share your information among our vendors, service providers, and other third parties that perform services on our behalf.

Research. Through your relationship with us, you may elect to participate in research sponsored by, conducted on behalf of, or in collaboration with third-parties, including non-profit organizations, academic institutions, pharmaceutical companies, or health care providers (collectively, the “LifeDNA Research Program”). The information we collect about and from you, including Genetic Data and Health Information, will only be used for the LifeDNA Research Program if you have consented to this use and disclosure by affirmatively providing your consent via our Consent to Research Form. 

To the extent you have provided your consent, you may withdraw your consent to participate in the LifeDNA Research Program at any time by contacting us in writing using the contact information listed below. You understand, however, that the withdrawal of your consent will not have an effect on any actions taken prior to the date your withdrawal is received and processed. In addition, if you do not provide your consent or withdraw consent previously provided for the LifeDNA Research Program, your Genetic Data and Health Information may still be used by us and shared with our third-party service providers as described above and shared as aggregate information that does not identify you as an individual.

Analytics. We use third-party analytics vendors to evaluate and provide us with information about your use of the Service. We do not share your information with these third parties, but these analytics service providers may set and access their own cookies, pixel tags and similar technologies on the Services and they may otherwise collect or have access to information about you which they may collect over time and across different websites. On our websites, we use Google Analytics to collect and process certain analytics data; Google provides some additional privacy options described at www.google.com/policies/privacy/partners.

Ad Network Providers. We may also allow ad network providers to set and access their own cookies, pixel tags and similar technologies to collect information about website use. These network advertisers may use this and other information they have collected about you to deliver targeted advertisements for products and services in which you might be interested based on your use of the website. If you prefer to not receive targeted advertising, you can opt-out of some network advertising programs that use your information. To do so please visit the Digital Advertising Alliance (DAA) Opt-Out Page: http://www.aboutads.info/choices.

Third Party Applications. We may enable you to share information from our Services to third party applications or services. For example, you may share information regarding your personalized stack of supplements with third party websites or applications. We are not responsible for how you share this information through these or similar services. These third parties may use or share your information in accordance with their own privacy policies. We strongly suggest you review the third parties’ privacy policies if you use the relevant features.

As Required by Law and Similar Disclosures. We may disclose information about you: (i) if we are required to do so by law, regulation, or legal processes, such as a court order or subpoena; (ii) in response to requests by government agencies, such as law enforcement authorities; (iii) when we believe disclosure is necessary or appropriate to protect against or respond to physical, financial or other harm, injury, or loss to property; or (iv) in connection with an investigation of suspected or actual unlawful activity.

Merger, Sale, or Other Asset Transfers. We reserve the right to transfer your information to service providers, advisors, potential transactional partners, or other third parties in connection with the consideration, negotiation, or completion of a corporate transaction in which we are acquired by or merged with another company or we sell, liquidate, or transfer all or a portion of our assets.

We may also disclose your information with your permission. In addition, we may share anonymous and aggregated reports with third parties.

YOUR CHOICES AND RIGHTS

If you do not want the Services to collect information through the use of cookies, your browser may allow you to be notified when you receive certain types of cookies and restrict or disable certain cookies. Each browser is different, so you should check your browser’s “Help” menu to learn how to change your cookie preferences. Please be aware that if you disable or reject cookies, some features and Services may not work properly. You can opt-out of receiving further promotional messages from us by following the unsubscribe instructions provided in the promotional email you receive or by contacting us directly at the contact information listed below.

HOW WE HOLD AND PROTECT YOUR INFORMATION

We take seriously the trust you have placed in us with your information, including your Genetic Data and Health Information. To protect against unauthorized destruction, loss, alteration, access, disclosure, or use (collectively, “Unauthorized Processing”), we maintain administrative, technical, and physical safeguards designed to protect the information you provide or we collect about you. Unfortunately, despite these efforts, we cannot ensure or warrant the security of any information you provide to us. In addition, we are not responsible for the security of information you transmit to the Services over networks that we do not control, including the Internet and wireless networks. As a result, we will not be liable for any loss or damage arising from any Unauthorized Processing of your information.

REQUEST TO DELETE YOUR DNA OR REMOVE YOUR ACCOUNT

If you are no longer interested in getting access to your personalized reports or other MyHealthyLife services, you can send a request to our Support Team ([email protected]) to have your personal data or your entire MyHealthyLife account deleted.

Once we’ve received your email, one of our Support Specialists will reach out and confirm your preferred option:

Option 1: Request to only delete your DNA data.

Your DNA data and all of your reports will be automatically erased but your MyHealthyLife account will remain active.

Option 2: Request to delete your account which includes your DNA data and removes all access permanently.

Please note this process cannot be undone after it has been completed. As soon as we receive your confirmation, your request will be processed within 12-24 hours. You will also receive a notification as soon as your request has been accomplished. Before submitting your request, we urge that you contact our Support Team for more information about removing your data.

CHILDREN’S PRIVACY

The Services are not intended for anyone under the age of 18. As a result, we do not knowingly collect information online from children under the age of 13. If MyHealthyLife becomes aware that any person submitting information to the Services is under the age of 13, we will promptly take steps to delete any personal information collected and terminate the relevant account. If you become aware that your child or any child under your care has provided us with personal information without your consent, please contact us at the contact information listed below.

DATA STORAGE

You consent to the possible transfer, storage and/or processing of your Genetic Data and Health Information and other information outside the jurisdiction in which the information was originally collected. 

If you are visiting from the European Economic Area or other regions with laws governing data collection and use, please note that we may transfer your information to recipients in countries other than the country in which the information was originally collected, including the United States of America or Canada. Those countries may not have the same data protection laws as the country in which you initially provided the information. When we transfer your information to other countries, we will protect that information as described in this Agreement. By providing your information and/or using the Services you consent to any transfer and processing in accordance with this Agreement.

SMS/MMS MOBILE MESSAGING MARKETING PROGRAM

We respect your privacy. We will only use information you provide through the Program to transmit your mobile messages and respond to you, if necessary. This includes, but is not limited to, sharing information with platform providers, phone companies, and other vendors who assist us in the delivery of mobile messages. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE, OR OTHERWISE TRANSFER FOR PROFIT ANY PHONE NUMBERS OR CUSTOMER INFORMATION COLLECTED THROUGH THE PROGRAM TO ANY THIRD PARTY. Nonetheless, We reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect Our rights or property. When you complete forms online or otherwise provide Us information in connection with the Program, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If, in Our sole discretion, We believe that any such information is untrue, inaccurate, or incomplete, or you have opted into the Program for an ulterior purpose, We may refuse you access to the Program and pursue any appropriate legal remedies.

CHANGES TO THIS AGREEMENT AND PRACTICES

This Agreement may be updated periodically and without prior notice to you to reflect changes in our information practices or relevant laws. To inform you of any change, we will post the updated Privacy Policy on the applicable websites and indicate at the top of the document when it was updated. If we decide to use particular personal information in a manner materially different from that stated at the time it was collected, we will let you know through our Services, by email, or other communication.

MyHealthyLife is not a healthcare provider and no content or information shared through the technological platform by MyHealthyLife constitutes medical advice, diagnosis or treatment and is not intended to be a substitute for medical advice. Any content or information shared is for informational and educational purposes only and is not intended as medical advice, diagnosis or treatment and you understand and agree that MyHealthyLife does not guarantee, represent or warrant the accuracy, effectiveness, applicability, fitness or completeness of any such information or content or the veracity of any perceived advice, personalized insights, recommendations or suggestions shared through the technological platform. Always consult your professional medical practitioner and read all labels of all products before purchasing or consuming any suggested or recommended products through the technological platform. Never disregard professional medical advice or delay seeking same due to anything shared through the technological platform. 

You hereby agree that MyHealthyLife shall not be liable for and MyHealthyLife hereby disclaims any and all liability for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from the use of any information shared with you through the technological platform, which is provided as is and without warranties.

Governing Law, Jurisdiction and Venue. This Agreement and the rights and obligations of the parties shall be governed and construed by the substantive laws of the Province of Ontario, Canada. Each party hereby submits to the exclusive jurisdiction of the courts sitting in the City of Toronto, in the Province of Ontario and agrees not to oppose any action brought on the basis that the courts of Ontario are not an appropriate or convenient forum for the same.  

HOW TO CONTACT US

If you have any questions or comments about this End User Agreement, our privacy practices or if you would like to exercise your rights and choices, please contact us at [email protected] or by writing to us at:

MyHealthyLife

4180 Morris Drive, Unit 11
Burlington, Ontario
Canada