Privacy Policy

FoodKey Application Privacy Policy

Effective Date: January 1, 2025

Layman's Version of This Privacy Policy

The FoodKey App and KaiVitae respect your privacy and provide this policy to describe how we use your data and your rights under the law. For example, we currently will not share or sell your data for any purposes other than deidentified research. You also can ask to unsubscribe from our emails and texts. Other data uses and privacy rights are described below, and we will always take reasonable and appropriate precautions to protect your data and strive to protect all personal data with standards applied to health information.

Introduction

Welcome to the FoodKey web and mobile application (the “FoodKey App”). The FoodKey App is operated by KaiVitae, Inc. (“KaiVitae,” “we,” or “our”). We operate the FoodKey App and maintain this privacy policy (“Policy”) to inform you about how the data you provide and produce while using the FoodKey App will be collected and used.

Scope of the Policy

This Policy applies to your use of the FoodKey App (described in further detail below). It does not apply to your use www.KaiVitae.com, or any other website offered or maintained by KaiVitae or a third party.

Ownership and Operation of the FoodKey App

The FoodKey App is owned and operated by KaiVitae, a for-profit Colorado corporation with offices at 1770 Chestnut Place #802, Denver, CO 80202. KaiVitae collects and retains certain data from your use of the FoodKey App, as described in this Policy.

This Policy is part of the Terms of Use that govern your use of the FoodKey App. By accessing or using the FoodKey App, you agree and consent to the data collection and use as described in this Policy. In addition, when you use the FoodKey App you consent to the transfer to and processing of your information in the United States.

Updates to This Policy

KaiVitae reviews the privacy practices pertaining to the FoodKey App from time to time, which are subject to change. We ask that you periodically review this page to remain familiar with the most current version of this Policy. Information collected after the posted effective date will be treated in accordance with the then most current Policy. When this Policy changes, we will update the “Effective Date” at the top of the page.

Information We Collect

The FoodKey App produces a single number, the FoodKey score, based on your diet to help you understand your healthspan, lifespan, and the prevalence for dozens of chronic conditions. KaiVitae collects various pieces of information about you and your device when you interact with the FoodKey App. Some of this information identifies you as an individual (“Personally Identifiable Information”) and may be collected automatically by the FoodKey app or submitted by you through the FoodKey App.

Information We Automatically Collect

KaiVitae automatically collects information about your interactions with the FoodKey App when you use and interact with it, including information about the device you use to access the FoodKey App.

Device Identifiers. KaiVitae may collect one or more unique identifiers associated with the mobile device you use to access the FoodKey App. These unique identifiers may be able to be reset, depending on the operating system on your mobile device and the type of identifier collected by the FoodKey App.

Location Information. When you access the FoodKey App, KaiVitae may collect your general location information. This information may be derived from your responses or the IP address from which you are accessing the FoodKey App. KaiVitae uses this information to understand where the FoodKey App's users are located.

Information About Your Mobile Device. In addition to the information described above, when you access the FoodKey App, KaiVitae may collect additional information about your mobile device, including IP address, access dates and times, pages visited, time spent on a particular page, and hardware and software information. This information allows KaiVitae to understand how you use the FoodKey App.

Information You Provide to Us

You may also proactively submit information through the FoodKey App, this information may include Personally Identifiable Information.

Account Registration Information. When you sign up for an account to use the FoodKey App, you may be asked to provide KaiVitae with your basic contact information, including your name and email address, and personal characteristics, including health and wellness information, gender, and pregnancy status (“Personal Characteristics”). KaiVitae uses this information to create your profile and communicate with you about your account, the FoodKey App's features and functionality, and to send you messages related to research powered by data you may opt-in to share with researchers. Your Personal Characteristics form your “Characteristic Profile,” which may be supplemented with additional information, as described in this Policy.

Opt-in Data. In addition to account registration information, you may choose to allow us to share your Personal Characteristics in de-identified form to third-party researchers. We will only share your de-identified Personal Characteristics with researchers if you provide your express consent for it to be shared for research purposes. If you consent to such sharing of your de-identified Personal Characteristics, we refer to it as “Opt-in Data.”

E-Mail Content, Newsletters, In-App Encouragement. You may choose to provide Personally Identifiable Information in a webform or an email message to one of the addresses listed on the FoodKey App or by submitting your information in a support or contact section of the FoodKey App. KaiVitae uses this information to respond to your message, fulfill your request, provide you information on its services, or to register you for the FoodKey App, and KaiVitae may use it to share messages about its mission-based endeavors to you. By providing this information, you may receive occasional email messages from KaiVitae. If you sign up for an email newsletter, you have the option to unsubscribe at any time. Any information you choose to provide regarding special interests may be added to your Characteristic Profile, which may be used to send you encouragement notifications or reminders related to the FoodKey App within the application.

Additional Sources of Information. You may provide additional information through the FoodKey App when you request information about KaiVitae's services, its mission-based endeavors, or other activities. KaiVitae may receive this information from you through email, the FoodKey App, or over the phone. This information may be combined with other information received through the various channels through which you interact with KaiVitae (including the FoodKey App and KaiVitae's website) and form part of your Characteristic Profile.

Third-Party Analytics Tools

Beyond the information that KaiVitae may collect directly from you or through the FoodKey App, the FoodKey App utilizes analytics tools, including third-party technologies such as Google Analytics and others to collect information and help KaiVitae understand how users engage with the FoodKey App. To learn more about Google Analytics, click here. To learn more about how Google uses data collected through partner sites or applications, click here.

How We Use Information

KaiVitae uses the information it collects through the FoodKey App to further its mission-based endeavors, provide information you request, enhance your experience using the FoodKey App, and to improve the FoodKey App. For more details about how we use information collected through the FoodKey App, please see below:

Use of Collected Information. Generally, we may use the information you provide to us through the FoodKey App for the following purposes:

to develop research and insights related to KaiVitae's mission-driven endeavors;
to provide the information, content, and services you request;
to provide you with effective customer service;
to provide you with a personalized experience when you use the FoodKey App;
to contact you with information and notices related to your use of the FoodKey App;
to better understand your needs and interests;
to improve the content, functionality and usability of the FoodKey App;
to improve additional products or services offered;
to further KaiVitae’s mission-driven endeavors;
to improve promotional efforts regarding use of the FoodKey App;
to engage vendors and/or business partners to assist with the above; and
for any other purpose identified in an applicable privacy notice, click-through agreement, or other agreement between you and KaiVitae;
for security or fraud prevention purposes.

Please see “Your Choices” below for more information about the choices you have about the ways we use the information we collect about you.

Opt-in Data, Deidentification and Research. As described in this Policy, your Characteristic Profile is comprised of Personal Characteristics you provide when you register for an account in the FoodKey App and other information you may choose to provide to us through other channels. If you provide consent for your Characteristic Profile and Nutritional Data to be shared in deidentified form with third-party researchers, such that it is treated as Opt-in Data we will deidentify your Opt-in Data and make it available to researchers in support of KaiVitae's mission-driven endeavors.

Use of Aggregate Information. KaiVitae may use information gathered through the FoodKey App to create a compiled, aggregate view of the FoodKey App's user audience and users' usage patterns. KaiVitae uses this aggregated information to improve the FoodKey App's content and services, and to develop new content and services. It also uses this aggregated information to operate and improve the performance of the FoodKey App. KaiVitae may also share aggregated information— which no longer identifies any individuals—with third-party service providers that help operate the FoodKey App.

Email Consent and Opt-Out

KaiVitae collects your email address and phone number when you provide it through the FoodKey App. When you provide your email address and phone number, you consent that KaiVitae may contact you using that email address or text you to provide you with information and notices relating to the FoodKey App or promotional messages about other KaiVitae initiatives or educational opportunities. It also means that KaiVitae may email you regarding updates to this Policy or with updates about KaiVitae generally (for example, to share a press release) or its mission-driven endeavors.

You may choose to opt out of receiving future promotional email messages from us. Each promotional email sent contains a link with instructions about how to remove yourself from the email list. Please note that you will need to opt-out separately from any third-party websites with which you have registered.

Third-Party Data Sharing and Disclosure

KaiVitae or the FoodKey App may disclose information to third parties as described below:

Compliance with Law or Protection of Rights. KaiVitae may disclose the information it specifically collects, including Personal Data, when it believes disclosure is appropriate to comply with the law, a court order, or a subpoena. Specifically, KaiVitae may disclose your Personal Data to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of the FoodKey App; to enforce or apply any applicable terms of use or other agreements; or to protect its own rights or property, or the rights, property, or safety of others.

Business Negotiations. KaiVitae may contemplate, for strategic or other reasons, selling, buying, merging, or otherwise reorganizing its businesses. In negotiating with a third party about entering into such an arrangement, KaiVitae may disclose non-identifying information about FoodKey App users to such third parties. In such an instance, we will take reasonable measures to protect any information disclosed, for example, by requiring a third party to sign a non-disclosure agreement limiting the use of and protecting the confidentiality of the information.

Business Transfers. KaiVitae may transfer the information collected through your use of or submitted through the FoodKey App to a partner or buyer or other successor in the event of a merger, divestiture, transfer of control, restructuring, reorganization, dissolution, or other sale or transfer of some or all of KaiVitae's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding.

Vendors. KaiVitae may from time to time retain third-party vendors to help us manage the FoodKey App. These may include third-party vendors we engage to analyze the information collected for marketing or similar purposes.

In addition, KaiVitae may contract with third parties who use tracking technology to collect information on its behalf. These parties maintain their own confidentiality and security standards. We may contract with companies or others to provide certain services, including payment services, data management and promotional services. KaiVitae provides these service providers with the information they need to perform these services.

KaiVitae may share information, including Personal Data, to third-party vendors to help provide the FoodKey App. For example, KaiVitae may use a cloud-service provider to host information collected from the FoodKey App. Such vendors have access to information for the limited purpose of supporting the FoodKey App.

KaiVitae does not disclose personal information to third parties for their own direct marketing purposes.

Third-Party Links

The FoodKey App may have links to other websites or resources over which KaiVitae does not have control. Such links do not constitute an endorsement by KaiVitae of those websites. You acknowledge that KaiVitae provides these links to you only as a convenience, and you further acknowledge that KaiVitae is not responsible for the content of such websites. Your use of such websites is subject to the terms of use and privacy policies located on the linked websites.

Your Choices

In General. We respect your right to make choices about the ways your Personal Data is collected and used. For example, KaiVitae will include instructions to unsubscribe from communications in each electronic newsletter or email it sends you.

Request Deletion. We are committed to honoring your privacy rights related to the FoodKey App. If you would like your information deleted, please submit a request to KaiVitae by email at hello@KaiVitae.com, with the subject line “Deletion Request” and list your name and email used for the FoodKey App. We will confirm the request through your email and then delete the data following confirmation. We will delete any Personally Identifiable Information stored about you, except that which is necessary to maintain your account (e.g., your name and email address). If you would like all Personally Identifiable Information stored about you related to the FoodKey App, including your account, deleted, please indicate so in the email request.

Please note: Your request to have your Personally Identifiable Information deleted, including if you request that your account be deleted, will not affect Opt-in Data, which is deidentified and shared with researchers and must remain intact to support published research.

Unsubscribe from Newsletters or Promotional Communications. We want to provide information that is valuable to you. If at any time you wish to be taken off KaiVitae's mailing lists, please follow the unsubscribe instructions included in our communications to you or contact us by email at hello@KaiVitae.com, or by mail at the address listed below. Please provide your full name, postal address, and email address so that KaiVitae can find you on its mailing lists. Once we have the information we need, we will remove you from our mailing lists as you have requested. Please give us a reasonable amount of time to honor your request.

Opt-Out of Analytics. We do not control how third parties use your information, but you can opt out of Google Analytics at the following link.

Children’s Privacy

The FoodKey App is not intended for individuals under the age of 18, or the age of majority in your jurisdiction. Children under 18 years old, or the age of majority in your jurisdiction, may not use the FoodKey App or access its content without the written permission of a parent or guardian. If you believe that a child under the age of 18, or the age of majority in your jurisdiction, has submitted information on or through the FoodKey App without the consent and supervision of a parent or guardian, please contact KaiVitae as indicated below.

Additional State-Specific Information Disclosures

Note: The following section applies to residents of California, Colorado, Virginia, Connecticut, and Utah to satisfy KaiVitae's disclosure obligations under state-specific privacy laws therein.

For purposes of this section:

“Personal Information” (often referred to as “personal data,” depending on your location), means information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household. It does not include publicly available information obtained from government records, deidentified or aggregated consumer information that cannot be reconstructed to identify you, or certain information governed by existing federal laws. “Personal Information” refers to a broader range of data than the capitalized term, “Personally Identifiable Information,” used above.

“Third-Party” means a person or entity that collects Personal Information on KaiVitae's behalf or receives it from KaiVitae.

This “Additional State-Specific Information Disclosures” section of the Policy describes how KaiVitae may collect, use, and share Personal Information (subject to the definition described in the italicized description at the top of this section), including through interactions you may have with KaiVitae outside of the online environment of the FoodKey App.

The Personal Information We Collect and Disclose

The chart below shows the categories of Personal Information KaiVitae collects; the types of sources from which each category of Personal Information is collected; the business purpose(s) for which that category of Personal Information is collected; and the types of third parties with whom that category of Personal Information is shared. As this chart shows, we disclose certain Personal Information to third parties for business and commercial purposes. We do not collect, and we do not sell, share, or otherwise disclose for advertising purposes the Personal Information of minors.

Chart that shows categories of personal information collected and the business purpose.

We collect the following categories of sensitive Personal Information.

Char that shows categories of sensitive data collected and the business purpose for collection.

We intend to retain each category of Personal Information, including sensitive Personal Information, described above for 5 years following your last interaction with the FoodKey App, or until a specific request to delete data has been submitted to KaiVitae.

Your Rights

As a California, Colorado, Virginia, Connecticut, or Utah resident, you have the following rights regarding our collection and use of your Personal Information, subject to certain exceptions.

Right to Access/Know. You may request that we provide you with the following information about how we have handled your Personal Information in the 12 months preceding your request:

The categories of Personal Information we collected about you and the categories of sources from which we collected such Personal Information;
The specific pieces of Personal Information we collected about you;
The business or commercial purpose for collecting Personal Information about you; and
The categories of Personal Information about you that we shared or disclosed and the categories of third parties with whom we shared or disclosed such Personal Information.

Right to Portability. You may request that we provide you with a copy of the specific pieces of Personal Information that we have collected about you and to have this delivered to you either by mail or electronically.

Right to Correct. You have a right to request that we correct any inaccurate Personal Information we may retain about you.

Right to Limit. You have the right to instruct us to limit the use and disclosure of your sensitive Personal Information to only that which is necessary to perform the services or provide the goods reasonably expected by an average consumer or for specific business purposes defined by applicable law.

Right to Delete. You may request that we delete any Personal Information that we collected from you or retain about you.

Right to Opt Out. You have the right to instruct us not to sell, share, or disclose information to third parties for targeted advertising purposes, and the right not to have your Personal Information used for profiling in furtherance of decisions that produce legal or similarly significant effects. KaiVitae currently does not engage in any of this activity.

Exercising Your Rights and Submitting Data Privacy Requests

You may submit a request to exercise a right described above by sending an email to hello@KaiVitae.com.

We may ask you to provide information that will enable us to verify your identity. In some instances, we may decline to honor your request if an exception applies, such as when the disclosure of Personal Information would adversely affect the rights and freedoms of another individual. You have the right to appeal that decision to our legal department and can do so by using the same email address and toll-free number provided above. We will respond to your request consistent with applicable law.

We will not discriminate against you for exercising your rights under a state-specific privacy law. For example, we will not deny you access to the FoodKey App or provide a different level of quality in the FoodKey App as a result of you exercising your rights under a state-specific privacy law. The nature of your request may require FoodKey to not be able to display useful information.

Authorized Agents

If you are a California resident, you may designate an authorized agent to exercise your rights under California privacy law on your behalf. Pursuant to the California privacy law:

Only an individual with power of attorney, or a business entity or natural person registered with the California Secretary of State may act as an authorized agent.
We may require that you or the authorized agent do the following:
- Provide proof of your signed written permission for the authorized agent to submit a request on your behalf - We may deny a request from an authorized agent on your behalf if the authorized agent does not submit proof that he, she, or it has been authorized by you to act on your behalf if we request such proof, as permitted by California privacy law.
- Verify your identity with us directly - This does not apply if you have provided a valid power of attorney to the authorized agent.

International Users

KaiVitae is located in the United States, therefore Personally Identifiable Information collected through the FoodKey App from users in other countries will be stored in the United States and will be subject to the laws of the United States. KaiVitae may also transfer Personally Identifiable Information to some of its service providers which may store Personally Identifiable Information in jurisdictions other than where you reside. As a result, such Personally Identifiable Information may be subject to the law of the United States or other jurisdictions, including any law permitting or requiring disclosure of the information to governmental authorities.

European Residents

Note: The following section applies to residents of the European Economic Area, the United Kingdom, and Switzerland only.

For the purposes of this section, “personal data,” refers to the same term as it is defined in the EU’s General Data Protection Regulation (Regulation (EU) 2016/679) and refers to a broader range of data that may identify an individual than the capitalized term, “Personally Identifiable Information,” used above.

Notice to European Residents – Data Subject Rights

KaiVitae complies with applicable data protection laws and values your right to privacy. In furtherance of our obligations to you that flow from our data collection practices, if you are resident in the European Economic Area or UK, you are entitled to the following rights:

Right of access. You have the right to request copies of your personal data. We may charge you a small fee for this service.
Right of rectification. You have the right to request that we correct any information you believe is inaccurate. You also have the right to request that we complete the information you believe is incomplete.
Right to be forgotten. You have the right to request that we erase your personal data, under certain conditions.
Right to restriction of processing. You have the right to request that we restrict the processing of your personal data, under certain conditions.
Right of portability. You have the right to have the data we hold about you transferred to another organization.
Right to object. You have the right to object to our processing of your personal data, such as direct marketing (to the extent applicable). We may use your email address to send you communication relating to the FoodKey App services, account verification, changes to the FoodKey App, and technical and security notices.
Right to object to automated processing, including profiling. You have the right to not be subject to the legal effects of automated processing or profiling.

You also have the right to make a GDPR complaint to the relevant Supervisory Authority as defined in the GDPR. A list of Supervisory Authorities is available here. If you need further assistance regarding your rights, please contact us at hello@KaiVitae.com and we will consider your request in accordance with applicable law. In some cases, our ability to uphold these rights for you may depend upon our obligations to process personal data for security, safety or fraud prevention reasons, compliance with regulatory or legal requirements, or because processing is necessary to deliver the services you have requested. Where this is the case, we will inform you of specific details in response to your request.

You may access your FoodKey App account to access, correct or delete the information you provided to us and which is associated with your account. For instructions on accessing your information or otherwise for assistance with these rights please email us at hello@KaiVitae.com. In the event that we refuse a request under rights of access, we will provide you with a reason as to why. If you make a request, we will respond within one month of receiving your request.

Notice to European Residents - Lawfulness of Processing

We collect, use, and otherwise process your personal data based on the following:

Based on your consent. In some cases, at the point at which you provide personal data, we may ask you for your consent to collect and process your personal data. If you choose to provide us with your consent, you may later withdraw your consent (or opt-out) by contacting us as described in the “Contact Us” section below. Please note that if you withdraw your consent, it will not affect any processing of personal data that has already occurred. Where we process your personal data based on consent, we may provide more detailed information to you at the time when we obtain your consent.
Compliance with applicable laws or performance of a contract. In specific circumstances, we may need to process your personal data to comply with a relevant law/regulation or to fulfill our obligations under a contract to which you are subject. Where we process your personal data to meet our legal obligations, you will likely not be permitted to object to this processing activity, but you will usually have the right to access or review this information unless it would impede our legal obligations. Where we are processing your personal data to fulfill our obligations under a contract to which you are a party (e.g., to provide you with our services), you might not be able to object to this processing, or if you do choose to opt-out or object to our processing, it may impact our ability to perform a contractual obligation that you are owed.
Our legitimate interest. We may process your personal data based on our legitimate interests in communicating with you and managing our interactions with you regarding our services, scientific research, and educational opportunities. In addition to other rights, you may have as described above, you have the right to object to such processing of your personal data. You can register your objection by contacting us as described in the “Contact Us” section below.

If you have any questions regarding this Policy, please contact us via email at hello@KaiVitae.com.

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Privacy Policy

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FoodKey Application Privacy Policy

Layman's Version of This Privacy Policy