THE FOOD FOR HEALTH PROGRAM 

PRIVACY POLICY

Last Updated: September, 2023

This privacy policy (“Policy”) describes how Food For Health, Inc., a Wisconsin non-stock corporation or one of its subsidiaries or affiliates, including Food Benefit Company(collectively“we”, “our” or “us”) collects, uses and shares the personal information that you provide us when you participate in our program known as the Food For Health Program or or any other medically-tailored meal, health and/or wellness program or services offered or conducted by us (in each case, the “Program”), access or visit our websites (collectively, our “Sites”) access or use our web application or mobile application (our “App”).  access or view any video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the App (“Content”). , or access or use of any of the interactive features of the App designed to facilitate interaction between you and us (the“Interactive Services”). We refer to the Program, the Sites, the App, the Content, and Interactive Services collectively as our “Food For Health Offerings” 

Please read this Policy carefully. We will update this Policy from time to time. If we make material changes to this Policy, we will prominently display that we have made changes at the top of the Policy or the Sites or otherwise notify you of any updates. We encourage you to review our Policy regularly.

1. CATEGORIES OF PERSONAL INFORMATION we collect

We collect personal information and other information that you provide to us when you use the Service.  We have set forth below the following categories of personal information we may collect from your you when you use our Service and examples of the type of information in each category:

• Contact Information: Name, email address, phone number, street address and PO box.
• Participant Records Information: Food preferences, meal selections, existing medical conditions, hair color, eye color, health, wellness, and fitness goals and plans, information taken by our coaches, name of healthcare providers, primary diagnosis code, biographical information, medical history, eligibility questionnaire results; health assessment or questionnaire results; food allergies, health insurance information, income information, information you provide related to your social media accounts, and other health-related information that you provide to us relating to the Program.
• DemographicInformation:Gender, age, ethnicity, race, disability, and veteran status.
• Commercial Information:  The meals which you order from the Program and delivery information.
• Internet Activity Information:   IP address, browsing and search history when visiting our Sites.
• Test Results:   Test results, data and other information collected though any lab test, blood panel or other health screening conducted in connection with the Program, which may include but is not limited to A1c and Lipids, blood pressure, height, weight, height, body mass index.
• Program-Released Information and Results:  Health outcomes, Program utilization, satisfaction and retention information in connection with your participation in the Program, whether submitted by you or collected from other sources. 
• Sensory Information:  Photographs or voice recordings.
• Professional or employment-related information.  
• Education information: Schools attended and graduation dates.
• Inferences: We may draw inferences based on the above information to create a profile reflecting your preferences or characteristics to better serve you.

2. HOW WE COLLECT PERSONAL INFORMATION 

We collect personal information from the following sources:

• Information You Provide To Us.  When you enroll in our Program, register for or use our Food For Health Offerings, choose and order meals, work with our health coaches, contact us with questions or comments, respond to surveys or participate in market research, participate in lab tests, blood panels or other health or wellness screenings, participate in contests, sweepstakes and promotional activities, request customer service assistance and when you sign up for communications from us.  
• Information We Collect Automatically.  We collect some personal information and technical information, including your IP address, automatically when you use our Service or through online advertisements. For example, we automatically collect information about your visits and interactions with the Sites, though the use of various tools like cookies and web beacons. The information may include IP addresses, type of browser, internet service provider, date/time stamp, referring/exit pages, clicked pages and any other information your browser may send to us. 
• Information We Collect From Other Sources.  We collect personal information about you from third-party sources. For example, we may collect personal information you submit to a social media network. We may also collect personal information from other companies, clients, your employer, organizations, or third-party partners. Additionally, if you choose to log in to our Food For Health Offerings using a social media account, we may receive certain profile information about you from your selected social media provider. Please note that we do not control, and are not responsible for, uses of your personal information by your third party social media provider. 
• Information We Combine. We may conduct research on user demographics, interests and behavior or engage in other activities based on identifiable personal information and/or information that we aggregate or de-identify. Aggregated or de-identified information is not considered personal information and does not identify a specific individual personally. We may share this aggregated or de-identified information with our subsidiaries, affiliates, agents, clients, business partners, and/or other third parties.

3. HOW WE USE PERSONAL INFORMATION

We may use your personal information to operate our business and to market and conduct our Food For Health Offerings and our Program.  We may use personal information for the following business purposes: 

• To Provide the Service.  For order fulfillment, health coaching, to determine eligibility, to provide you with health assessments and questionnaire results, to provide other health or wellness screenings, and to provide other related products or services.
• To Operate our Business. To provide the Food For Health Offerings, to operate, evaluate and/or improve the Program, for accounting, business, legal, purchasing and similar purposes, and to enter into business transactions.
• To Communicate with You and Respond to Your Requests. For customer service reasons, to provide you with information about the Program, the Food For Health Offerings and related events and offerings, to inform you of changes to this Policy or our Website Terms, to discuss an order with you, to respond to your questions and comments, to resolve any concerns you may have, to maintain your accounts and to process your requests.
• To Advertise or Market Products or Services.  To advertise or market products and services to you, including to deliver direct mail, email, mobile messages, social media notifications and other electronic marketing communications, including sending personalized or interest-based advertising to you.
• Market Research.  To conduct market research and analytics about the Program, the Food For Health Offerings, and our business.
• Contractual Obligations.  To negotiate agreements and to meet our legal obligations under such agreements, which may include sharing your personal information with your employer, insurer or benefit plan if you are enrolled in a Program through your employer, insurer or benefit plan.
• Contests, Sweepstakes and Rewards.  To operate contests, sweepstakes and rewards programs.
• Legal and Regulatory Compliance. To comply with applicable laws, to assist law enforcement and to respond to regulatory or other legal inquiries. 
• To Protect Our Rights and the Rights of Others. To protect the Company, our participants, program members, service providers, Clients, employees and users of our Sites or the App, to enforce our Terms of Use, and to detect, prevent, or otherwise address fraud or security issues.
• Improvements.  To improve our Service and the Program.
• Operation and Security of the Services and Personal Information.  To secure the Sites and protect our data, including your personal information, for data security purposes, to protect against illegal, fraudulent or deceptive activities, to protect our rights or our property and to ensure the technical functionality and security of the Food For Health Offerings.
• Process Job Applications.  To process job applications or to communicate with you about your employment application.
• As Otherwise Permitted by Law. 

4. When We Share Personal Information with Third Parties   

We may share the personal information we collect from or about you to operate our business with the following third parties:  

• Affiliates. We may share personal information with our affiliates in connection with our business. 
• Service Providers.  We may share personal information with third party service providers that assist us in operating the business, the Program or the Food For Health Offerings. For example, we use service providers to assist us in operating the Sites, to safeguard personal information, perform advertising and marketing services, collect payments, and to receive accounting, technical, legal and insurance services to support our business. We also use service providers for technical and customer support, application development, tracking and reporting functions, quality assurance, and other services. We may use service providers to assist us in delivering meals, serving as coaches, conducting lab tests, blood panels and other health or wellness screenings, running promotions and communicating with you on our behalf. In certain cases, those service providers may share certain personal information with their subcontractors, but only to assist with our business. 
• Advertisers. We may use advertising services to assist us in marketing our Food For Health Offerings and Program based upon your interests and in order to display content that is relevant to you (“Interest-Based Advertising”). Those services may target advertisements on our Sites as well as third-party websites based on cookies or other information indicating previous interaction with our Service. These third parties may collect information from your use of our Food For Health Offerings over time and that information may be combined with information collected about you across different websites and online services. These third party advertisers may be participants in the Network Advertising Initiative and/or the Digital Advertising Alliance, which allow users to opt-out of ad targeting from participating organizations. To learn more about interest-based advertising, or to opt-out of having your information used by certain third parties for behavioral advertising purposes, go to  www.aboutads.info/choices or http://www.networkadvertising.org/choices/. 



Please note that when you opt-out of receiving interest based advertising, this does not mean you will no longer see advertisements from us. 

• Business Partners.  From time to time, we may partner with other companies to jointly offer products or services. If you purchase or specifically express interest in a jointly-offered product or service from us, we may share information collected in connection with your purchase or expression of interest with our joint promotion partner(s). We do not control our business partners’ use of the information we collect, and their use of the information will be in accordance with their own privacy policies.
• Employers, Insurers, and Health Plans (“Our Clients”).  We may offer our Food For Health Offerings through our Clients, such as certain employers, insurers and health plans which they offer as a benefit to employees. We may share your personal information, including information concerning your lab tests and/or blood panels results and other health or wellness screenings information, health outcomes, program utilization, satisfaction and retention with those Clients in order to assist them in evaluating the Program and the Service and how it assists their employees, participants or members.
• Healthcare Providers and Coaches. We may share personal information with healthcare providers and coaches, or your relatives with your consent.
• Law Enforcement; Legal Proceedings.  We may share your personal information with law enforcement, the courts or in legal proceedings, for example to respond to a court order or subpoena. We may share your information with US government agencies when required by law.  
• With Your Consent or at Your Direction. We may share your personal information with other persons or entities with your consent.
• In Connection with a Business Transaction.   We may share your personal information with third parties in connection with any proposed transaction related to a change of control of our business, including those interested in purchasing our business or assets in conjunction with a proposed or actual merger, purchase, sale, joint venture, or any other business combination or in connection with a bankruptcy or similar proceeding and may transfer ownership of that personal information in connection with those transactions. 
• To Protect Our Rights and the Rights of Others.   We may share your personal information in order to enforce our Terms of Use, to detect, prevent, or otherwise address fraud or security issues; and to protect against harm to the rights, property or safety of us, our users, or the public.

5. USE OF COOKIES AND OTHER TRACKING DEVICES

What are Cookies and Tracking Technologies?

We may use cookies, pixels, log files and other techniques to collect information about your computer, browsers, or other devices that you use to access our Sites, including IP address, time zone, device identifiers and other unique identifiers, browser type, browser language, operating system name and version, device name and model, version, referring and exit pages, dates and times of Service access, links clicked, features used, crash reports and session identification information. 

We may also use web beacons alone or in conjunction with cookies to compile information about your usage of our Service and your interaction with emails from us. Web beacons are clear electronic images that can recognize certain types of information on your computer, such as when you viewed a particular site tied to the web beacon. We may use web beacons to operate and improve our Service. 

How Do We Use Cookies and Other Tracking Technologies?

We use cookies to make interactions with our Service easy and meaningful, to obtain analytics data about the Sites and to deliver personalized advertisements to you across your devices. When you visit our Service, our servers may send a cookie to your computer. We may use cookies that are session-based or persistent. Session cookies exist only during one session. They disappear from your computer when you close your browser software or turn off your computer. Persistent cookies remain on your computer after you close your browser or turn off your computer. We use cookies that enable you to navigate our Service and use its features, such as accessing secure areas of our Service. Because required cookies are essential to operate our Service, there is no option to opt out of these cookies. We use cookies to provide features and services such as:

• Remembering your preferences and allowing you to enter your information less frequently;
• Presenting information that is targeted to your interests, which may include our content presented on another website;
• Measuring the effectiveness of our Service, content, and advertising; and
• Providing other services and features that are only available through the use of cookies.

Google Ads

We use Google Ads on our Site to serve targeted advertising to you. Google and other third party vendors use cookies to serve ads based on a user's prior visits to out Sites or other websites. Google's use of advertising cookies enables Google and us to serve ads to you based on your visit to our Site and/or other sites on the Internet. You may opt out of personalized advertising by visiting Ads Settings. Alternatively, you can opt out of a third-party vendor's use of cookies for personalized advertising by visiting www.aboutads.info

Your Privacy Choices

The Options/Settings section of most internet browsers will tell you how to manage cookies and other technologies that may be transferred to your device, including how to disable such technologies. can disable our cookies or all cookies through your browser settings, but please note that disabling cookies may impact some of our Service features and prevent the Service from operating properly. To change your preferences with respect to certain online ads and to obtain more information about third-party ad networks and online behavioral advertising, visit National Advertising Initiative Consumer opt-out page or the Digital Advertising Alliance Self-Regulatory Program. Changing your settings with individual browsers or ad networks will not necessarily carry over to other browsers or ad networks. As a result, depending on the opt-outs you request, you may still see our ads. 

6. RETENTION

We reserve the right to retain any personal information we collect as long as it is needed to: (i) fulfill the purposes for which we collected the information, and (ii) as permitted by applicable law.

7. DATA SECURITY 

We take the protection of your personal information seriously and use reasonable and appropriate physical, administrative, and technical measures to protect the information collected from you when you participate in our Program or use the Food For Health Offerings.

8. OPT-OUT OF EMAIL COMMUNICATIONS

You may choose not to receive future promotional or advertising emails from us by selecting an unsubscribe link at the bottom of each email that you receive from us. Additionally, you may send a request specifying your communications preferences to support@foodforhealth.org. You cannot opt out of receiving transactional emails related to the performance of our Service. Please note that even if you opt out of receiving emails, we may still send you a response to any “Contact” request as well as administrative, maintenance and operational emails (for example, in connection with a password reset request).

9. CHILDREN'S PRIVACY

Our Service is not intended for or directed to individuals under 13 years of age, and we do not knowingly collect any personal information from children under the age of 13. When a user discloses personal information on our Service, the user is representing to us that he or she is at least eighteen (18) years of age. 

If you are under 18 and a registered user, you can request that we remove content or information that you have posted to our Sites. Note that fulfilment of the request may not ensure complete or comprehensive removal (e.g., if the content or information has been reposted by another user). 

10. LINKS TO OTHER SITES

Our Sites may include links to other third party websites as a convenience to you. If you click on one of those links you will be taken to websites we do not control, and this Policy does not apply to those third party websites. The inclusion of any link does not imply our endorsement of any other company, its site(s), or its product(s) and/or service(s). We are not responsible for the privacy practices or content of any other site.

11. LOCATION-BASED SERVICES

Where you have opted in to sharing your location information, we may use various technologies to collect your information as described in this Policy to provide you with location-based services and content, including for marketing purposes. You can opt-out from further allowing us to access your location data, by adjusting the permissions in your mobile device. 

12. SOCIAL MEDIA, ADS, AND PLUG-INS

We engage with guests on multiple social media platforms (e.g., Facebook and Instagram). If you contact us on one of our social media platforms, request guest service via social media, or otherwise direct us to communicate with you via social media, we may contact you via direct message or use other social media tools to interact with you. In these instances, your interactions with us are governed by this Policy as well as the privacy policy of the social media platform you use.  We may display targeted ads to you through social media platforms and other websites. These ads are sent to groups of people who share traits such as likely commercial interests and demographics.

Our Sites may use social media plug-ins (e.g., the Facebook "Like" button, "Share to Twitter" button) to enable you to easily interact with certain social media websites (e.g., Facebook, Twitter, Instagram) and share information with others.  When you visit our Sites, the operators of the available social media plugins can place a cookie on your device enabling such operators to recognize individuals who have previously visited our Sites.  If you are logged into these social media websites while visiting our Sites, the social media plugins allow the relevant social media websites to receive information that you have visited our Sites or other information.  The social media plugins also allow the applicable social media websites to share information about your activities on our Sites with other users of the social media website.  For example, Facebook Social Plugins allow Facebook to show your "Likes" and comments on our Sites to your Facebook friends.  Facebook Social Plugins also allow you to see your friends' Facebook activity on our Sites.  We do not control any of the content from the social media plugins. 

13. CALIFORNIA SHINE THE LIGHT LAW

If you are a California resident, you may request that we provide you with certain information about the entities with which we have shared your personal information for the entities own direct marking purposes during the preceding calendar year. To do so, please write to us at the following address: Food For Health, Inc., 2007 N Martin Luther King Jr. Drive, Milwaukee, Wi 53212, Attn: Chief Executive Officer.

We do not currently respond or take any action with respect to web browser "do not track" signals or other mechanisms that provide consumers the ability to exercise choice regarding the collection of information about an individual consumer's online activities over time and across third-party websites or online services. 

14. HOW TO CONTACT US

Any comments, concerns, complaints, or questions regarding our Policy may be addressed by contacting our support team by phone at (414) 501-5274 or by email at support@foodforhealth.org. Please note that email communications may not be secure. Accordingly, you should not include personal or other sensitive information in your email correspondence. 

Accept

THE FOOD FOR HEALTH PROGRAM TERMS OF SERVICE 

(Updated as of September, 2023)

Please read these Terms of Service (“Terms”) as they apply to your access to and use of The Food For Health Program.

Welcome to the medically-tailored meal, health and wellness program known as “The Food For Health Program” or by another name (in each case, the “Program”) offered to you by Food For Health, Inc., a Wisconsin non-stock corporation or one of its subsidiaries or affiliates, including Food Benefit Company (collectively, the “Company” or “Food For Health”).  All meals for the Program will be prepared and packaged by the Company or an affiliate thereof.  All references to “Food For Health” or “FFH” or “we” or “us” herein shall Food For Health and/or any subsidiary or affiliate thereof, as appropriate. 

These Terms  govern: (a) your enrollment and participation in the Program and the services that may be offered thereunder, including all aspects of the meal delivery service, and any biometric screening, health and wellness coaching, educational sessions, and any biometric screening, health and wellness coaching, educational sessions, and any other benefit or service that is or may be provided as part of the Program, (b) your access and/or use of the Food For Health Program web application (the “App”), (c) your access and/or viewing of any video, audio, stories, text, photographs, graphics, artwork and/or other content featured on the App (“Content”) and/or (d) your access and/or use of any of the interactive features of the App designed to facilitate interaction between you and the Company (the “Interactive Services” and together the Program, App and Content, the “Food For Health Offerings”).

By participating in the Program and using the Food For Health Offerings, you acknowledge that you have read, understood, and agree to be legally bound by these Terms.  By enrolling and participating in the Program, and using the Food For Health Offerings, you represent that you are at least eighteen (18) years of age and have the requisite power and authority to enter into these Terms and perform your obligations hereunder.

If you do not agree to these Terms, you may not use the Food for Health Offerings.

Modification of Terms 

We may amend or modify these Terms from time to time in our sole discretion. In such event, we will use reasonable efforts to notify you of such amendments or modifications via the App, email or other means of communication, but in no event shall we be obligated to provide you with notice of such amendments or modifications. The latest version of the Terms will be posted on the App, and you should review these Terms prior to enrolling in the Program and from time to time thereafter. By continuing to participate in the Program and using any of the Food For Health Offerings, you hereby agree to comply with, and be bound by, the updated Terms, as in effect at that time. All amendments or modifications to the Terms shall be effective immediately upon publication on the App, regardless of whether you are separately notified of the same.    

Enrollment & Registration

During the enrollment and registration process, you will be asked to create a user account and establish a username and password for the App.  Your account is for your personal, non-commercial use only.  In creating it, we ask that you provide complete and accurate information.  Please read our Privacy Policy on how this information will be used.  You acknowledge that you are responsible for maintaining the privacy and security of your user account (including your username and password) and you are responsible for all activities that occur in connection with your user account made by you or anyone you allow to use your user account.  You agree not to share access to your username and password and to safeguard them from access by others.  You are responsible to reimburse Food For Health for losses incurred by Food For Health or another party due to someone else using your account or password.  Food For Health has the right to disable any username, password or other identifier, whether chosen by you or provided by Food For Health, at any time, in its sole discretion. 

Food For Health reserves the right to terminate or amend the Program, Food For Health Offerings, and any service or material we provide on the App, in its sole discretion without notice.  Food For Health will not be liable if for any reason all or any part of the App is unavailable at any time or for any period.  From time to time, Food For Health may restrict access to some parts of the Program or the Food For Health Offerings. 

Program Eligibility

Program eligibility is based upon criteria mutually agreed to by the Company and your insurer, health plan, or employer (as applicable, “Client”) from time to time, which will include, at a minimum, income, geography, and existing medical conditions (“Eligibility Criteria”). If you have received a separate electronic communication from the Company with an electronic link to the App to begin the Program enrollment process, you were believed to be an eligible participant who satisfied the Eligibility Criteria in place at the time of your enrollment and registration in the Program. You may lose your ability to participate in the Program if you fail to meet or satisfy the Eligibility Criteria. If you no longer meet the Eligibility Criteria to participate in the Program, you will be removed from the Program within thirty (30) days.  Further, the Company shall have the right to remove you from the Program at any time if the Company determines, in its sole discretion, removal is necessary or appropriate for the administration and/or operation of the Program.

App Hosting

While the App is owned by the Company, it will be managed, operated, maintained, and hosted by an independent, third-party provider for the App designated by Company. Notwithstanding the foregoing, such third-party provider is not affiliated or under any common control with the Company or any of its subsidiaries or affiliates.  

Access to the App

You shall be responsible, at all times, for ensuring that you have an applicable mobile device and/or computer and service necessary to access the App.  Food For Health does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device or computer.  Food For Health does not guarantee that the App can be accessed: (a) on all mobile devices or computers; (b) through all wireless service plans; and/or (c) in all geographical areas.  Standard messaging, data and wireless access fees may apply to your use of the App.  You are fully responsible for all such charges and Food For Health has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier. 

You agree that the App may not be transferred or exported into any other country or used in any manner prohibited by U.S. or other applicable export laws and regulations.  The Food For Health Offerings are subject to, and you agree that you shall at all times comply with, all local, state, national and international laws, statutes, rules, regulations, ordinances and the like applicable to use of the Food For Health Offerings.  

Content in App

The App contains Content that includes, but is not limited to, information pertaining to the Food For Health Offerings. The App may also contain blog posts and third-party links.  The Content in the App is offered for informational purposes only and is at all times subject to any and all disclaimers contained herein, and in the App. 

Changes to the App

Food For Health may from time to time in its sole discretion update the Content on the App.  While Food For Health tries to keep Content accurate and up to date, its Content is not necessarily complete or up to date at any point in time. Company has no obligation to provide any updates or to continue to provide or enable any particular features or functionality of the App.  Based on your mobile device settings, when your mobile device is connected to the internet either: (a) the App will automatically download and install all available updates; or (b) you may receive notice of or be prompted to download and install available updates.  You shall promptly download and install all updates and acknowledge and agree that the App or portions thereof may not properly operate should you fail to do so. You further agree that all updates will be deemed part of the App and be subject to these Terms.

Privacy Policy

When you participate in the Program as well as access and use the App, we may collect personal information about you, the device you use to access the App and about your use of the Food For Health Offerings. For information regarding how we collect, use and store personal information, please see our Privacy Policy.  

Links from the App

The App contains links to other sites and resources provided by third parties.  These links are provided for your convenience only.  Food For Health has no control over the contents of those sites or resources and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the App, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. 

The App may include Content provided by third parties.  All statements and/or opinions expressed in those third-party materials, articles, responses to questions and other third-party content, other than the Content provided by Food For Health, are solely the opinions and the responsibility of the person or entity providing those materials.  These materials do not necessarily reflect the opinion of Food For Health.  Food For Healthis not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties. 

Intellectual Property Rights

Food For Health is the owner or licensee of all intellectual property rights in and to the Program, the Food For Health Offerings, the App and the Content. The App and its Content are protected by the copyright laws of the United States. Food For Health retains all right, title and interest in and to the App and the Content, including all intellectual property rights associated with the App and the Content. Except as expressly provided immediately below, you have no intellectual property rights in the App (including any rights to use the trademarks, trade names, service marks, logos, domain names, and other distinctive brand features), and Food For Health reserves all rights not expressly granted to you.  

License to Use

Food For Health grants you a personal, non-exclusive, non-transferable, non-sharable, revocable, limited license to access and use the App and the Content solely for personal, non-commercial use in accordance with these Terms for the time period you are a Participant in the Program . If your participation in the Program terminates for any reason, the license granted by Food For Health to access and use the App will automatically terminate. 

Acceptable Use Policy

You agree that you will only use the App and the Content in accordance with these Terms and applicable laws and regulations.  Without limiting the foregoing, in connection with your use of the App and the Content, you shall not:

• Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
• Impersonate another person or log into an account which you are not authorized to access;
• Use or attempt to use another user’s account without authorization from Food For Health;
• Use the App in any manner that could interfere with, disrupt or negatively affect or inhibit other users from fully enjoying the use of the App or that could damage, disable or impair the functionality of the App in any manner;
• Interfere or attempt to interfere with service of the App or any user, host or network, including by way of introducing a virus, overloading, “flooding” or crashing, or sending unsolicited e-mail, promotions or advertisements;
• Copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, reverse-engineer, decompile, disassemble or make derivative works of the App or its Content or do anything that may discover source code or bypass or circumvent measures employed to prevent or limit access to any part of the App; 
• Develop or use any third-party applications that interact with the App without our prior written consent from Food For Health;
• Use the App or the Content for unlawful purposes;
• Submit inaccurate, incomplete, or out-of-date data via the App, commit fraud or falsify data in connection with your use of the App, or act maliciously against the business interests or reputation of Company;
• Engage in data mining or similar data gathering or extraction activities or retrieve data or other Content from the App for purposes of creating or compiling that data or  Content for any purpose;
• Access, use, or copy any portion of the App, including any of its Content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms; or
• Use the App to transmit upload, or otherwise provide any data or material that contains any viruses, worms, Trojan horses, logic bombs, time bombs, cancelbots, ransomware, adware, or any other type of Malware.

Use of the App for the Offerings

If you meet the Eligibility Criteria, you will be able to use the App to order meals (with the ability to choose individually prepared meals, ready to finish meals, and/or Smart Snack bundles), receive educational materials, log activity, provide meal feedback, and message with health coaches (as applicable). 

Delivery of Meals

Food For Health will deliver meals once per week directly to the address that you provide us within our our delivery area. If you are not at the provided delivery location at the time of delivery, Food For Health will leave the package at the door. All meals will be individually prepared and medically tailored by Food For Health to each participant in the Program.

Please inspect each delivery immediately to confirm the meals arrive in a cool, refrigerated condition. To maintain the integrity and quality of the meals, you should refrigerate all meals immediately upon receipt of your delivery. When ready to consume the meals, you should heat the meals in accordance with the instructions provided.

In case of bad weather, extreme temperatures or other events that interfere with our ability to make any delivery, Food For Health may, in its discretion, adjust, suspend or reschedule a delivery.  Food For Health will attempt to make such delivery as soon as reasonably possible, and we will attempt to contact you regarding any delivery delays, complications or adjustments.  If you are expecting a delivery and have not received such delivery, or if any delivery contains less than the meals expected to be delivered, please contact our support team at support@foodforhealth.org or (414) 501-5274.

Coaching

Health and wellness coaching will be provided to Program participants as an additional benefit by a health coach assigned or provided by Food For Health. Coaching will be performed remotely at a frequency defined by your Program, and includes personal and health goal setting, a health report card, along with health and wellness tips and education.

Payment of Program Fees

Unless otherwise agreed to by you and the Client or by us and the Client (with subsequent notice to you by us or the Client), the Client will generally pay all Program fees directly to us on your behalf, and you will generally not be responsible for the payment of any applicable Program fees.

Ingredients

Food For Health reserves the right to determine the ingredients to be used in any meals delivered to you by Food For Health. All meals delivered by Food For Health will contain labels that set forth the ingredients contained in the delivered meals.  

The meals delivered to you by Food For Health may include ingredients that you are allergic to.  You should always check the ingredients on the meals that you receive from Food For Health to avoid potential allergic reactions.  If you have or suspect that you have an allergic reaction or other adverse health event, promptly call 911 or contact your health care provider. 

All major U.S. allergens, as determined from time to time by the U.S. Food and Drug Administration (“FDA”) (including, without limitation, milk, wheat, egg, soybeans, fish, crustacean shellfish, peanuts, tree nuts and sesame), may, at any time, be stored, portioned and packed in each of Food For Health’s facilities.  Although Food For Health takes precautions to limit the potential for cross-contamination, cross-contamination may occur between food products, allowing meals or other products offered in connection with the Program to contain some or all of those allergens.  Because of this risk of cross-contamination, the Program is not appropriate for people with severe allergies or gluten intolerance. 

No Medical Advice

THE PROGRAM AND THE FOOD FOR HEALTH OFFERINGS ARE INTENDED ONLY TO ASSIST PARTICIPANTS IN THE PROGRAM WITH THEIR PERSONAL HEALTH AND WELLNESS IMPROVEMENT EFFORTS. WE ARE NOT A MEDICAL PROVIDER OR A HEALTHCARE PROVIDER AND NEITHER WE NOR OUR EMPLOYEES, COACHES OR CONTRACTORS, THROUGH THE FOOD FOR HEALTH OFFERINGS OR OTHERWISE, PROVIDE MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. WE ARE NEITHER LICENSED NOR REQUIRED TO BE LICENSED AS A HEALTHCARE PROVIDER IN CONNECTION WITH THE PROGRAM. IF ANY COMPANY EMPLOYEE, COACH OR CONTRACTOR POSSESSES A HEALTHCARE LICENSE, SUCH EMPLOYEE, COACH OR CONTRACTOR WILL NOT BE PROVIDING SERVICES OR OTHERWISE WORKING WITHIN THE SCOPE OF HIS OR HER LICENSE AS PART OF THE PROGRAM. NOTHING STATED OR POSTED ON THE APP OR OTHERWISE MADE AVAILABLE THROUGH THE PROGRAM OR THE FOOD FOR HEALTH OFFERINGS SHOULD BE CONSTRUED AS MEDICAL ADVICE, TREATMENT OR DIAGNOSIS. THE CONTENT AND INFORMATION OBTAINED FROM THE APP IS FOR INFORMATIONAL PURPOSES ONLY. THE APP IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, TREATMENT OR DIAGNOSIS.  

ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTHCARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION OR BEFORE ADOPTING ANY DIETARY ADVICE OR PARTAKING IN ANY DIETARY OPTIONS, OR ANY EXERICSE REGIMEN OR RELATED WELLNESS MEASURES OR ALTERNATIVES, WHETHER OFFERED THROUGH OR BY THE PROGRAM, FOOD FOR HEALTH OFFERINGS OR OTHERWISE. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF INFORMATION YOU HAVE OBTAINED THROUGH THE PROGRAM, THE APP OR ANY OTHER FOOD FOR HEALTH OFFERINGS. 

Disclaimer of Warranties

THE FOLLOWING DISCLAIMER SHALL APPLY TO YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.  THE PROGRAM AND ALL FOOD FOR HEALTH OFFERINGS ARE PROVIDED TO YOU BY FOOD FOR HEALTH ON AN “AS IS” AND “AS AVAILABLE” BASIS.  FOOD FOR HEALTH HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES REGARDING THE PROGRAM AND FOOD FOR HEALTH OFFERINGS, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS.  FURTHERMORE, FOOD FOR HEALTH MAKES NO WARRANTY THAT EITHER THE PROGRAM OR ANY OF THE FOOD FOR HEALTH OFFERINGS: (A) WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS; (B) WILL BE AVAILABLE, TIMELY, CURRENT, SECURE OR ERROR-FREE; (C) WILL BE OF A QUALITY THAT MEETS YOUR EXPECTATIONS; (D) WILL BE FREE OF HARMFUL COMPONENTS; OR (E) WILL RESULT IN ANY SPECIFIC DIETARY BENEFIT, WEIGHT LOSS OR OTHER HEALTH-RELATED OUTCOME.  

Limitation of Liability

THE FOLLOWING LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL FOOD FOR HEALTH OR ANY SUBSIDIARY AFFILIATE OR CONTRACTOR THEREOF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND/OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS), WHETHER OR NOT CONTEMPLATED OR FORESEEABLE ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM OR ANY FOOD FOR HEALTH OFFERINGS, INCLUDING YOUR PARTICIPATION IN THE PROGRAM AND USE OF ANY FOOD FOR HEALTH OFFERINGS. THE FOREGOING LIMITATION SHALL NOT APPLY TO ANY WILLFUL MISCONDUCT OF FOOD FOR HEALTH IN PERFORMING ITS OBLIGATIONS UNDER THESE TERMS OR WITH RESPECT TO THE FOOD FOR HEALTH OFFERINGS.

THE LIMITATION SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF FOOD FOR HEALTH’S AGREEMENT TO ENROLL YOU IN THE PROGRAM AND TO ALLOW YOU TO PARTICIPATE IN THE PROGRAM AND ANY FOOD FOR HEALTH OFFERINGS.  

Indemnification

You agree to indemnify, defend, and hold Food For Health, its officers, employees, members, managers, subsidiaries, affiliates, agents, licensors, and suppliers, harmless from and against any claims, damages, liabilities, losses, costs, expenses, and actions or demands, including without limitation, reasonable legal and accounting fees, arising from, or alleged to arise from, or otherwise related to (i) your breach or violation of these Terms or (ii) your breach or violation of any enrollment or registration materials for the Terms.  

Governing Law and Jurisdiction

These Terms, your use of the App and the Food For Health Offerings shall be governed by and construed in accordance with the laws of the State of Wisconsin, without regard to its conflict of laws rules. You agree to submit to the exclusive personal jurisdiction of the state and federal courts located in Milwaukee County, Wisconsin with respect to any legal proceedings arising out of the Terms, your use of the App or the Food For Health Offerings.

Waiver and Severability

No waiver by Food For Health of any of the terms and conditions set forth in these Terms shall be deemed a further or continuing waiver of such Terms, and any failure of Food For Health to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. 

If any provision of these Terms is held by an arbitrator, court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. 

Notice

Food For Health may deliver notice to you pursuant to these Terms by means of electronic mail or by written communication delivered by U.S. mail to your address on record in the enrollment and registration materials.  You may give notice to Food For Health at any time via electronic mail or by letter delivered by first class postage prepaid U.S. mail or overnight courier to the following address: Food For Health, 2007 N Martin Luther King Jr. Drive, Milwaukee, WI 53212, Attn: Chief Executive Officer. 

Telephone Calls 

Upon registration for an account, you will be asked to provide us with a telephone number at which we can reach you. That number is required for delivery of meals and so that Food For Health can reach you with informational calls related to the Program and the Food For Health Offerings. All calls to and from Food For Health Company may be monitored or recorded for quality and training purposes. 

End User Support

If you have any issues with the App, a delivery or the meals, you may contact our support team by phone at (414) 501-5274 or by email at support@foodforhealth.org.  The customer support team is available five days a week (excluding Holidays), Monday-Friday 9 a.m. to 5 p.m. Central time and during all delivery hours for delivery related questions. “Holidays” means any day on which commercial banks located in Milwaukee, Wisconsin are authorized or required by law to be closed for business.

Termination

These Terms and your use of the App are effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated.  

Food For Health reserves the right to terminate or suspend your participation in the Program and/or any Food For Health Offerings at any time for any reason or no reason.  You may terminate your participation in the Program and the Food For Health Offerings at any time for any reason or for no reason by contacting our support team by phone at (414) 501-5274 or by email at support@foodforhealth.org. 

Notwithstanding any other provision to the contrary, these Terms will apply to any delivery of meals under the Program or any other Food For Health Offerings, even if delivered and/or received after the termination of your participation in the Program.

Entire Agreement

These Terms, together with any other documents referred to or incorporated herein by reference, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein.

[END OF TERMS – NOTHING FURTHER AFTER THIS POINT]

Accept

AUTHORIZATION TO RELEASE OF PROTECTED HEALTH INFORMATION 

THE UNDERSIGNED (“You”) or (“Your”) is a participant in a medically-tailored meal, health and/or wellness program (the “Program”) conducted by Food For Health, Inc. or its subsidiary, Food Benefit Company (collectively, “We” “Us” or “Our”) and hereby authorizes the use and disclosure of Your protected health information as described below.

a. We are authorized to use and disclose the below identified protected health information to Our client (“Client”), which is the sponsor of the Program, under the terms specified herein.

b. Specific description of information to be used and disclosed:

• Participant Records Information: Food preferences; meal selections; existing medical conditions; hair color; eye color; health, wellness, and fitness goals and plans; information taken by Our coaches; name of healthcare providers; primary diagnosis codes; biographical information; medical history; eligibility questionnaire results; health assessment or questionnaire results; food allergies; health insurance information; income information; and other health-related information that You provide to Us relating to the Program;

• Test Results: Test results, data and other information collected though any lab test, blood panel or other health screening conducted in connection with the Program, which may include but is not limited to A1c and Lipids, blood pressure, height, weight, height, body mass index; and

• Program-Released Results: Health outcomes, Program utilization, satisfaction and retention information in connection with Your participation the Program.

c. Reason for use and disclosure of information:

• Assisting Us to conduct the Program;

• Assisting Us to provide services and goods under the Program; and

• Assisting Us and the Client evaluate and improve Program-related outcomes, utilization, satisfaction, and retention.

d. We will not receive any financial or in-kind compensation or remuneration in exchange for using or disclosing Your protected health information, as described above.

e. This authorization will expire six (6) months after the Program ends.

ACKNOWLEDGEMENTS: 

I understand that:

• This authorization is voluntary and I may refuse to sign it.

• I may revoke this authorization at any time prior to its expiration date by sending a written revocation notice to each entity that I previously authorized to disclose health information.

• Revocation of this authorization will not have any effect on any actions that the entity took before it received a revocation notice from me.

• I am not required to sign this authorization as a condition to receiving treatment or payment for health care; enrolling in a health plan; or establishing eligibility for benefits.

• The information that is used or disclosed pursuant to this authorization may be redisclosed by the receiving person or organization and, upon redisclosure, no longer be protected by federal privacy laws.

Accept