Healthrageous Healthy Eating Concierge Program Terms and Conditions and Privacy Policy

We hope that you find the Healthrageous Healthy Eating Concierge Program (“Program”) useful in providing information and services to help you make good choices and eat in a healthy way, appropriate to your circumstances.

Healthrageous LLC (“Healthrageous”) owns and operates websites, online and SMS texting platforms, and other services that link to this Privacy Policy and Terms of Use (collectively, the «Services»). Healthrageous is referred to as «We,» «Us,» or «Our.» The words «You», «Your», “Me” refers to any visitor or user of the Services.

By submitting the Program enrollment form, clicking on the “Complete order” button, or accessing or using the Program, you consent and agree to:

• Receive email messages, standard text messages and secure chat messages related to this program, your condition and the services offered to you. The Program sends standard texts to your device, and messages [are encrypted and] sent via secure chat, accessible by you from a password-protected website. We will not send in standard text messages your “protected health information” (PHI) (as defined by the federal Health Insurance Portability and Accountability Act of 1996, the Health Information Technology for Economic and Clinical Health Act and their implementing regulations as amended from time to time (collectively, “HIPPA”), but secure chat messages from and to your Program “concierge” may contain PHI. You acknowledge that standard texts are not encrypted and not considered a secure technology, and that any standard text messages that you receive may indicate personal information and possibly the nature of your condition and may be intercepted or viewed by other people who have access to your mobile device.
  • You are responsible for letting us know if your mobile device, phone number, email or contact information changes. Failure to update us about a change to your mobile device, number, or email could result in personal information being viewed by an unintended third party, for which we will not be liable. You also are responsible for securing and safeguarding your self-generated personal identification number (PIN) and security question responses through which you set up access to secure chat messages, and you agree that you will not share or allow anyone else to know or use your access credentials, and to notify us immediately if you believe that your credentials may have been compromised. Failure to do so may result in exposure of your PHI.
  • We are not liable for delayed or undelivered messages. Message and data rates may apply which you are responsible. You may text “STOP” to cancel messaging for the Program and “HELP” for assistance. Text messages will be sent to your mobile number using an automatic dialing system. Text messaging may not be available via all carriers.
  • Certain situations outside of our control may impact your ability to receive text, email or chat messages from us in a timely manner or fail to reach you at all. These situations include but are not limited to mobile signal issues; carrier and Internet transmission issues; or interference from terrain, buildings, or other impediment. We are not liable for any losses arising from a message that is delayed or not delivered to you.

• Follow the meal ordering and cancellation policy terms related to this Program including keeping your delivery address and contact information current. On a weekly basis, we will ship your meals to the address you provided.

  Order deadlines: For each week, your meals must be ordered in advance. Orders placed by 8 am Pacific Time (PT) on business days will be processed and shipped the same day. Any orders received after 8 am PT, on the weekends, or on holidays, will be processed and shipped the following business day. Orders will arrive within 1-3 days of shipping.

  Order deadlines are subject to change based on the distribution center used by Healthrageous. Any changes to the order deadline will be communicated to members.

  Any order changes or order cancellations for recurring orders must be submitted by 8 am PT on the day of the week that you placed your initial order. For example, if you placed your initial meal order on Thursday, you must submit any changes or cancellations for your next order by 8 am PT the follow Thursday.

• Submit changes to weekly meal orders or recurring meal orders in Healthrageous shop by the Order Deadline. If your cancellation request is submitted after the Order Deadline, your recurring meal order will be shipped, and the cancellation will not take effect until the following order cycle.
• Accept that sometimes substitute meals for your selected meals may be provided. Sometimes your selected meals may not be available or other circumstances require us to substitute items in your order.
• Agree to pay for additional “self-pay” meals not covered by your Medicare Advantage policy by credit or debit card. If you make changes to your order after the order deadline, the change will take effect in the following billing cycle. If you pay by credit card, you will be bound to the terms of the agreement with the credit card issuer. If the credit card or debit card information provided by you is invalid, or the charge or debit is otherwise declined for any reason, the order will be canceled.
• Provide a physical, residential address for your meal orders to be shipped to. We do not ship to PO boxes or commercial addresses.

The Program shall not be responsible or liable, under any circumstances, for any illness or health problem that may result from the consumption of its prepared foods or meals, or from the use of other Concierge services. The Program may not be appropriate for certain people including people who 1) have food allergies or intolerances; 2) are under 18 years of age; or 3) suffer from certain types of medical conditions that can be adversely affected by diet. You may wish to consult your physician before altering your diet or beginning the Program.

Individuals with allergies, intolerances, or other special medical conditions are urged to take extra precautions. Meal ingredients and nutritional information are provided on meal labels. If you have adverse reactions to specific foods, it is your responsibility to avoid eating these foods. You agree that we will not be held liable for any damages related to allergies, intolerances, or other medical conditions.

The Program is not designed to and does not provide medical advice, professional diagnosis, opinion, treatment, or services. Health-related information provided by the Program is for informational and educational purposes only, and is not intended to be medical advice, or relied upon as such. After reading care messages or web pages, you are encouraged to review the information carefully with your medical provider. Never disregard professional medical advice, delay in seeking treatment, or rely on the information contained in this Program in place of seeking professional medical advice. The information sent through texts or chats should not be considered as a medical consultation, nor is it meant to replace the provider’s decisions about the appropriateness or risks of a procedure given to a patient. If you think you may have a medical emergency, call your provider or 911 immediately.

No Warranties. EXCEPT AS OTHERWISE SPECIFICALLY STATED IN THIS AGREEMENT, THE GOODS AND SERVICES ARE PROVIDED BY THE PROGRAM TO YOU ON AN “AS IS”, “WHERE IS”, AND “WITH ALL FAULTS” BASIS WITH NO WARRANTIES, EXPRESS, OR IMPLIED, INCLUDING WITHOUT LIMITATION WITH RESPECT TO MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability. IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT, OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY YOU or Paid on your behalf.

Nutrition, dietary and other information concerning medical conditions change constantly. We do not guarantee the accuracy, adequacy, timeliness, or completeness of any of the information on this site or on the linked web sites and are not responsible for any errors, omissions, or any consequences arising from the use of the information contained at this or any linked web site.

References to any entity, product, service, or source of information should not be considered an endorsement, either direct or implied by the Program. We do not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be provided on any linked web sites. The linked web sites may contain text, graphics, images or information that you find offensive. We have no control over and accept no responsibility for such materials.

We hope that you find this program useful in providing information about certain conditions and helpful in making your own health care decisions.

In general, your PHI and other personal information submitted to and/or shared with the Program, may be used for the following purposes: to enable participant access to Program services; to personalize the content received by Program participants; to improve our services and functionality; and/or to provide additional information and functionality upon request. Except as otherwise stated herein, the Program does not sell, trade, rent or otherwise share PHI or personal information that we collect with third parties.

You acknowledge and consent that: standard texts used in the Program are not encrypted and that SMS texting is not considered a secure technology; standard text messages that you receive may indicate the nature of your condition and may be intercepted or viewed by other people who have access to your mobile device; and secure interactive chat messages will be sent via encrypted SSL/TPS connection, and accessible through a password-protected website portal. We will not send PHI in standard Program text messages. However, secure interactive chat messages may contain PHI, which may include information concerning your medical condition, including (without limitation) blood glucose/AC1 levels, cardiac condition and performance, allergies and intolerances, medications, blood pressure, eating, drinking, and smoking patterns, and any other medical or health information you elect to share or discuss with your “concierge” via interactive chat message.

We and our service providers and affiliates will collect, transmit, store, and disclose your PHI in accordance with HIPAA. We may receive PHI from your health insurer or via the secure chats referenced herein. Generally, your PHI will be shared with the Program “concierge” engaging in secure chats with you, your insurer, and other third-party service providers or affiliates who work on our behalf, to provide some of the services and features necessary to help us communicate with and deliver services to Program participants. Examples of such services include sending texts, chat messages, data, and/or e-mails, analyzing data, processing payments, and providing customer service. Such PHI will be provided to the aforementioned affiliates and third-party service providers subject to “business associate agreements” requiring that PHI is not to be utilized in any manner except as necessary to provide the relevant Program services, and in compliance with HIPPA.

We may use elements of Program participant personal information and PHI collected through the services for internal research, development and product and service improvement purposes, but all such information will be aggregated with other data and not individually identifiable.

The Program may disclose PHI and personal information if it is believed in good faith that such disclosure is necessary to: (a) comply with relevant laws or to respond to subpoenas, discovery requests and orders, or warrants served on us; or (b) to protect and defend our rights, property, or you the participant. You hereby consent to us sharing your PHI under the circumstances described herein.

In the event we go through a business transition such as a merger, acquisition by another company or sale of all or a portion of our assets, some PHI and personal information may be among the assets transferred. Program participants acknowledge that such transfers may occur and are permitted by this Privacy Policy, and that any acquirer will continue to collect, process and store PHI in compliance with HIPAA compliance as set forth in this Privacy Policy.

Understanding all of the foregoing, you consent to the collection, transmission, storage and disclosure of your PHI, receiving standard SMS texts and to receiving and sending secure interactive chat messages in connection with the Program, as described herein. If you are not willing for the Program to use or disclose your collected PHI and personal information as described herein, you may choose to not participate in the Program.

We respect your privacy and want you to know how we use your personal information. Personal Information we may collect and store may include your first and last name, your e-mail address, your home or other physical address, including a street name and name of a city or town, your telephone number, your insurance policy number or identifier, any payment or financial information, or any other identifier that permits us to contact a natural human person, like you, and/or any information that we, or our authorized third-party vendors or partners, maintain that could be used to identify you in combination with any of the identifying information described above, including information that identifies, relates, to, describes, is capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer or household, or as may be relevant under applicable law. We also may collect, store, and use information concerning your gender, age, and race. All of those kinds of information are included when we use the term “personal information” in this Policy.

The Program uses a software platform with educational content that is available via a web link and in text messages. We do not sell, trade, or rent your personal information to other companies or individuals. The Program uses industry-leading Secure Sockets Layer (SSL) technology to keep your personal information secure. Program participant personal information will only be used for its intended purposes of facilitating Program services to you, and as set forth in this Policy. By participating, you give the Program permission to share your personal information with service providers and affiliates who may need the information to operate the Program, as outlined in this Policy.

We take reasonable measures to protect your personal information in an effort to prevent loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware, however, that despite our efforts, no security measures are perfect or impenetrable and no method of data transmission can be guaranteed against any interception or other type of misuse. To mitigate this risk, you should use secure usernames and passwords and carefully protect them from disclosure and implement updated internet security and virus protection on your computer. If you suspect that your computer’s security or your information has been compromised or your password accessed or used by an unauthorized third party, immediately change your password, and let us know.

If we become aware of a security systems breach, we may attempt to notify you electronically so that you can take appropriate protective steps. We may post a notice through the site if a security breach occurs. We may also send an email to you at the email address you have provided to use in these circumstances. Depending on where you live, you may have a legal right to receive notice of a security breach in writing.

Users should also be aware of how they handle and disclose their personal information and should avoid sending personal Information through insecure e-mail to SMS texts. Please refer to the Federal Trade Commission’s website at http://www.business.ftc.gov/privacy-and-security/consumer-privacy for information about how to protect yourself against identity theft.

We also may update this Policy from time to time. When we do so, we will post the new Privacy Policy on the Program website and your continued use of the Program and website associated therewith is deemed to be acceptance of such updates or changes. We encourage you to check the date of our Privacy Policy when you access and use the Site for any updates or changes.

When a participant sends a meal order, text or chat message and/or e-mail with Program-specific data, their mobile phone number and/or e-mail address, the full content of the message, attached files, or other information provided may be collected and stored. The Program may use this information to determine and send appropriate meals, information or educational content to participants, and for other purposes outlined in this Policy. Participants may indicate their preference to stop receiving communications or opt-out at any time. (See Your Choices Regarding Your Personal Information).

As you use the Program and our website, certain message delivery information may be passively collected and stored on our s or our service providers’ server logs, including your Internet protocol address, browser type and operating system. We also use Cookies and navigational data like Uniform Resource Locators (“URLs”) to gather information regarding the date and time of your web page visit and the information viewed. “Cookies” are small pieces of information that a website sends to your computer’s hard drive while you are viewing the site. An Internet protocol (or IP) address is a number that is automatically assigned to a participant computer when they use the Internet. In some cases, an IP Address may stay the same from browser session to browser session; but if participants use a consumer internet service provider (ISP), your IP Address will likely vary from session to session. The program may use both session Cookies (which expire once the web browser closes) and persistent Cookies (which remain on the computer until deleted) to provide a more personal and interactive program experience. Persistent Cookies can be removed by following the Internet browser’s help file directions. Participants may manage cookie preferences via browser settings (see http://www.aboutcookies.org for more information)

We want you to understand when and with whom we may share personal or other information we have collected about you or your activities on our website or while participating in the Program. We may routinely share personal information with:

• Our affiliates, joint venturers, and business partners;
• Our service providers and those with whom we’ve contracted in connection with the Program, such as meal preparers, transportation and logistics service providers, “concierge” service providers, cloud storage providers, technology and software service providers, payment processors, website hosts, and various customer, tech, and operational support providers;
• Your Medicare Advantage insurer;
• Our insurers and brokers; and
• Our financial institutions and accounting and legal services providers

We may disclose and exchange personal information in connection with proceedings in courts and tribunals and to parties to such proceedings, and to law enforcement agencies, regulatory bodies, and auditors, to comply with legal and regulatory obligations, to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law or regulations. In such cases, we may raise or waive any legal objection or right available to us, in our sole discretion.

We may disclose and exchange information in connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, or asset sale, or in the unlikely event of bankruptcy. We may also share personal or other information we have collected about you or your activities on our site or while using our Program as you may request or otherwise agree.

We may also use third party services such as Google Tag Manager and Google Analytics to help us understand how our customers use the Site — you can read more about how Google uses your personal information here: https://www.google.com/intl/en/policies/privacy/. You can also opt-out of Google Analytics here: https://tools.google.com/dlpage/gaoptout.

Any third parties to whom we may disclose Personal Information may have their own privacy policies which describe how they use and disclose Personal Information. Those policies will govern use, handling, and disclosure of your Personal Information once we have shared it with those third parties as described in this Privacy Policy. If you want to learn more about their privacy practices, we encourage you to visit the websites of those third parties. These entities or their servers may be located either inside or outside the United States.

We may combine Personal Information we collect with additional Personal Information collected from other sources. We also may share aggregated non Personal Information with third parties, including advisors, and investors, for the purpose of conducting general business analysis. For example, we may tell such third parties about how many Program participants there are, and the most popular features or services accessed. This information does not contain any Personal Information and may be used to develop content and services that we hope you and other users will find of interest and to target content and advertising. We may also report aggregated, de-identified data relating to activity on the Site to third parties or the general public. We may combine such data with data obtained from third-party sources in order to generate such reports. This Policy does not limit use or disclosure of de-identified information (i.e., that is not connected with an individual user) in any way, and we reserve the right to use and disclose such information to program partners, sponsors and other third parties at our discretion.

This Privacy Policy does not protect you when you send business information, ideas, concepts, or inventions to us by email to the contacts listed on the “Contact Us” link on our website. If you send business information, ideas, concepts or inventions in an email to us or the Program, then the contents of the email becomes our property.

This Program offers choices to participants regarding the collection, use and sharing of their personal information. PHI Participants have a right at any time to opt out of the program. To end all program benefits and be removed from the program database, participants can contact Healthrageous support at info@shipmymeals.com or (855) 868-8655. To discontinue program contact and cease text messages without withdrawing from the program completely, participant can reply “STOP” at any time after receiving a text message. Participants may also contact Healthrageous directly by contacting info@shipmymeals.com.

This program is completely voluntary and you may opt out at any time by replying STOP. For assistance with the program, reply HELP.

Message and data rates may apply depending on your mobile carrier plan.

For health plan assistance or questions for Brand New Day, contact Brand New Day Member Services team: 1-866-255-4795 TTY 711

For questions about your meal order, visit Healthrageous https://shipmymeals.com/pages/frequently-asked-questions-faqs, email info@shipmymeals.com or call (855) 868-8655.

For technical support with program messages and access to program resources: https://gold-group.com/support/