Privacy Policy

VERSION 1.5

EFFECTIVE DATE: April 18, 2023

This Privacy Policy (“Privacy Policy”) applies to all products, programs, testing services, websites, pages, features, content, research, collection, testing, and analysis of biological samples (collectively, the “Service”) provided by Allora Health, Inc. d/b/a Evvy (“Evvy,” “we,” or “us”). 

Evvy takes your privacy very seriously. By accessing or using the Service (as defined above), customers allow us to collect, store, and use their Personal Information that enables us to provide more accurate and personalized recommendations. This Privacy Policy is designed to help you (“you”, “customer”, or “user”) better understand how we collect, use, store, process, and transfer your information when using our Services. This Privacy Policy is not a contract and does not create any contractual rights or obligations.

This Privacy Policy does not apply to information that is protected health information (“PHI”) under the Health Insurance Portability and Accountability Act (“HIPAA”). At present, we do not collect PHI. Evvy is not a covered entity or business associate, meaning data in the Evvy system is not considered PHI and data within Evvy is not subject to HIPAA. If PHI were brought into the Evvy system, this document outlines how Evvy would comply with the HIPAA privacy rule.

Additionally, if in the future we begin providing services to health care providers that are “covered entities” under HIPAA, certain information we collect on their behalf will be PHI and will be governed by, and will be used and disclosed solely as permitted under, the Notice of Privacy Practices of Wheel Medical, P.A. and its affiliated clinicians (“Wheel Provider Group”) as well as any business associate agreement between Wheel Provider Group [or Evvy Provider Group] and Evvy, as required by law, to safeguard PHI. For more information about the privacy of PHI, please contact your clinician or Wheel Provider Group.

1. What Information We Collect‍

When you subscribe to or use our Services, Evvy collects and uses the types of personal information about you that are described below (“Personal Information”). Personal Information does not include publicly available information, de-identified or aggregated information, or information covered by certain federal or state laws. Evvy collects the following type of Personal Information:

A)   IDENTIFIERS

For example, we collect your name, date of birth, password, shipping address, and contact information such as email address and telephone number that you provided to create your Evvy account (“Evvy Account” or “Account”). 

B)   PAYMENT INFORMATION

For example, we collect your billing address and payment information, such as credit card information (Evvy stores only the last 4 digits and the expiration date).

C)   HEALTH AND OTHER SENSITIVE INFORMATION

For example, we collect information from you about your personal traits (e.g., eye color, height), ethnicity, disease conditions (e.g. Type 2 Diabetes), physical health-related information (e.g., pulse rate, cholesterol levels, visual acuity, medicine you currently take, habits such as smoking), diet related information (e.g., vegetarian, vegan, allergies, etc.), mental health related information (e.g. emotional conditions such as fear or anxiety), and family history (e.g., information similar to the foregoing about your family members). This information also includes: 

• Sample Data. “Sample Data” is molecular data created from the Samples you provide to Evvy for testing and analysis. Sample Data analysis includes, but is not limited to, microbiome analysis. The laboratory we contract with will use your samples for testing, analysis and generation of Sample Data that will be used to generate Test Data. 

• Test Data. “Test Data” is information we extract from Sample Data. Test Data is used with other Personal Information you provide to us in conjunction with our data analysis methods to provide personalized recommendations.

D)   OTHER INFORMATION YOU PROVIDE TO US

For example, you may provide us with information in response to surveys, forms, questionnaires, email, features on our website and software applications, while participating in Research Studies and Research Participations (as described in our Terms of Service), engaging with our customer service (“Customer Service”) or while using the Service. 

E)   INTERNET OR OTHER ELECTRONIC ACTIVITY INFORMATION

For example, we collect information on how you use the Evvy website (e.g. IP address, location, browser type, domains, page views, etc.) or other online media owned by Evvy, collected through log files, cookies, and web beacon technologies (described below).

Cookies and Other Tracking Technologies. Evvy and its third-party service providers from whom it receives your information may use “cookies” and similar tracking technologies (such as web beacons, tags, scripts and device identifiers used for automatic collection of information), for a variety of purposes. Cookies are small data files that are stored on a user’s hard drive at the request of a website to enable the website to recognize and retain certain user information such as customer preferences and history.

Cookies help us recognize when and how you use our Services, customize and improve your experience, provide security, analyze our interactions with our Services and its features, gather demographic information about our user base, make special offers of our Service, monitor the success of marketing programs; and for targeted advertising on our website and on other websites on the Internet.

When Evvy receives reports from third parties on how certain functionalities of our website works, usage and statistical information such as the user’s browser type, operating system, device ID (only for IOS users), these third parties may collect personal information from you in connection with the services they provide and may place cookies, web beacons or other devices on your device to collect non-personal information which may be used, among other things, to deliver advertising targeted to your interests and to better understand the usage of the Service and the other services tracked by these third parties. Evvy is not responsible for, and does not control, any actions or policies of any third-party service providers.

The information reports we receive from third party service providers may contain Personal Information or may be de-identified or aggregated, and we may also use these reports to improve our data analytics methods. If we combine cookies with, or link them to, any of your Personal Information, Evvy will treat this information as Personal Information.

If you wish to block, erase, or be warned of cookies, please refer to your browser instructions or help screen to learn about these functions. However, if you reject cookies or your browser or device settings does not accept cookies, you may not be able to use certain parts of our website or sign in to your Evvy Account and may not be able to access certain Service features.

Do Not Track Signals. Since there is currently no standard for these signals, Evvy  does not respond to Do Not Track ("DNT") signals at this time.      

Google Analytics. Like many websites, we use Google Analytics for web behavior monitoring, a service that provides information about how many users visit our website and online resources, when they visit, and how they navigate our website. We also may use other Google Analytics tools, such as Demographics and Interest Reporting, which enable us to learn more about the characteristics and interests of the users who visit our website, and Remarketing with Google Analytics, which enables us to provide relevant advertising on different websites and online services.

To learn more about Google’s privacy practices, please go to Google Privacy Policy at: https://www.google.com/policies/privacy/.  You can also download the Google Analytics Opt-out Browser Add-on to prevent your data from being used by Google Analytics at: https://tools.google.com/dlpage/gaoptout.

2. User Content‍
‍

Some features of our Service may include functionality enabling you to post user content, whether publicly posted or privately transmitted, such as profiles, posts, emails, feedback, experiences, suggestions, notes, messages, photos, and videos (“User Content”) that may be made available to Evvy and other users of the Service.

You should be aware that any User Content you provide or post in public media may be read, collected, and used by others who access them, and we have no control over these media. Please exercise caution before and when you choose to share personal information on our blogs, forums or in any other public media.

3. How We Use your Information

 
Evvy will use and share your Personal Information in the ways that are described below and elsewhere in the Privacy Policy.

A)   PROVIDE YOU WITH THE SERVICES

We use your information in accordance with this Privacy Policy for activities necessary for provisioning the Service that include testing and analysis of data, generating and delivering Test Results and recommendations, and improving our Services. These activities may include, but are not limited to: i) open and maintain your Evvy Account; ii), enable purchase of our Service (e.g., process payments); iii), communicate with you (e.g., informing you of policy changes, security updates or issues, etc.); iv) implement your requests (e.g. requests to Customer Service); v) facilitate use of our website (including authenticating your visits, providing personalized content, and tracking your use of our Services); vi) enforce our Terms and other agreements such as monitor, detect, investigate and prevent prohibited or illegal activities, spam and other security risks, performing quality control; vii) if you opt-in to Evvy Research, to perform Research Studies and Research & development activities; viii) conducting data analysis to improve existing Services or develop new Services; and ix) improving our data analytics to help us provide more precise and accurately personalized recommendations.

We may also use your information to fix bugs or issues, analyze use of our website, to improve or optimize the customer experience and Customer Service, or assess the efficacy of our marketing campaigns.

B)   IMPROVE OUR SERVICE, ANALYSIS METHODS, AND ARTIFICIAL INTELLIGENCE ENGINE

We are constantly working on improving our Service and enhancing the capacity and accuracy of our data analysis methods and artificial intelligence engine we use for the purpose of delivering more accurate and personalized recommendations to you.  

We may use your Personal Information for our internal business purposes to improve our Service and operations, to improve our website and online presence, and to facilitate accessibility for you and our other users.

C)   PROVIDE CUSTOMER SERVICE AND SUPPORT

When you contact Evvy customer service (“Customer Service”), we may use or request additional Personal Information, as necessary to verify your identity, answer your questions, resolve disputes, and/or investigate and troubleshoot problems or complaints.  In certain instances, we may require using one customer’s Personal Information to resolve another customer’s request. For example, if a customer reports behavior of another customer that violates our Terms of Service, we will separately process both customers’ Personal Information and respond separately to each customer as appropriate. We will not share your Personal Information with another customer or any third party without your specific consent.

D)   SURVEYS AND TESTIMONIALS

We value our customers’ feedback and may send you surveys, polls, or requests for testimonials to improve and optimize our Services. We may use your Personal Information to send you surveys, questionnaires, and requests for testimonials that we use to optimize our Service and perform quality control activities. You are in control of the information you would like to share with us.

E)   MARKETING AND COMMUNICATIONS

By creating an Evvy Account and using our Service, you agree to receiving Service-related email with information such as new features, add-ons, promotions, contests and other notifications about our Services. You can unsubscribe from receiving these marketing communications at any time. To unsubscribe, click the email footer “unsubscribe” link or send a request to our Customer Service (hello@evvy.com) using the details provided above.  You may not opt-out of receiving non-promotional messages regarding your Account, such as technical notices, purchase confirmations, important Evvy policies and deadlines applicable to use of Kits and Sample returns or Service-related emails.

We may also use the Personal Information you submit to us to personalize your user experience and to allow us to recommend or deliver the type of content, new features, or Service offering in which you are most interested. We may also use your Personal Information to compile usage statistics and other data regarding use of our Services and for other types of marketing and communication purposes, without asking for and receiving your explicit consent (e.g., targeted advertising that uses third party advertising networks and providers who help us deliver targeted online advertisements or measure the effectiveness of ad campaigns). We and our third-party service providers will not use your Sensitive Information for marketing and communication purposes.

4. How We Disclose Your Information

 
In general, Evvy will not disclose Personal Information to third parties, except as described below.

A)   WITH EXPRESS WRITTEN PERMISSION

Evvy may disclose your Personal Information to third parties in accordance with our Terms of Service or where you have otherwise provided express written consent for sharing (e.g. if you consent to participate in Evvy Research).

B)   FACILITATE BUSINESS OPERATIONS

Evvy may disclose Personal Information as stated in the Terms and this Privacy Policy to partners, vendors, or service providers (e.g., credit card processors, Sample collection services, electronic data processors, supplements and probiotics+prebiotics manufacturers, fulfillment and logistics service providers, customer service accelerators, accredited reference laboratories, genotype and microbiome testing labs, and healthcare providers), eCommerce store providers, and payment gateways that  process and/or store such information in order to help Evvy provide, or improve the Service or any part of it. In these instances, the protection of your Personal Information will be subject to the service agreements or privacy policies of the specific Evvy partner or service provider. We require our service providers to agree to data security and confidentiality provisions regarding the use of our data, including your Personal Information.

C)   AS REQUIRED BY LAW

Under certain circumstances, Personal Information may be subject to disclosures pursuant to judicial or other government subpoenas, warrants, or orders, or in coordination with regulatory authorities. You acknowledge and agree that Evvy is free to preserve and disclose any and all Personal Information to law enforcement agencies or others regulatory agencies that oversee manufacturing and logistics service, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal or regulatory process (such as a judicial proceeding, court order, or government inquiry); (ii) obligations that Evvy may owe pursuant to ethical, regulatory (such as Food and Drug Administration), and other professional rules, laws, and regulations; (iii) enforce Terms of Service; (iv) respond to claims that any content violates the rights of third parties; or (v) protect the rights, property, or personal safety of Evvy, its employees, its customers (including you), and the public. In the event Evvy is required by law to disclose Personal Information, Evvy will notify you through the contact information provided to Evvy in advance, unless doing so would violate the law or a court order.

D)   SHARING WITH THIRD PARTIES

Unless required by law or a court order, or as specifically stated in the Terms and this Privacy Policy, Evvy will not release your Personal Information to any third party without first receiving your consent. Specifically, Evvy does not share your Personal Information with third parties, in the following ways, without your explicit consent: i) sell, lease, or rent them; ii) release to any public databases; and iii) with insurance companies, educational institutions, government agencies, or employers.

We may share your Personal Information, without explicit consent, to the extent necessary, with third parties: i) in order to perform business operations that help deliver the Services to you (e.g., Sample collection services, laboratory service, inventory controllers that ship Kits, supplements and probiotics + prebiotics manufacturers, logistics operators, IT service providers, customer service optimizers, etc.); ii) for marketing and communication purposes and iii) if the third party is a clinical partner that (a) referred you to us, (b) you interacted with through the Services, or (c) you otherwise designate, we may share Personal Information and your results with that clinical partner.

E) TO YOUR AUTHORIZED REPRESENTATIVE

When a customer has lost capacity or passed away, we will only give their Account information to individuals who are legally authorized to make decisions on their behalf, such as an executor, a personal representative, or a beneficiary of a deceased's estate. The person requesting the information must complete an authorization form and provide evidence and legal documentation indicating they are allowed to act on behalf of the individual before we will provide any information.

F) BUSINESS TRANSITIONS

In the event Evvy goes through a business transition such as a merger, acquisition by another company, or sale of all or a portion of its assets, your Personal Information will likely be among the assets transferred. In such a case, Personal Information would remain subject to the terms of the pre-existing or the current Privacy Policy.  

G) DE-IDENTIFIED OR AGGREGATED INFORMATION

We may share aggregated or de-identified, non-customer specific data and information derived from Personal Information with other entities for the purpose of performing activities that may help us provide and improve our Services.

5. Evvy Research

 
“Evvy Research” is a research program operated by Evvy to make new discoveries about the microbiome that is overseen by an independent ethics review board. Evvy Research is an opt-in program, meaning that participation is entirely voluntary. Evvy Research may be sponsored by, conducted on behalf of, or in collaboration with third parties. 

You are not required to participate in Evvy Research to make use of the Services. Click here to learn more about Evvy Research

6. Children’s Privacy

 
The Service is not directed, designed, or intended to attract children under the age of 18. In the event Evvy is notified or becomes aware that the Service has been used by a child under the age of 18 to store information of that child without parental consent, Evvy shall be and is authorized to delete, in its entirety, with no notice to you, any of the information stored by that child or by you on that child’s behalf. Evvy also reserves the right to revoke any license to use the Service, which is being used or has been used by a child under the age of 18.

7. Information Security Measures

 
Evvy uses a number of physical, technical, and administrative measures to keep your Personal Information safe and secure. By employing these safeguards, we aim to prevent unauthorized access, minimize accidental disclosure, maintain data accuracy and integrity, and ensure appropriate use of Personal Information in accordance with current technological and industry standards. However, please understand that no method of transmission over the Internet or method of storing data is 100% secure. Therefore, we cannot guarantee absolute security.

In addition, protecting Personal Information is a responsibility shared between you and Evvy. In this regard, we ask all users of our Service to be responsible for keeping their login IDs, passwords, and other authentication information used to access the Service in a secure manner and maintain strict confidentiality. You should not share Account and authentication information with any third parties and should inform Evvy immediately of any prohibited use of your Account or authentication information. Evvy cannot secure and assumes no liability for Personal Information that is released by our customers to third parties, such as physicians, insurance companies, or healthcare service providers.

8. Retention of Personal Information

 
By choosing to have Evvy extract the molecular level data from your Samples as part of the Service, you consent to have Evvy access, analyze, and store your Personal Information using the same or more advanced technologies, in a manner consistent with our Terms and this Privacy Policy. Unless we notify you otherwise, we will store your Samples and data from the Samples for at least ten (10) years, but may, in our sole discretion, to the extent permitted by law, retain such Samples and data for a longer period of time. All of the same safeguards applicable to Personal Information will be provided, to any further use of your Samples, as in our Terms of Service and this Privacy Policy.

Unless you close your Account that results in deletion of your Personal Information in the Account as described in the Account Closure process as specified below, Evvy will store your Personal Information as long as your Account is open.

9. Correction of Personal Information

 
Your Personal Information, if incorrect, can be corrected, changed, or updated by sending a request to our Customer Service using the information stated below:

Submit online: Send in a request on “Correcting Personal Information” using support@evvy.com

Submit by Mail: ‍

Evvy Customer Service (Correction of Personal Information)
169 Madison Ave
#2064
New York, NY 10016    

10. Account Closure

 
If you no longer wish to use the Service, or have your Personal Information processed by us in order to provide you the Service, you may close your Account and have your Account information deleted by sending our Customer Service a request using the information specified below.  

Submit online: Send in a request on “Account Closure” using support@evvy.com

Once we receive your request, we will send an email to the email address linked to your Account detailing our Account Closure Policy and requesting that you confirm your closure request. Once you confirm your request to close your Account and delete your Account information, your Account will no longer be accessible.  When your request is processed, it cannot be cancelled, undone, withdrawn, or reversed. 

When closing an Account, Evvy removes or deletes Personal Information associated with that Account, except that, to the extent necessary and permitted by law, Evvy may still retain Personal Information (i) for accounting, audit, and compliance purposes; (ii) for compliance with legal retention requirements; (iii) to fulfill contractual obligations, or exercise or defend legal claims; (iv) already used for Evvy Research, if you have opted-in.  

11. Nevada Residents

 
Pursuant to Nevada Privacy Law (“NPL”), Nevada residents may direct a business that operates an internet website not to sell certain Personal Information about you. Evvy does not sell your Personal Information to third parties. 

12. California Residents

 
California Civil Code Section 1798.83, also known as the “Shine The Light” law, permits our users who are California residents to request and obtain from us, once a year and free of charge, information about categories of personal information (if any) we disclosed to third parties for direct marketing purposes and the names and addresses of all third parties with which we shared personal information in the immediately preceding calendar year. We do not share your Personal Information with third parties for their own direct marketing purposes.

13. Contact Us‍

If you have questions, concerns, or complaints about this Privacy Policy, would like to request a current or previous version, or would like more information regarding our process for updating this Privacy Policy, you can contact us using the following options:

Contact us by email: support@evvy.com

Contact us by mail:

Evvy Customer Service (Correction of Personal Information)
169 Madison Ave
#2064
New York, NY 10016