The Terms and Conditions set out below govern your use of Nutritics Group softwares, Nutritics Group is comprised of Nutritics Limited, Ten Kites Limited and Nutritics Australia Pty Ltd ("Nutritics"). By continuing to use the software, you are deemed to have agreed to these terms. In the event that you do not agree, please do not proceed with using the software and contact firstname.lastname@example.org.
Terms and Conditions and Parties
The Terms and Conditions set out below are issued by Nutritics Limited (“Nutritics”). For the purposes of these Terms and Conditions, the “Client” shall mean any individual or group that uses Nutritics’ software for professional or personal purposes.
The Client represents and warrants that it has the power and authority to execute these Terms and Conditions
These Terms and Conditions are between the Client and Nutritics. The Client’s relationship is solely with Nutritics as the entity providing the software platform (“the Software”).
The Client will keep your contact information, billing information and credit card information (where applicable) up to date. Changes may be made on your Billing Page within your Nutritics portal or by contacting email@example.com. All payment obligations are non-cancelable and all amounts paid are non-refundable, except as specifically provided for in this Agreement. All fees are due and payable in advance throughout the Subscription Term.
All fees are exclusive of taxes, which we will charge as applicable. The Client agrees to pay any taxes applicable to use of the Software. The Client shall have no liability for any taxes based upon our gross revenues or net income. If the Client is located in the European Union, all fees are exclusive of any VAT and the Client represents that they are registered for VAT purposes in your member state. At our request, the Client can provide us with the VAT registration number under which you are registered in your member state. If the Client is subject to GST, all fees are exclusive of GST. If the Client is required to deduct or withhold any tax, the Client must pay the amount deducted or withheld as required by law and pay us an additional amount so that we receive payment in full as if there were no deduction or withholding.
Without limiting its other rights or remedies, Nutritics shall have the right to suspend or terminate the Software entirely or in part if payment is not received within thirty (30) days of the fee note date. The Client shall be responsible for all taxes, such as VAT, sales and use tax, gross receipts tax, withholding tax, and any similar tax, imposed on or in connection with the Software.
Refunds may be granted within 7 days of the payment date provided you have not created more than three items in your account e.g. diet logs, meal plans or recipes.
Aside from the above, there is no obligation to provide a refund or credit in a situation like the following:
The subscription has not been used
You have changed your mind
You purchased a subscription by mistake
You do not have sufficient expertise to use the software
You ask for goodwill
Responsibilities of the Client
The Client shall ensure that each member of the Client Group cooperates with Nutritics in connection with the performance of the Software.
The Client shall be responsible for the performance of the personnel and agents of the Client Group, for the timeliness, accuracy and completeness of all data and information inputted into the Software.
The Software may use and rely on information and data furnished by the Client Group or others without verification. Nutritics will not be responsible for the consequences of this data or information not being complete, accurate or current.
Except as otherwise stated, the Client shall be solely responsible for, among other things: (A) making all decisions and performing all functions; (B) evaluating the adequacy and results of the Software; (C) accepting responsibility for the results of the Software; and (D) establishing and maintaining internal controls, including, without limitation, monitoring ongoing activities and (E) using the information generated via the software in compliance with Local and National Regulations.
(a) These Terms and Conditions may be terminated by Nutritics at any time, with or without cause, by giving written notice to the Client not less than 30 days before the effective date of termination, provided that, in the event of a termination for cause, the breaching party shall have the right to cure the breach within the notice period if the breach is capable of remedy.
(b) These Terms and Conditions may be terminated by either party by written notice with immediate effect if any of the following events occur:
(i) the other party passing a resolution for its winding-up or a court of competent jurisdiction making an order for the other party’s winding-up or dissolution;
(ii) the making of an administration order in relation to the other party, or the appointment of a receiver over, or an encumbrancer taking possession of or selling, an asset of the other party;
(iii) the other party making an arrangement or composition with its creditors generally or making an application to a court of competent jurisdiction for protection from its creditors generally; or
(iv) any event analogous to those set out in paragraphs (i) to (iii) in any relevant jurisdiction.
(c) Nutritics may terminate these Terms and Conditions with immediate effect upon written notice to the Client if Nutritics determines that (a) a governmental, regulatory, or professional entity, or an entity having the force of law has introduced a new, or modified an existing, law, rule, regulation, interpretation, or decision, the result of which would render Nutritics’ performance of any part of the Terms and Conditions illegal or otherwise unlawful or in conflict with independence or professional rules, or (b) circumstances change (including, without limitation, changes in ownership of the Client or any of its affiliates) such that Nutritics’ performance of any part of the Terms and Conditions would be illegal or otherwise unlawful or in conflict with independence or professional rules or Nutritics policy.
(d) Upon termination of the Terms and Conditions, the Client will compensate Nutritics for the Software provided and expenses incurred up to the effective date of termination.
Ownership of Nutritics Property and Work Products
On payment of Nutritics fees due, each Beneficiary shall obtain a non-exclusive license to use the Software within the Client Group, subject to the other provisions of these Terms and Conditions. Nutritics shall have ownership (including, without limitation, copyright and other intellectual property ownership) of the Software and all associated intellectual property and copyright within the Software. The Client group should ensure that licence fees are maintained in order to ensure access to the data input into the software. Nutritics cannot guarantee retrospective access to data input into the system outside of the retention period for retention of personal data once a subscription has elapsed.The Client group should ensure that licence fees are maintained in order to ensure access to the data.
Limitation on Damages
(a) Nutritics shall not be liable, whether in contract, tort, including negligence, or otherwise to the Client Group for any claims, liabilities, losses, damages, costs or expenses (“Claims”) relating to or arising out of or in connection with these Terms and Conditions or the Software for an aggregate amount in excess of the fees invoiced and received by Nutritics (net of VAT and expenses) for the Software which are the subject of Claims, except to the extent finally judicially determined to have resulted primarily from the fraud of Nutritics.
(b) In no event shall Nutritics be liable, whether in contract, tort, including negligence, or otherwise for any losses resulting from third party claims, claims for loss of use, contracts, data, goodwill, revenues or profits, (whether or not deemed to constitute direct losses) or wasted management or staff time or any consequential, special, indirect, incidental, punitive, or exemplary loss, damage, or expense relating to or arising out of or in connection with these Terms and Conditions or the Software (including the performance, non-performance or delayed performance by Nutritics of any obligations under or in connection with the Software) which may have been or may be suffered by any person howsoever caused and whether or not this could have been reasonably foreseen by Nutritics.
(c) Nor shall Nutritics be liable, whether in contract, tort, including negligence, or otherwise, for any Claims arising out of the use of the Software for a purpose other than the purpose for which they were provided by Nutritics;
(d) The Client agrees that any liability which Nutritics may have to the Client Group under or in connection with these Terms and Conditions for any losses suffered by the Client Group shall (so far as permitted by law) be limited to such an amount as is finally determined to be just and equitable, having regard to the extent of responsibility of Nutritics, the Client Group (including the Client Group’s directors, officers, employees or agents), and any person other than Nutritics who is jointly or severally liable to the Client for all or part of the said losses suffered by the Client Group. Any limitation or exclusion or restriction on the liability of any such other person under any jurisdiction, whether arising under statute or contract or tort or resulting from death, bankruptcy or insolvency, or any settlement of such liability agreed with the Client Group, shall be ignored for the purposes of determining whether that other person is liable to the Client and the extent of responsibility of that other person to the Client in assessing any liability of Nutritics.
(e) In circumstances where all or any portion of the provisions of this Clause are finally judicially determined to be unavailable, the aggregate liability of Nutritics and their respective personnel for any Claims shall not exceed an amount which is proportional to the relative fault that their conduct bears to all other conduct giving rise to such Claims.
(f) Nutritics accepts no responsibility for any database errors, omissions or inaccuracies and accept no responsibility if the Client relies on such information. It is the responsibility of the Client to verify the accuracy of all information provided by the software.
(g) Nothing in these Terms and Conditions shall exclude, restrict (or prevent a claim being brought in respect of) any liability of a party for (i) death or personal injury caused by the negligence of that party; (ii) any fraudulent pre-contractual misrepresentations on which either party can be shown to have relied; or (iii) any other liability which by the governing law of these Terms and Conditions cannot be excluded or limited.
Neither party shall be liable for any delays or non-performance resulting from circumstances or causes beyond its reasonable control, including, without limitation, acts or omissions or the failure to cooperate by the other party (including, without limitation, entities or individuals under its control, or any of their respective officers, directors, employees, other personnel and agents), fire or other casualty, act of God, epidemic, strike or labour dispute, war or other violence, or any law, order, or requirement of any governmental agency or authority.
Limitation on Actions
No action, regardless of form, relating to these Terms and Conditions or the Software, may be brought by either party more than two years after the cause of action has accrued under the applicable law.
(a) To the extent that, in connection with these Terms and Conditions, Nutritics comes into possession of any information, trade secrets or other proprietary information relating to the Client Group which is either designated by the disclosing party as confidential or is by its nature clearly confidential (the “Confidential Information”), Nutritics shall not disclose such Confidential Information to any third party without the Client’s consent. The Client hereby consents to Nutritics disclosing such Confidential Information (i) to legal advisors, auditors, insurers or as may be required by law, regulation, judicial or administrative process, or in accordance with applicable professional standards, or in connection with potential litigation; or (ii) to any person to the extent such Confidential Information (A) shall have otherwise become publicly available (including, without limitation, any information filed with any governmental agency and available to the public) other than as the result of a disclosure by Nutritics in breach hereof, (B) becomes available to Nutritics on a non-confidential basis from a source other than the Client which Nutritics believes is not prohibited from disclosing such information by a confidentiality obligation to the Client Group, (C) is known by Nutritics prior to its receipt from the Client Group without any obligation of confidentiality with respect thereto, or (D) is developed by Nutritics independently of any disclosures made by the Client Group to Nutritics of such information.
(b) The Client shall keep confidential any methodologies and technology used by Nutritics in connection with the Software.
Neither party may assign or otherwise transfer these Terms and Conditions without the prior express written consent of the other. Neither party will directly or indirectly agree to assign or transfer to a third party any claim against the other party arising out of these Terms and Conditions.
(a) The Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Nutritics against all claims incurred in connection with any third party claim, except to the extent finally and judicially determined to have resulted directly from the fraud of Nutritics. In circumstances where all or any portion of the provisions of this paragraph are finally judicially determined to be unavailable, the aggregate liability of Nutritics for Claims shall not exceed an amount which is proportional to the relative fault that their conduct bears to all other conduct giving rise to such Claims.
Nutritics is permitted to use the Client’s service marks, logos, and/or branding in external publicity material without such other party’s prior written consent as and when reasonably required unless specifically requested by the client to refrain from using marks logos, and/or branding in external publicity material or to adhere to the clients policy for such marketing.
Use of Client Name
Notwithstanding anything herein to the contrary, Nutritics may use the name of the Client and their use of the Software in marketing and publicity materials, as an indication of its experience, and in internal data systems.
Brand Accreditation Logos
Brand Accreditation Logos issued by independent bodies can be accessed from Nutritics to support users in their dissemination of various standards that are of interest to their business. It is the user's responsibility to ensure that they comply with accreditation scheme regulations and have the proper authorisation to use and display brand accreditation logos. By using Nutritics to display accreditation logos, the user accepts that they have the legal right to do so and accepts the responsibility to comply with conditions of use issued by the relevant authorising body. Nutritics shall not be liable for any damages resulting from any unauthorised use of the logos or any other harm arising from a user's use of the online system.
DATA PROCESSING AGREEMENT
1.1 In this Data Processing agreement (DPA), the following definitions apply.
DPA: this data processing agreement including the acknowledgement of this agreement via electronic confirmation of acceptance of terms & conditions, and any amendments to this DPA from time to time.
Customer Personal Data: any Personal Data that is processed by the Supplier on behalf of the Customer under or in relation to the Services Agreement.
Data Protection Laws: the EU GDPR and the UK GDPR and all other applicable laws relating to the processing of Personal Data.
EU GDPR: the General Data Protection Regulation (Regulation (EU) 2016/679) and all other EU laws regulating the processing of Personal Data, as such laws may be updated, amended and superseded from time to time.
Order: means a particular order for Services made within the framework of the Services Agreement.
Personal Data: personal data under any of the Data Protection Laws.
Services: services provided by the Supplier to the Customer under the Services Agreement.
Services Agreement: the contract identified as such on the Signature Page.
Signature Page: the page of this DPA to which these terms and conditions are attached setting out the parties' details and executed by or on behalf of each party.
UK GDPR: the EU GDPR as transposed into UK law (including by the Data Protection Act 2018 and the Data Protection, Privacy and Electronic Communications (Amendments etc) (EU Exit) Regulations 2019) and all other UK laws regulating the processing of Personal Data, as such laws may be updated, amended and superseded from time to time.
2. Status of DPA
2.1 This DPA supplements and forms a part of the Services Agreement.
2.2 The provisions of this DPA shall come into force upon the coming into force of the Services Agreement; and the provisions of this DPA shall continue in force until the Services Agreement is terminated.
2.3 If there is a conflict between this DPA and any other part of the Services Agreement, then this DPA shall take precedence.
2.4 For the avoidance of doubt, any breach of the provisions of this DPA shall constitute a breach of the Services Agreement, and the limitations and exclusions of liability in the Services Agreement shall apply with respect to any liability of a party under the provisions of this DPA.
3. Legal compliance
3.1 The Supplier shall comply with the Data Protection Laws with respect to the processing of the Customer Personal Data.
3.2 The Customer warrants to the Supplier that it has the legal right to disclose all Personal Data that it does in fact disclose to the Supplier under or in connection with the Services Agreement or this DPA.
4. Details of processing
4.1 The Customer shall only supply to the Supplier, and the Supplier shall only process, in each case under or in relation to this DPA:
(a) the Personal Data of data subjects falling within the categories specified on the Signature Page or in an Order (or such other categories as may be agreed by the parties in writing); and
(b) Personal Data of the types specified on the Signature Page or in an Order (or such other types as may be agreed by the parties in writing).
4.2 The Supplier shall only process the Customer Personal Data for the purposes of providing the Services, performing its other obligations under the Services Agreement or this DPA and exercising its rights under the Services Agreement or this DPA.
4.3 The Supplier shall only process the Customer Personal Data during the term of the Services Agreement and the relevant period following the end of that term specified on the Signature Page or in an Order, subject to the other provisions of this DPA.
5. Processing instructions
5.1 The Supplier shall only process the Customer Personal Data on the documented instructions of the Customer (including with regard to transfers of the Customer Personal Data to a third country under the Data Protection Laws), as set out in the Services Agreement or this DPA or any other document agreed by the parties in writing.
5.2 The Customer hereby authorises the Supplier to make the following transfers of Customer Personal Data:
(a) the Supplier may transfer the Customer Personal Data to its third party processors in the jurisdictions identified on the Signature Page or in an Order and may permit its third party processors to make such transfers, providing that such transfers must be protected by any appropriate safeguards identified therein; and
(b) the Supplier may transfer the Customer Personal Data to a country, a territory or sector to the extent that the competent data protection authorities have decided that the country, territory or sector ensures an adequate level of protection for Personal Data.
5.3 The Supplier shall promptly inform the Customer if, in the opinion of the Supplier, an instruction of the Customer relating to the processing of the Customer Personal Data infringes the Data Protection Laws.
5.4 Notwithstanding any other provision of this DPA, the Supplier may process the Customer Personal Data if and to the extent that the Supplier is required to do so by applicable law. In such a case, the Supplier shall inform the Customer of the legal requirement before processing, unless that law prohibits such information on important grounds of public interest.
6. Protection of Customer Personal Data
6.1 The Supplier shall ensure that persons authorised to process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
6.2 The Supplier shall implement appropriate technical and organisational measures to ensure an appropriate level of security for the Customer Personal Data.
7. Third party processors
7.1 The Supplier must not engage any third party to process the Customer Personal Data without the prior specific or general written authorisation of the Customer. In the case of a general written authorisation, the Supplier shall inform the Customer at least 14 days in advance of any intended changes concerning the addition or replacement of any third party processor, and if the Customer objects to any such changes before their implementation, then the Customer may terminate the Services Agreement on 7 days' written notice to the Supplier, providing that such notice must be given within the period of 7 days following the date that the Supplier informed the Customer of the intended changes. The Supplier shall ensure that each third party processor is subject to equivalent legal obligations as those imposed on the Supplier by this DPA.
7.2 The Supplier is hereby authorised by the Customer to engage, as sub-processors with respect to Customer Personal Data, third parties within the categories identified on the Signature Page or in an Order.
8. Assistance, notifications and information
8.1 The Supplier shall, insofar as possible and taking into account the nature of the processing, take appropriate technical and organisational measures to assist the Customer with the fulfilment of the Customer's obligation to respond to requests exercising a data subject's rights under the Data Protection Laws.
8.2 The Supplier shall assist the Customer in ensuring compliance with the obligations relating to the security of processing of personal data, the notification of personal data breaches to the supervisory authority, the communication of personal data breaches to the data subject, data protection impact assessments and prior consultation in relation to high-risk processing under the Data Protection Laws. The Supplier may charge the Customer at its standard time-based charging rates for any work performed by the Supplier at the request of the Customer pursuant to this clause 8.2.
8.3 The Supplier must notify the Customer of any Personal Data breach affecting the Customer Personal Data without undue delay and, in any case, not later than 36 hours after the Supplier becomes aware of the breach.
8.4 The Supplier shall make available to the Customer all information necessary to demonstrate the compliance of the Supplier with its obligations under this DPA. The Supplier may charge the Customer at its standard time-based charging rates for any work performed by the Supplier at the request of the Customer pursuant to this clause 8.4, providing that no such charges shall be levied with respect to the completion by the Supplier (at the reasonable request of the Customer, not more than once per calendar year) of the standard information security questionnaire of the Customer.
8.5 The Supplier shall allow for and contribute to audits, including inspections, conducted by the Customer or another auditor mandated by the Customer in respect of the compliance of the Supplier's processing of Customer Personal Data with this DPA. The Supplier may charge the Customer at its standard time-based charging rates for any work performed by the Supplier at the request of the Customer pursuant to this clause 8.5, providing that no such charges shall be levied where the request to perform the work arises out of any breach by the Supplier of this DPA or any security breach affecting the systems of the Supplier.
9. Deletion of Customer Personal Data
9.1 The Supplier shall following the end of the retention period specified on the Signature Page (or such other period as may be agreed in an Order) delete all copies of the Customer Personal Data in its possession or control, save to the extent that applicable law requires storage of that Customer Personal Data.
10. Changes to Data Protection Laws
10.1 If any changes or prospective changes to the Data Protection Laws result or will result in one or both parties not complying with the Data Protection Laws in relation to processing of Personal Data carried out under this DPA, then the parties shall use their best endeavours promptly to agree such variations to this DPA as may be necessary to remedy such non-compliance.
Personal data on record will be retained for 6 years unless requested to be destroyed by the Client. Data will be permanently destroyed after 6 years unless the Provider is requested to retain it for a longer period.
The Client warrants and represents that the Provider's expected use of the Personal Data for the Business Purposes and as specifically instructed by the Client will comply with the Data Protection Legislation.
Any notices to be served on either of the parties by the other shall be sent by prepaid recorded delivery or registered post or by facsimile or by electronic mail and shall be deemed to have been received by the addressee within 3 business days of posting or 1 business day of transmission if sent by facsimile or by electronic mail to the correct facsimile number (with correct answerback) or correct electronic mail address.
If Nutritics personnel are present on the Client's premises, the Client will provide without charge suitable office accommodation with use of telephone, fax, telecommunication facilities and secretarial services.
Clients shall reimburse all out-of-pocket expenses that may be incurred in connection with providing the Software, including travel and subsistence and the cost of providing the services of specialist support staff unless otherwise agreed in writing. Expenses, including travel and subsistence, and goods and services purchased on the Client's behalf, are charged at cost. For travel, Nutritics’ standard policies apply which are to use first class rail and economy class air travel within Ireland and business class or equivalent for overseas travel.
Governing Law and Submission to Jurisdiction
These Terms and Conditions, including exhibits and all matters relating to it, shall be governed by, and construed in accordance with, the laws of Ireland (without giving effect to choice of law principles). Any action or proceeding arising out of or relating to these Terms and Conditions or the Software shall be brought and maintained exclusively in the Courts of Ireland. The parties hereby expressly and irrevocably (i) submit to the exclusive jurisdiction of such courts for the purposes of any such action or proceeding and (ii) waive, to the fullest extent permitted by law, any defence of inconvenient forum to the venue and maintenance of such action in any such courts.
(a) Except as instructed otherwise in writing, each party may assume that the other approves of properly addressed facsimile, email (including email exchanged via Internet media) and voicemail communication of both sensitive and non-sensitive documents and other communications concerning these Terms and Conditions, as well as other means of communication used or accepted by the other.
(b) It is recognised that the internet is inherently insecure and that data can become corrupted, communications are not always delivered promptly (or at all), and that other methods of communication may be appropriate. Electronic communications are also prone to contamination by viruses. Each party will be responsible for protecting its own systems and interests and, to the fullest extent permitted by law, will not be responsible to the other on any basis (contract, tort or otherwise) for any loss, damage or omission in any way arising from the use of the Internet or from access by Nutritics personnel to networks, applications, electronic data or other systems of the Client Group.
Entire Agreement, Modification and Effectiveness
(a) These Terms and Conditions supersede any previous agreement, understanding or communication, written or oral, relating to its subject matter.
(b) No variation to these Terms and Conditions shall be effective unless it is documented in writing and signed by authorised representatives of both parties.
Limitation on Warranties
Nutritics warrants that the Software will be provided with reasonable skill and in good faith. The express representations, warranties and obligations of Nutritics in these Terms and Conditions are made expressly in place of and to the exclusion (to the fullest extent permitted by law) of all other representations, terms and conditions, express or implied, statutory or otherwise, relating to anything supplied or to be supplied and services provided or to be provided by or on behalf of Nutritics under or in connection with these Terms and Conditions, including without limitation any implied terms as to performance, fitness for a particular purpose, satisfactory quality or otherwise relating to the Software or any part.
Nothing in these Terms and Conditions will prevent or restrict Nutritics, from providing the Software to other clients, subject to the obligations of confidentiality set out above even if those other clients’ interests are in competition with the Client Group.
(a) The Client will not offer employment to any Nutritics staff member or induce or solicit any such person to take up employment with the Client Group; nor will the Client Group use the services of any such person, either independently or via a third party, for a period of six months following the end of any involvement by that person with any engagement for the Client. Breach of this condition will render the Client liable to pay Nutritics liquidated damages, the rate of which will be determined by the Nutritics Board and at a minimum be equal to the three times the existing salary of the individual concerned.
Foodprint Terms and Conditions
Nutritics Foodprint labels are based on calculations made using various sources of information. While we strive to provide accurate and reliable information from scientific sources, we cannot guarantee the accuracy or completeness of these estimates. We encourage you to exercise your own judgement and due diligence in evaluating the environmental impact of products and make your own decisions based on your own research and analysis. Please note that the use of Foodprint labels does not constitute an endorsement or certification of the environmental impact of products, and are not intended for comparison between products or suppliers.
By using Foodprint labels, you acknowledge and agree that they are only intended to provide food or recipe level information and should not be relied upon as a substitute for your own independent research and analysis. It is the responsibility of the Requestor to provide comprehensive, relevant information that reflects their production practices. Food business operators, at all stages of the food chain, where their activities concern the provision of food information have an obligation to ensure the accuracy of provision of food information. Nutritics assumes no responsibility for any errors or omissions in the information provided.
It is the user's responsibility to ensure that they comply with all relevant regulations and have the proper authorisation to use and display brand accreditation logos. By using the online system and displaying the logos, the user represents and warrants that they have the legal right to do so and will comply with all applicable laws and regulations from the relevant authorising body. Nutritics makes no representations or warranties regarding the accuracy or completeness of any accreditation logo or the legality of any user's use of such logo. By using our system, you acknowledge and agree that in the event of a regulatory request for data related to brand use, we are obligated to provide such information to the requesting regulatory body. Nutritics shall not be liable for any damages resulting from any unauthorised use of the logos or any other harm arising from a user's use of the online system.
By installing Nutritics, you are agreeing to the terms and conditions listed above.
Last Revised: January 2020
Nutritics is committed to the highest standards of privacy and data protection compliance and expects all its employees, contracted resale partners and management to adhere to these standards.
Nutritics operates an online nutrition management platform which enables professionals to nutritionally analyse diet logs, meal plans, recipes, activity and manage menus (the “Service”).
We understand that privacy is important to our clients. We respect your privacy and will take all reasonable steps to safeguard and protect your information.
2. Personal Data
The term “Personal Data”, as used in this Policy, refers to any data (whether by itself or when linked with other information in the possession of, or likely to come into the possession of, Nutritics) that can be used to identify a specific living person. Personal Data does not include information that has been aggregated or made anonymous such that it can no longer be reasonably associated with a specific person.
This Policy applies to the Nutritics.com website, including all subpages and successor pages (collectively referred to as the “Website”), and also applies to all platform and software services (the “Services”) that we offer.
This Policy does not apply to any website, product or service of any third-party company even if the website links to (or from) our Website. Please always review the privacy practices of any third-party company before deciding whether to provide any information.
By using our Website or Services, you are accepting the practices described in this Policy. If you do not agree with this Policy, please delete all cookies from your browser cache after visiting our Website and do not visit or use our Website or Services. Your continued use of our Website or Services will signify your acceptance of this Policy.
4. Collection and Use of your Personal Data
We may collect Personal Data from our Clients in order to enable us to provide our Services.
Broadly speaking, we collect information in two ways: (1) when you provide it directly to us, and (2) passively through technology such as “cookies” (described below).
4.1 Cookies and Web Server Logs
“Cookies” are a feature of web browser software that allows web servers to recognise the computer used to access a website. Cookies can remember what information a computer accessed on one web page to streamline activities on related web pages and to make the online experience easier and more personalised. Log files are used to monitor, measure, analyse, improve, and troubleshoot our Services.
We utilise “cookies” and other technologies to collect non-personally-identifiable information from our Website and from other websites that use our Services. Information gathered through cookies and web-server log files may include information such as the date and time of visits, the pages viewed, IP addresses, links to/from any page, and time spent at our site.
We use cookie data to measure web traffic and usage activity on our Website for purposes of monitoring, troubleshooting and improving our Website and Services, to look for possible fraudulent activity, and to better understand the sources of traffic on our Website. Cookies also allow our servers to remember your account information for future visits and to provide personalised and streamlined information across related pages on our Website and also across other websites or applications that use our Services. You can choose to disable cookies for our Website but this may limit your ability to use our Website and Services.
4.2 Marketing and Cookies Opt-Out
We may occasionally contact you through email, phone or with notices posted on our websites or apps. We will send you messages about our products, security, or other service-related issues. We will also send messages about how to use the products, software updates, events, and promotional messages. You may change your communication preferences at any time. Please be aware that you cannot opt-out of receiving service messages from us, including security and legal notices, while you have an active licence subscription.
If you wish to opt out of having cookies set on your browser, the only way to ensure that this happens is to manage the settings on your web browser to delete all cookies and disallow further acceptance of cookies. Note that disabling cookies on your browser prevents Nutritics from tracking your activities in relation to our Website and Services. However, it may also disable many of the features available through our Websites and Services and some aspects of our Services may not work properly if you do so. For more information, refer to your browser’s technical information. You may also consider visiting aboutcookies.org, which provides helpful information about cookies.
5. Website Visitors
To simply browse our Website, you are not required to provide any Personal Data. However, we may gather non-personally-identifiable information, as described directly above, solely for the purposes of monitoring and improving our Website and Services. We will not share this information with third parties or use it to target any advertisements to you.
Our Website and Services are directed to the general public. We do not knowingly collect information from children under 15 years of age or have any reasonable grounds for believing that children under the age of 15 are accessing our Website or using our Services. If we learn that we have inadvertently collected Personal Data from a child under age 15, we will delete that information as quickly as possible. If you believe that we might have any information from a child under age 15, please contact us at firstname.lastname@example.org.
6. Sharing and Disclosure of your Personal Data
Nutritics does not sell or rent your Personal Data to marketers or third parties. Nutritics may disclose Personal Data it collects about you to trusted third parties who are integral to the operation of our Website and Services for a variety of purposes in connection with providing our Services, operating our Website and special offers to you. These third parties may include our agents, related bodies corporate, contractors, financial institutions, payment processors, verification services and credit bureaus, as well as any third parties that you have directly authorised to receive your Personal Data.
We may disclose your Personal Data to law enforcement, government officials, or other third parties if required by law or we believe in good faith that the disclosure is necessary to prevent physical harm or financial loss, to report suspected illegal activity, or to investigate violations of our Terms of Service.
In addition, in the event of a merger, acquisition, reorganisation, bankruptcy, or other similar events, certain information in our possession may be transferred to our successor or assign.
Any sharing or disclosure of your Personal Data will be in compliance with applicable data protection laws and regulations.
7. Retention of your Personal Data
Personal Data that we collect and use for any purpose or purposes shall not be retained for longer than is necessary for that purpose or those purposes. You may choose to delete your account and all information in its entirety and permanently from within your account, or by emailing our team.
8. Protection of Personal Data
Nutritics takes all reasonable steps to ensure that the Personal Data we collect, use or disclose is accurate, complete, up-to-date, relevant and stored securely.
We also take all reasonable steps to ensure that the Personal Data we hold is protected from misuse, interference, loss, unauthorised access, modification or disclosure by the use of various methods including access limitation, and 256 bit Secure Socket Layer (SSL) encryption technology to safeguard all information in transit to and from our server. Other security safeguards include, but are not limited to data encryption, firewalls, and physical access controls to building and files.
Nutritics maintains strict administrative, technical and physical procedures to protect information stored in our servers. Access to information is strictly limited (through user/password credentials and software systems) to those employees who require it to perform their job functions.
9. Financial Information
10. Customer Service Management
11. Client Data Security Obligations
You are fully responsible for the security of any username or password information held, or otherwise in your possession. You shall keep confidential any methodologies and technology used by Nutritics in connection with the Services.
12. Security Controls
Nutritics is responsible for protecting the security of Personal Data in our possession and will maintain commercially reasonable administrative, technical, and physical procedures to protect all the personal information regarding you and your customers that is stored in our servers from unauthorised access and accidental loss or modification.
Nutritics has been advised by the office of the Data Protection Commissioner that the Services are exempt from registration as a Data Controller under section 3 (G) Statutory Instrument 657 of 2007.
Nutritics will comply with the applicable data protection laws, including in particular, the adoption of laws consistent with the EU Directive 95/46/EC (“EU Data Directive”) binding in United Kingdom, as amended from time to time.
13. References to Our Relationship
You agree that, from the time you begin using Nutritics until you terminate your account with us, we may identify you as a Client of Nutritics. Neither you nor we will imply any untrue sponsorship, endorsement or affiliation between you and Nutritics.
14. Force Majeure
No party will be liable for delays in processing or other non-performance caused by such events as fires, telecommunications or internet failures, utility failures, power failures, equipment failures, employment strife, riots, war, terrorist attack, non-performance of our vendors or suppliers, acts of God, or other causes over which the respective party has no reasonable control.
15. Disputes; Choice of Law; Jurisdiction and Venue
This Agreement is concluded in English.
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) (a “Dispute”) will be governed by and construed in accordance with the laws of the Republic of Ireland.
Any Dispute shall be finally resolved by arbitration under the LCIA Rules by a sole arbitrator appointed in accordance with the said Rules. It is agreed that the seat of the arbitration shall be Dublin and the language of the arbitration shall be English.
Headings are included for convenience only, and shall not be considered in interpreting this Agreement. The Agreement does not limit any rights that we may have under trade secret, copyright, patent or other laws. Our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
16. Changes to this Policy
We reserve the right to make changes to this Policy from time to time. Please review this Policy periodically to check for updates. If any changes are material and/or retroactive, we may provide additional notice and/or an opportunity to “opt-in,” as appropriate under the circumstances. We may also advise you of changes to this policy by emailing and/or mailing the revised policy to any addresses you provide us.
This privacy statement explains how we collect, use, share and protect your personal information along with your personal health information when you log into our application (app) Libro. Please take the time to read the statement carefully and be aware that by using the app, you agree that you have read this privacy statement and are consenting to the privacy practices described here. We will not use or disclose your information without your consent, except as described in this privacy statement.
Disclaimer / Your Health information
You are responsible for your own health. The suggestions provided here are suggestions. There are many variables to consider and every individual is different. We recommend that you always consult a medical professional before making changes to diet or physical activity. We are not responsible for any personal injury or any damages that may have been the result, direct or indirect, of any use or misuse of the services.
The information we collect and how we collect it
Personal information: As part of the registration process for the app we will collect certain personal information including your email, date of birth and gender. At any stage you can decide not to provide us with certain details of your personal information. However if you do choose not to provide us with certain information it could affect our ability to provide you with certain aspects of our service.
Personal health information: In order to offer you all aspects of our apps service we require you to provide information about your health, such as weight and other anthropometric measurements. Without this information we will be unable to offer you specific individualised advice. However all of this information is purely to deliver you the best possible advice. It will remain anonymous and will not be shared with any external / third parties.
How we use your information
In general personal or personal health information you share with us is used to:
Provide you with general advice / suggestions that are personalised to your diet and activity
- To facilitate the creation of and secure your account on our network
- To improve our service, including researching and developing new features as part of this service
- To personalize the service to better meet your needs
- To analyse performance and trends of our service
- To investigate and help prevent security issues and abuse
Data you have shared with us is never sold nor shared with 3rd parties. It is never used for advertising purposes.
We may create anonymous data records from personal data by excluding information (such as your name, date of birth, email etc) that make the data personally identifiable to you. This anonymous data may be used to analyse your usage patterns and improve the content of our application. The anonymous data may also be used for health research purposes, including but not limited to research focused on improving our current knowledge around capturing habitual dietary intake data.
Data retention policy
In relation to your personal data we will retain the data for the duration of a user’s active subscription with the app and for a reasonable time thereafter. If you would like us to delete your data you can contact us and we will respond within a reasonable time.
Security of your personal data
We are committed to protecting the security of your personal data. We limit access of your personal data to employers and contractors who need to know that information in order to operate, develop or improve our application. We protect your personal information from loss or theft, as well as unauthorized access, disclosure, copying, use or modification. Please be aware that no security system can prevent all potential security breaches. While we will make every possible effort to do so we cannot guarantee absolute security.
Using our services
Using our service requires you to follow some simple rules. Do not misuse the service so that anyone is harmed in any way. By using the service you agree that: All the personal information provided by you is accurate and up to date. You are solely responsible for all the activities on your account and all the content that is uploaded and / or created under your account.
Your membership, under your email and password is personal and may not be transferred or used by someone else. You are responsible for storing your login details in a safe manner. We are not responsible for any loss or damage caused by unauthorized access to your account or use of your login details. If you learn of any unauthorised use of your account you must immediately inform us.
The application is not intended for use by persons under the age of 18 years unless supervised by a healthcare professional using Nutritics. To use this application, you must be 18 years and over unless specifically invited by a healthcare professional using Nutritics who has sought appropriate permissions.
Violation of any of these terms will lead to a direct termination of your user account.
You may not engage in any commercial activities, advertise and/or provide links to where commercial activities are present through our services.
You may not transmit and/or distribute files that may damage ours and others computers or property (e.g. viruses).
You may not share others personal information without their approval.
You can also rectify, restrict, limit or delete much of your information by logging into your account. If you are unable to do this, please contact us. We will generally respond to your request as soon as possible.
You can at any time choose to cancel/end your account at your convenience.
Links to Third-Party Sites
With the exception of “Links to Third Parties”, any rights in and to the services, including any trademarks, service marks, trade names and copyrighted content (collectively “intellectual property”) presented within the service are the property of Nutritics. You agree not to use intellectual property for any other purposes except for the use of the service, unless required otherwise by applicable mandatory law.
Modern Slavery and Human Trafficking Statement
This slavery and human trafficking statement is made by Nutritics pursuant to section 54 of the Modern Slavery Act 2015 (the "Act") for the financial year ending on 30 June 2021. It sets out the steps taken by Nutritics to ensure that slavery and human trafficking are not present in our business or direct supply chain.
Nutritics is the leading global provider of food information and nutrition management software. Headquartered in Dublin with 6 offices worldwide, Nutritics has a multidisciplinary team and serves a global clientele in the healthcare, elite sport, food services, food manufacturing, and education sectors.
Our supply chain
At Nutritics, we consider ourselves to be low risk in relation to modern slavery, given the services we provide and the type of suppliers we use. Our key supply chain comprises our global network of service and information providers, many of whom are highly skilled experts and industry specialists. We periodically review our use of suppliers and, as necessary, adapt our processes if we determine that our risk has changed.
Our approach to combatting modern slavery
Nutritics is committed to conducting business in a responsible and ethical manner. We have a zero tolerance approach to modern slavery and expect the same high standards and commitment from those we do business with.
Nutritics’ internal policies and procedures aim to ensure that effective systems and controls are in place to prevent slavery and human trafficking from occurring in any part of our business. Nutritics’s Code of Conduct and Business Ethics promotes a culture of integrity by establishing principles for how we deal with our clients, employees and the public. Amongst other things, the values and rules set out in the Code encourage us to foster a safe, healthy and productive wo