Washington State Consumer Health Data Privacy Policy

Last Updated:  March 31, 2024

This Washington State Consumer Health Data Privacy Policy ("WA CHD Privacy Policy") supplements the Fetch Rewards (“Company”, “we”, “us”) Privacy Policy  (“Privacy Policy”) and applies to the extent you are a resident of the state of Washington from whom we collect “consumer health data” (“CHD”), as defined by the Washington State My Health My Data Act (“MHMDA”), or to personal data we collect in Washington, to the extent such data is CHD.  Where there are differences between this WA CHD Privacy Policy and our general Privacy Policy, this WA CHD Privacy Policy governs.

Consumer Health Data We May Collect

As described in the What Information does Fetch Collect? of our Privacy Policy, the data we collect varies and depends, among other things, on the context of your interactions with us, the products and features you use, and applicable law. Because MHMDA defines CHD very broadly, some of the categories of data we collect could also be considered CHD under that law even though we do not use it to identify health conditions or status.  We only collect and use the below information to provide the goods and services you request and to enable your intentional interaction with our Brands and your ability to acquire points.

Below are examples of the categories of data we collect that could be deemed CHD:

  • Information about your health-related conditions, symptoms, status, diagnoses, testing, or treatments. For example, we may collect such information when it might be associated with a product or service you purchase and for which you provide us information on your receipts or to otherwise obtain points.
  • General location information that could reasonably indicate your attempt to acquire or receive health services or supplies. For example, if your receipt information   is consistent with a store where you can purchase medications or health products relating to our Program, we may collect location data that could be deemed to reveal health-related information.
  • Information that could be related to reproductive or sexual health information such as information about products you purchase.
  • Information that could identify your attempt to seek health care services or information, including services that allow you to assess, measure, improve, or learn about your or another person’s health. For example, we collect your search queries, which may include queries concerning nutrition, wellness, fitness, or other health-related products.

We collect other information that does not likely qualify as CHD as described in our Privacy Policy in order to provide our Website, the associated Applications, and web applications (collectively, the “Services”) or operate our business such as information about products or services you have purchased, which we do not process to associate or identify you with CHD.

Sources of Consumer Health Data

To the extent any of the information we collect constitutes CHD, we collect personal data (which may include CHD as described above) directly from you, from your interactions with our site and applications, products and services, from third parties.

Why We Collect and Use Consumer Health Data

To the extent we collect and use CHD, we do so for the purposes described in the How Does Fetch Use Your Information? section of our Privacy Policy. More specifically, we collect and use information that could be considered CHD:

  • As reasonably necessary to provide you with the products or services you have requested or authorized. This may include delivering and operating the products and services and their features, responding to your communications, personalization of certain product or service features, ensuring the secure and reliable operation of the products and the systems that support them, troubleshooting and improving the products, and other essential business operations that support the provision of the products or services (such as analyzing our performance, meeting our legal obligations, developing our workforce, and conducting research and development).
  • For any purpose for which you consent or direct us to collect or use it.

We may use CHD for other purposes for which we will give you choices and/or obtain your consent as required by law. See the Privacy Rights section of the Privacy Policy and the How to Exercise Your MHMDA Rights section below for more details on the rights and choices you may have.

Our Disclosure of Consumer Health Data

We may disclose each of the categories of data that could be considered CHD described above for the purposes described below:

  • To the extent necessary to provide a product or service that you have requested or as reasonably necessary to complete any transaction or provide any product or service you have requested or authorized, as described above.
  • If we are involved in a merger, asset sale, financing, corporate divesture, reorganization, or acquisition of all or some portion of our business to another company or if we undergo liquidation or bankruptcy proceedings, we may disclose your information in connection with such transaction or proceeding before and or after the transaction closes or the proceedings are completed.
  • For any purpose for which you consent or direct us to disclose it.
  • We may disclose data when we believe that doing so is necessary to comply with applicable law or respond to valid legal process.
  • We do not exchange information that could be CHD with third parties for monetary or other valuable consideration.

Third Parties To Whom We Disclose Consumer Health Data

As necessary for the purposes described above to provide our Reward program and service that you request from us, we disclose information that could be considered CHD with the following categories of third parties:

  • Service providers. Vendors, service providers, or contractors (“processors”) that provide services on our behalf may access information that might be considered CHD for the purposes described above. For example, companies that provide customer service support, technical services, or assist in protecting and securing our systems and services may need access to data to provide those functions on our behalf.
  • Parties to a corporate transaction. We may disclose information that might be considered CHD as part of a corporate transaction or proceeding such as a merger, financing, acquisition, bankruptcy, dissolution, or a transfer, divestiture, or sale of all or a portion of our business or assets.
  • Affiliates. We enable access to data across our subsidiaries, affiliates, and related companies, for example, where we disclose common data systems or where access helps us to provide our services and operate our business. A full list of specific affiliates is available by request through our Privacy Rights request process.
  • Government agencies. As described in our privacy statement and our Law Enforcement Requests Report, we disclose data to law enforcement or other government agencies when we believe doing so is necessary to comply with applicable law or respond to valid legal process.
  • Other third parties. In certain circumstances, it may be necessary to provide data to other third parties, for example, to comply with the law or to protect our rights or those of our customers.
  • Other users and individuals. If you use our services to interact with other users of the service or other recipients of communications, we may disclose data, including information that might be considered CHD, as directed by you and your interactions for example when you post such information in a public forum, in order to provide the services or product you request.

How to Exercise Your MHMDA Rights

MHMDA provides certain rights with respect to CHD, including rights to confirm collection of, access, delete, or withdraw consent relating to such data, subject to certain exceptions. You can request to exercise such rights using the methods described in the Privacy Rights section of the Privacy Policy. And if you want to access or control CHD that we process that is not available via those methods, you can contact us using the contact information in the Contact Us section of the Privacy Policy, or by using our web form (https://help.fetch.com/hc/en-us/requests/new?ticket_form_id=360002153013).

If your request to exercise a right under the MHMDA is denied, you may appeal that decision by contacting our privacy support team at privacy@fetch.com or via web form. If your appeal is unsuccessful, you can raise a concern or file a complaint with the Washington State Attorney General at www.atg.wa.gov/file-complaint.