Consumer Health Data Privacy Policy

Last Updated: March 3, 2026

This Consumer Health Data Privacy Policy (this “CHD Policy”) supplements the NextPlay Privacy Policy (the “Privacy Policy”) and applies to personal data defined as “consumer health data” (“CHD”) by the Washington state My Health My Data Act (“MHMDA”), Nevada’s Consumer Health Data Privacy Law (“Nevada CHD Law”), and Connecticut’s Data Privacy Act (“CTDPA”). We refer to the websites, mobile applications, software platforms, virtual services, and all other services facilitated by or provided directly by NextPlay together in this CHD Policy as the “Services.” This CHD Policy is incorporated into our Terms of Use and Privacy Policy. Undefined capitalized terms shall have the meaning set forth in the Privacy Policy and the Terms of Use.

Categories of CHD Collected

As described further in our Privacy Policy, and depending on how you interact with NextPlay and applicable law, we may collect the following categories of CHD, as broadly defined in the MHMDA, Nevada CHD Law, and CTDPA:

  • Individual health conditions, treatment, diseases, or diagnoses: e.g. in connection with you seeking Services and products from NextPlay and through collection of your medical history as part of the Services you seek on or through NextPlay.
  • Social, psychological, behavioral, and medical interventions: e.g. through collection of your medical history as part of the Services you seek on or through NextPlay.
  • Health-related surgeries or procedures: e.g. through collection of health-related surgeries or procedures within your medical history as part of the Services you seek on or through NextPlay.
  • Use or purchase of prescribed medication: e.g. through the medical history as part of the Services you seek on or through NextPlay.
  • Bodily functions, vital signs, symptoms, or measurements of health information: e.g. as part of you seeking Services and through collection of your medical history as part of the Services you seek on or through NextPlay.
  • Diagnoses or diagnostic testing, treatment, or medication: e.g. as part of the medical history as part of the Services you seek on or through NextPlay, or when you otherwise seek Services and products from or through NextPlay.
  • Gender-affirming care information: e.g. as part of the medical history collected as part of the Services you seek on or through NextPlay, or when you otherwise seek Services and products from or through NextPlay.
  • Reproductive or sexual health information: e.g. as part of the medical history collected as part of the Services you seek on or through NextPlay, or when you otherwise seek Services and products from or through NextPlay.
  • Genetic data: e.g. where such information is included in medical history collected as part of the Services you seek on or through NextPlay.
  • Data that identifies a consumer seeking health and wellness services: e.g. as part of the medical history collected as part of the Services you seek on or through NextPlay, or when you otherwise seek Services and products from or through NextPlay.
  • Other information that may be used to infer, derive, or extrapolate data related to the above or other health information.

Sources of CHD

As described further in our Privacy Policy, we collect information, which may include CHD from the following sources: (1) directly from you; (2) automatically through your use of the Services; (3) social media and other content platforms; (3) our performance center or clinic customers; and (4) other third-party sources.

Consent for Collection and Sharing of CHD

We obtain your consent before collecting or sharing your CHD, except to the extent necessary to provide a product or service you have requested from us.

Separate Consents Required. Your consent to collect CHD is separate and distinct from your consent to share CHD. We will not bundle these consents together or combine them with our Terms of Use or other agreements. We obtain valid consent through clear, affirmative actions (such as clicking an “I agree” button or checking an unchecked box) that demonstrate your freely given, specific, informed, and voluntary agreement.

What Our Consent Requests Include. When we ask for your consent to collect or share CHD, we will clearly and conspicuously disclose:

  • The categories of CHD to be collected or shared;
  • The purpose of the collection or sharing of the CHD, including the specific ways in which it will be used;
  • The categories of entities with which the CHD will be shared (if applicable); and
  • How you can withdraw your consent from future collection or sharing of your CHD.

Prohibited Consent Practices. We will not:

  • Require you to accept our general Terms of Use, Privacy Policy, or similar documents as a method of obtaining consent for CHD collection or sharing;
  • Use pre-checked boxes, hovering, muting, pausing, or closing content as a form of consent;
  • Use deceptive design practices to obtain consent; or
  • Condition the provision of our goods or services on your consent to collect or share CHD beyond what is necessary to provide the requested product or service.

Withdrawing Your Consent. You have the right to withdraw your consent to our collection and/or sharing of your CHD at any time. You can withdraw consent by submitting a request through our webform/contacting us at contact@nextplaynutrition.com. Once we receive and verify your withdrawal request, we will cease collecting and/or sharing your CHD as directed, except to the extent necessary to provide a product or service you have requested or as otherwise required or permitted by law.

Authorization for Sale of CHD. We do not sell your CHD. If we seek to sell your CHD, we will obtain a separate valid authorization from you that includes: (i) specific categories of CHD to be sold; (ii) the name and contact information of the purchaser; (iii) the purpose of the sale and how the CHD will be used; (iv) your signature and date; (v) a statement that you may revoke authorization at any time; (vi) a statement that the CHD may be subject to redisclosure by the purchaser and may no longer be protected; and (vii) an expiration date no later than one year from your signature. This authorization is separate from consent to collect or share CHD.

Purposes for Collection of CHD

We describe the purposes for collection and use of CHD in this policy and our Privacy Policy. As further described herein and subject to applicable law, we may collect and use CHD as directed by you or with your consent, or (1) to provide and manage the Services; (2) to analyze and improve the Services; (3) for advertising and marketing; and (4) for legal purposes, such as to comply with laws or to establish, exercise, or defend our legal rights.

Data Minimization and Retention

Data Minimization. We limit our collection, use, and retention of CHD to what is necessary and proportionate to:

  • Provide the products and services you have requested from NextPlay;
  • Fulfill the purposes for which you provided consent; or
  • Comply with our legal obligations.

We restrict access to CHD to only those employees, service providers, contractors, and third parties who need access to such data to further the purposes for which you provided consent or to provide the products or services you requested.

Data Retention Schedules. We retain CHD only for as long as necessary to fulfill the purposes described in this CHD Policy and our Privacy Policy, unless a longer retention period is required or permitted by law. Our retention periods vary depending on the type of CHD and the purpose for which it was collected:

  • Account and Service Information: We retain CHD associated with your account and the Services you receive for 7 years after your last interaction with NextPlay, or as long as your account remains active, whichever is longer.
  • Medical History and Treatment Information: We retain medical history, treatment information, diagnoses, and prescription information for 7 years from the date of last service.
  • Marketing and Analytics Data: We retain CHD collected for marketing, analytics, or service improvement purposes for 3 years from the date of collection.
  • Transaction Records: We retain transaction and billing records for 7 years to comply with tax, accounting, and legal requirements.

Derived and Inferred Data. Data minimization and retention schedules also apply to CHD that is derived, inferred, or extrapolated from other information, including through algorithms, machine learning, or other analytical methods. Such derived or inferred CHD is subject to the same consent, access restrictions, and retention limitations as directly collected CHD.

Deletion Upon Request. When you exercise your right to delete your CHD, we will delete your CHD from our active systems, archives, and backup systems, and will instruct our affiliates, service providers, contractors, and other third parties with whom we have shared your CHD to also delete such data, except where retention is necessary to:

  • Complete a transaction for which the CHD was collected, provide a product or service you requested, or fulfill our contract with you;
  • Comply with a legal obligation; or
  • Use the CHD internally in a lawful manner compatible with the context in which you provided the information.

When CHD is deleted, we will de-identify or aggregate the data in accordance with applicable law such that it can no longer be linked or reasonably linkable to you.

How and Why We Share CHD

We may share each of the categories of CHD described above for business purposes with the categories of entities described in the “How Will NextPlay Use Your Personal Data” section of our Privacy Policy. As further described in our Privacy Policy and subject to applicable law, we may share the categories of CHD:

  • to deliver products and services to you, including to complete any transactions initiated by you;
  • to deliver products and services to you through a performance center or clinic, if you registered through a performance center or clinic;
  • to ensure a consistent level of service across our products and services;
  • to enhance our products, services, and your customer experience;
  • with your consent, such as disclosures for certain advertising or promotional efforts, including allowing third parties to collect CHD across our Services;
  • to protect NextPlay and others, including to enforce our Terms of Use, Privacy Policy, or other contracts with you, and for fraud prevention;
  • to comply with our legal obligations; and
  • in connection with any negotiation or completed acquisition, merger, or purchase involving our business assets.

As described in our Privacy Policy, we reserve the right to create Aggregate/De-Identified Data from the information we collect through the Services and our disclosure of such Aggregate/De-Identified Data is in our discretion.

As further described in our Privacy Policy, and subject to applicable law (e.g. subject to your consent in certain situations), we may share CHD with the following categories of third parties and affiliates:

  • Health Care Providers;
  • Service Providers;
  • Performance Centers;
  • Advertising Networks;
  • Joint Product/Marketing Partners;
  • For the Protection of NextPlay and Others (e.g. to governmental or regulatory agencies);
  • For Legal Purposes (e.g. to governmental entities in response to legal process);
  • As Necessary for Business Transfers; and
  • At Your Direction or With Your Consent (such as sharing with other users/public if you post in public forums or interact with other users).

How To Exercise your MHMDA, Nevada CHD Law, or CTDPA Rights

Subject to exceptions, the MHMDA, Nevada CHD Law, and CTDPA extend certain rights with respect to CHD. Depending on your jurisdiction, this may include requests (1) to confirm whether NextPlay is collecting, sharing or selling your CHD; (2) to access your CHD; (3) to delete your CHD; (4) to withdraw your consent to the collection or sharing of your CHD, and (5) to correct inaccuracies in your CHD. You can seek to exercise these rights through our contact form. Depending on the nature of your request, we may contact you for further information to authenticate your identity. Note, however, that NextPlay will never ask you for sensitive personal or financial information when authenticating your identity, and no NextPlay employee will ask you to tell them your password.

If we deny your request in whole or in part, you may appeal that decision by contacting us at contact@nextplaynutrition.com If you are a resident of Washington and your appeal is denied, you can contact the Washington State Attorney General at atg.wa.gov/file-complaint. If you are a resident of Nevada and your appeal is denied, you can contact the Nevada Attorney General at ag.nv.gov/Complaints/File_Complaint/. If you are a resident of Connecticut and your appeal is denied, you can contact the Connecticut Attorney General at dir.ct.gov/ag/complaint/e-complaint

Geofencing Prohibition

We do not implement or use geofencing technology to establish a virtual perimeter around any entity that provides in-person health care services for the purpose of:

  • Identifying, tracking, or collecting data from consumers seeking health care services or products;
  • Collecting CHD; or
  • Sending notifications, messages, or advertisements related to your CHD or health care services.

This prohibition applies regardless of consent and reflects the requirements of the MHMDA, Nevada CHD Law, and other applicable laws.

Updates to this CHD Policy

We reserve the right to change this CHD Policy at any time to reflect changes in the law, our data collection and use practices, the features of our Services, or advances in technology. We will make the revised CHD Policy accessible through the Services, so you should review it periodically. The date this CHD Policy was last revised is identified at the top of the document. You are responsible for periodically monitoring and reviewing any updates to the CHD Policy. If we make a material change to the CHD Policy, we will provide you with appropriate notice in accordance with legal requirements. Your continued use of our Services after such amendments (and notice, where applicable) will be deemed your acknowledgment of these changes to this CHD Policy.

Contact Us

If you have any questions about this CHD Policy or NextPlay's privacy practices, please contact us at:

contact@nextplaynutrition.com
2706 Bungalow Place
Corona Del Mar, CA 92625