Updated 6.19.2020

Privacy and Cookies Policy

The Web sites gelesis.it, www.myplenity.com, and www.startplenity.com (collectively the “Web Sites”), are owned and operated by Gelesis, Inc. (“Gelesis”). Throughout this Privacy Policy the words “we,” “us,” and “our” refer to Gelesis and its affiliates, and the words “you” and “your” refer to the user visiting the Web Sites. This Privacy Policy applies to information that we collect at the Web Sites (including any mobile version) and our handling of such information. This Privacy Policy does not apply to our data collection activities offline or otherwise outside of our Web Sites (unless otherwise stated below). Please review the Web Sites’ Terms of Use, which governs your use of the Web Sites.

By accessing and using our Web Sites, you consent to our Privacy Policy, our Terms of Use and our collection, use and sharing of your information and data, and other activities, as described below.

1. What Information Do the Web Sites Collect?

(a) Information You Provide to Us

Personal Information. We may ask you to provide us with your personally identifiable information, which is information that identifies you personally, such as your first and last name, telephone number, e-mail address and mailing address, as well as health or other information you choose to provide to us. (“Personal Information”). We may collect this Personal Information through various forms and in various places on the Web Sites, including contact us forms and surveys, or when you otherwise interact with the Web Sites.

(b) Information Collected or Stored As You Access and Use the Web Sites

In addition to any Personal Information or other information that you choose to submit to us via our Web Sites, we and our third-party service providers may use a variety of technologies that automatically (or passively) store or collect certain information whenever you visit or interact with the Web Sites (“Usage Information”). This Usage Information may be stored or accessed using a variety of technologies that may be downloaded to your personal computer, browser, laptop, tablet, mobile phone or other device (a “Device”) whenever you visit or interact with our Web Sites. To the extent we associate Usage Information with your Personal Information we collect directly from you on the Web Sites, we will treat it as Personal Information.

This Usage Information may include:

• your IP address, Unique Device Identifier (UDID) or other unique identifier (“Device Identifier”). A Device Identifier is a number that is automatically assigned to your Device used to access the Web Sites, and our computers identify your Device by its Device Identifier;
• your Device functionality (including browser, operating system, hardware, mobile network information);
• the URL that referred you to our Web Sites;
• the areas within our Web Sites that you visit and your activities there, including remembering you and your preferences;
• your Device location;
• your Device characteristics; and
• certain other Device data or information, including the time of day.

Tracking Technologies. We may use various methods and technologies to store or collect Usage Information (“Tracking Technologies”). Tracking Technologies may set, change, alter or modify settings or configurations on your Device. A few of the Tracking Technologies include, without limitation, the following (and subsequent technology and methods later developed):

Cookies. A cookie is a data file placed on a Device when it is used to visit the Web Sites. A Flash cookie (or locally shared object) is a data file placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device. HTML5 cookies can be programmed through HTML5 local storage.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our Web Sites’ pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Web Sites, to monitor how users navigate the Web Sites, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Web Sites, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third-party service provider, is active only while you are connected to the Web Sites, and is deactivated or deleted thereafter.

Browser Fingerprinting. Collection and analysis of information from your Device, such as, without limitation, your operating system, plug-ins, system fonts and other data, for purposes of identification.

ETag, or Entity Tag. A feature of the cache in browsers. It is an opaque identifier assigned by a web server to a specific version of a resource found at a URL. If the resource content at that URL ever changes, a new and different ETag is assigned. Used in this manner ETags are a form of Device Identifier. ETag tracking may generate unique tracking values even where the consumer blocks HTTP, Flash, and/or HTML5 cookies.

Recognition Technologies. Technologies, including application of statistical probability to data sets, that attempt to recognize or make assumptions about users and devices (e.g., that a user of multiple devices is the same user).

Tracking Technologies Usage. We may use Tracking Technologies for a variety of purposes, including:

Strictly Necessary. We may use cookies or other Tracking Technologies that we consider are strictly necessary to allow you to use and access our Web Sites, including cookies required to prevent fraudulent activity and improve security.

Performance Related. We may use cookies or other Tracking Technologies that are useful in order to assess the performance of the Web Sites, including as part of our analytic practices or otherwise to improve the content, products or services offered through the Web Sites.

Functionality Related. We may use cookies or other Tracking Technologies that are required to offer you enhanced functionality when accessing the Web Sites, including identifying you when you sign-in to our Web Sites or keeping track of our specified preferences, including in terms of the presentation of content on our Web Sites.

Targeting Related. We may use Tracking Technologies to deliver content relevant to your interests on our Web Sites and third-party sites based on how you interact with our content. This includes using Tracking Technologies to understand the usefulness to you of the content that has been delivered to you.

Third Party Tracking, Tracking Technology Choices and “Do Not Track.”

There may be other Tracking Technologies now and later devised and used by us in connection with the Web Sites. Further, third parties may use Tracking Technologies in connection with our Web Sites, which may include the collection of information about your online activities over time and across third-party web sites or online services. We cannot control those Tracking Technologies and we are not responsible for them. You consent, however, to potentially encountering third-party Tracking Technologies in connection with the use of our Web Sites and accept that our statements under this Privacy Policy do not apply to the Tracking Technologies or practices of such third parties. Also, various third parties are developing or have developed signals or other mechanisms for the expression of consumer choice regarding the collection of information about an individual consumer’s online activities over time and across third-party web sites or online services (e.g., browser do not track signals). Currently, we do not monitor or take any action with respect to these signals or other mechanisms. If you do not want us to deploy cookies to your device when you visit our Web Sites, you may set the browser to reject cookies or to notify the user when a web site tries to place cookies in the browser program. Rejecting cookies may affect your ability to use some of features offered by our Web Site. If you use our Web Site without setting your browser to block cookies, you consent to the placement of cookies on your device.
We may use Google Analytics, a third party provider of analytics tools or a similar third party service to analyze information about visits to our website. For information about opting out of Google Analytics please visit: https://tools.google.com/dlpage/gaoptout.

(c) Information Third Parties Provide About You

We may, from time to time, supplement the information we collect directly from you on the Web Sites with outside records from third parties for various purposes, including to enhance our ability to serve you, to tailor our content to you and to offer you opportunities that may be of interest to you. To the extent we combine information we receive from those sources with your Personal Information we collect on the Web Sites, it will be treated as Personal Information and we will apply this Privacy Policy to such combined information, unless we have disclosed otherwise. In no other circumstances do our statements under this Privacy Policy apply to information we receive about you from third parties, even if they have used our technology to collect it and share it with us.

(d) Interactions with Third-Party Sites

The Web Sites may include functionality that allows certain kinds of interactions between the Web Sites and a third-party web site or application. The use of this functionality may involve the third-party operator providing certain information, including Personal Information, to us. If we offer and you choose to use this functionality to access or use our Web Sites, the third-party site or application may send Personal Information about you to us. If so, we will then treat it as Personal Information under this Privacy Policy, since we are collecting it as a result of your accessing of and interaction on our Web Sites. In addition, we may provide third-party sites’ interfaces or links on the Web Sites to facilitate your sending a communication from the Web Sites. These third parties may retain any information used or provided in any such communications or other activities and these third parties’ practices are not subject to our Privacy Policy. Gelesis may not control or have access to your communications through these third parties. Further, when you use third-party sites or services, you are using their services and not our services and they, not we, are responsible for their practices. You should review the applicable third-party privacy policies before using such third-party tools on our Web Sites.

2. How Do We Use the Information Collected?

Generally. We may use your Personal Information or Usage Information that we collect about you:
(1) to provide you with information or services or to process transactions that you have requested or agreed to receive, including to send you electronic newsletters;
(2) to enable you to participate in a variety of the Web Sites’ features;
(3) to send promotional or marketing emails, calls, text messages, or other communications to you on our own behalf or on behalf of other businesses or organizations with whom Gelesis has a business relationship in order to make you aware of benefits, products, or services related to your Plenity experience;
(4) to process any inquiry made by you, including verifying your information is active and valid;
(5) to improve the Web Sites or create new service offerings, to customize your experience on the Web Sites, or to serve you specific content that is most relevant to you;
(6) to contact you with regard to your use of any of the Web Sites and, in our discretion, changes to the Web Sites and/or any of the Web Sites’ policies;
(7) for fraud prevention and data security purposes;
(8) for other internal business purposes; and
(9) for purposes disclosed at the time you provide your information or as otherwise set forth in this Privacy Policy.

Contact Us. Please note that information submitted to the Web Sites via a “contact us” or other similar customer inquiry function may not receive a response.

3. How and When Do We Share Information with Third Parties?

We may share non-Personal Information, such as aggregated user statistics and ordering and browsing behavior information, with third parties. We may share your Device Identifiers with third parties along with non-Personal Information relating to your online activities. We do not share your Personal Information with third parties for those third parties’ direct marketing purposes unless we have given you the choice to consent or withhold consent to such sharing at the time you provide your Personal Information, in which case we will honor your choice. If we de-identify data about you, it is not treated as Personal Information by us, and we may share it with others freely. In addition, we may share the information we have collected about you, including Personal Information, as disclosed at the time you provide your information and as described below or otherwise in this Privacy Policy. Gelesis may also disclose your information as follows:

(a) When You Request Information From or Provide Information to Third Parties. You may be presented with an option on our Web Sites to receive certain information and/or marketing offers directly from third parties or to have us send certain information to third parties or give them access to it. If you choose to do so, your Personal Information and other information may be disclosed to such third parties and all information you disclose will be subject to the third-party privacy policies and practices of such third parties.
(b) Third Parties Providing Services on Our Behalf. We may use third-party vendors to perform certain services on behalf of us or the Web Sites, such as hosting the Web Sites, designing and/or operating the Web Sites’ features, tracking the Web Sites’ activities and analytics, and enabling us to send you special offers or perform other administrative services. We may provide these vendors with access to user information, including Device Identifiers and Personal Information, to carry out the services they are performing for you or for us.
(c) To Protect the Rights of Gelesis and Others. To the fullest extent permitted by applicable law, we may also disclose your information if we believe in good faith that doing so is necessary or appropriate to: (i) protect or defend the rights, safety or property of Gelesis or third parties (including through the enforcement of this Privacy Policy, our Terms of Use, and other applicable agreements and policies); or (ii) comply with legal and regulatory obligations (e.g., pursuant to law enforcement inquiries, subpoenas or court orders). To the fullest extent permitted by applicable law, we have complete discretion in electing to make or not make such disclosures, and to contest or not contest requests for such disclosures, all without notice to you.
(d) Affiliates and Business Transfer. We may share your Personal Information with our parent, subsidiaries and affiliates. We also reserve the right to disclose and transfer all such information: (i) to a subsequent owner, co-owner or operator of the Web Sites or applicable database; or (ii) in connection with an actual or proposed merger, consolidation, restructuring, the sale of substantially all of our interests and/or assets or other corporate change, including, during the course of any due diligence process.

4. Third-Party Content or Links To Third-Party Sites on the Web Sites

The Web Sites may contain content that is supplied by a third party, and those third parties may collect Usage Information and your Device Identifier when pages from the Web Sites are served to you. In addition, when you are on the Web Sites you may be directed to other services that are operated and controlled by third parties that we do not control. We are not responsible for the data collection and privacy practices employed by any of these third parties or their services and they may be tracking you across multiple sites and may be sharing the results of that tracking with us and/or others. For example, if you “click” on a link, the “click” may take you off the Web Sites onto a different site. These other sites may associate their Tracking Technologies with you, independently collect data about you, including Personal Information, and may or may not have their own published privacy policies. We encourage you to note when you leave our Web Sites and to review the third-party privacy policies of all third-party websites and exercise caution in connection with them.

5. Marketing Consent

You understand and agree that by providing your telephone number and other contact information, Gelesis and its agents may contact you with marketing messages about Plenity and other health-related communications using your telephone number and other contact information provided. You understand and agree that, with respect your telephone number, this may include sending you text messages (carrier fees may apply), and placing calls to your telephone number that use an automatic telephone dialing system, and/or an artificial or prerecorded voice. You understand that you are not required to provide your telephone number as a condition of purchasing any property, goods, or services. For information about how to opt-out of marketing communications or otherwise update your communications preferences, please see below.

6. How Do I Change My Information and Communications Preferences?

You are responsible for maintaining the accuracy of any information you submit to us. You may correct, change or delete your Personal Information by contacting us here. If you do so, we will make good faith efforts to make requested changes in our then active databases as soon as reasonably practicable (but we may retain prior information as business records). Please note that it is not always possible to completely remove or delete all of your information from our databases, and that residual data may remain on backup media or for other reasons. When you edit your Personal Information or change your preferences on the Web Sites, information that you remove may persist internally for Gelesis’ administrative purposes. You may cancel or modify our e-mail marketing communications you receive from us by following the instructions contained within our promotional e-mails. This will not affect subsequent subscriptions and if your opt-out is limited to certain types of e-mails the opt-out will be so limited. If you would like to opt-out of receiving text messages please type “stop” in response to a text message or reach out by email or postal mail as follows. If you would like to opt-out of receiving marketing or promotional calls from us, please follow the instructions that are provided in the calls or reach out by email or postal mail as follows. f you have any questions about the Privacy Policy or practices described in it, you should contact us in the following ways: Postal Mail: Attention: Privacy Officer, Gelesis, Inc., 501 Boylston Street, Suite 6102, Boston, Massachusetts 02116; By e-mail privacy@gelesis.com.

7. What About Transfer of Information to the United States?

Our Web Sites are operated in the United States and intended for users located in the United States. If you are located outside of the United States, please be aware that information we collect, including Personal Information, will be transferred to, and processed, stored and used in the United States. The data protection laws in the United States may differ from those of the country in which you are located, and your Personal Information may be subject to access requests from governments, courts, or law enforcement in the United States according to laws of the United States. By using the Web Sites or providing us with any information, you consent to the transfer to, and processing, usage, sharing and storage of your information, including Personal Information, in the United States as set forth in this Privacy Policy.

8. What Should Parents Know About Children?

We understand the importance of protecting children’s privacy in the interactive world. We do not use the Web Sites to knowingly collect personal information from children under the age of eighteen (18). If you are a child under 18 years of age, you are not permitted to use the Web Sites and should not send any information to us through the Web Sites. If you are a parent or guardian and you believe that your child under the age of 18 has provided us with personal information, please contact us at privacy@gelesis.com.

9. What About Security?

We endeavor to incorporate commercially reasonable safeguards to help protect and secure your Personal Information. No data transmission over the Internet, mobile networks, wireless transmission or electronic storage of information, however, can be guaranteed to be 100% secure. Please note that we cannot ensure the security of any information you transmit to us, and you use our Web Sites and provide us with your information at your own risk.

10. What About Changes to the Privacy Policy?

We reserve the right to change this Privacy Policy at any time. Any changes will be effective immediately upon the posting of the revised Privacy Policy and your use of our Web Sites indicates your consent to the privacy policy posted at the time of use. We will not, however, use your previously collected Personal Information in a manner materially different than represented at the time it was collected without your consent. To the extent any provision of this Privacy Policy is found by a competent tribunal to be invalid or unenforceable, such provision shall be severed to the extent necessary for the remainder to be valid and enforceable.