Privacy Policy

Migraine Heroes (trading as Gutify Ltd.) is a hyper-personalised set of dynamic algorithms based on nutrition and other non-invasive solutions, to recommend functional foods for optimal health. Those dynamic algorithms are provided as a Service in an App called Migraine Heroes, referred to hereunder as the "App".

We have prepared this Privacy Policy (Privacy Policy) to describe our practices regarding the personal information we collect from users on our website, located at www.migraineheroes.com, the services offered through the website, our Migraine Heroes App and any orders that you place (collectively, the Services).

Migraine Heroes (Gutify Ltd.) is committed to respecting and safeguarding your privacy and the security of your personal information in compliance with the New Zealand Privacy Act 1993.
In this Privacy Policy, we explain which personal information we collect, how we collect it, and for what purposes. This means, among other things, that we:

Explain in detail the categories of personal information we collect and how we collect it; Clearly state for what purposes and on what legal basis we process personal information; Strive to limit the collection of personal information to those needed for legitimate purposes only; First request your express consent to the processing of your personal information in cases where your consent is required; Implement appropriate security measures to protect your personal information, and demand the same of parties processing personal information on our instructions; and Respect your right to request access to and a copy of your personal information and have it corrected or deleted, among other rights you have as further described below.

Who is responsible for your personal information?

Migraine Heroes (Gutify Ltd.) is responsible for the collection and processing of personal information in connection with this Privacy Policy.

Why do we collect your personal information?

When you choose to register an account for our Services (an Account), use our App, Services, or otherwise contact us, we will ask you for some personal information about you, and sometimes some optional information about your use of our Services.
The main purposes for which we use your personal information are:

Administer your Account on our network;
Identify you as a user in our system;
Determine your health issues as accurately as possible;
Choose the ingredients and non-invasive solutions that correspond with you best;
Give you the best recommendations;
Track your progress;
Send you daily email reminders to fill in your tracker;
Adjust your recommendations based on your progress;
Respond to comments, requests and questions and provide customer service through the App;
Improve the quality of experience when you interact with our App and Services, including the testing of different page designs to see which performs better;
Send you administrative email notifications, such as security or support and maintenance advisories;
Resolve disputes and/or troubleshoot problems;
Develop, improve, and deliver marketing and advertising for the Services;
Respond to your enquiries related to employment opportunities or other requests;
Send newsletters, surveys, offers, and other promotional materials related to our App or Services and for other marketing purposes;
to send out notifications when changes are made to our policies and other (legal) documents which might concern you; and
to comply with legal obligations.

If you do not provide us with the information we request, we may not be able to fulfil the applicable purposes of collection as described above, such as to supply our App, Services to you, or respond to your requests or enquiries, or tailor our App, Website, or Services in the most beneficial way.

What legal grounds apply for processing your information?

We will only process your personal information where we have a legal basis to do so. The corresponding legal grounds for the processing of personal information for the above purposes are:

You have given us consent to process your personal information (for example if you have subscribed to our newsletter or if you have agreed to supply of our Services);
Processing is necessary for the performance of a contract with you, or to prepare entering into a contract with you at your request (for example, if you place an order);
Processing is necessary for other legitimate interests pursued by us (such as processing IP-addresses in order to prevent, detect and/or respond to abuse of our website); and
Processing is necessary to comply with a legal obligation (for example, due to regulations we may need to retain certain customer data).

How we collect your personal information

You can share your personal information with us in a number of ways, for instance by:

Subscribing to our newsletter (if any);
Ordering our Services;
Communicating with us by email, phone, social media, or in writing;
Participating in a promotion, event, contest or online forum, or by filling out a questionnaire or survey related to our Services;
Registering for an Account on the App;
Participating in a social media activity related to Migraine Heroes (Gutify Ltd.) and our Services by clicking "like" or "share";
Asking to receive messages on your App;
Participating in our surveys;
Social listening: we may search the Internet for relevant and publicly available content and use it to improve its products or services resolve consumer issues and provide targeted marketing;
Cookies placed by us or third parties on your computer or mobile device when you visit our website
When you use our App and Services, some information is automatically collected. For example, when you use our Services, your geographic location, how you use the Services, information about the type of device you use, your mobile network information, your Open Device Identification Number ("ODIN"), date/time stamps for your visit, your unique device identifier ("UDID"), and your browser type, operating system, Internet Protocol (IP) address, and domain name are all collected. This information is generally used to help us deliver the most relevant information to you and administer and improve the Services. In addition, in the event our Site crashes on your mobile device, we will receive information about your mobile device model software version and device carrier, which allows us to identify and fix bugs and otherwise improve the performance of our Site and services;
As is true of most websites, you share some information automatically which is stored by the website in log files. This information includes IP addresses, browser type, Internet service provider ("ISP"), referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information to maintain and improve the performance of the Services; or
We work with a number of third-party analytics (e.g., Google Analytics for Website and App) companies that collect information about how visitors use the Website so we can improve it. On this marketing Website, Google Analytics loads only after you allow Analytics cookies via Cookie preferences.

The personal information we process

By using our Services, you leave certain data with us or our service providers or agents, which may include personal information. We only store and use personal information that are provided directly by you or which are clearly provided to us for processing purposes as mentioned above or as mentioned when you provide us with personal information. We will not use the personal information for any other purposes unless you have given your prior consent. The following categories of personal information may be processed by us:

When you complete our online diagnostic survey, we collect body information such as physical biomarkers (e.g., the state of your hair, state of your skin, state of your menstruation), diet profile (e.g., diet followed, food intolerances or allergies), emotional markers (e.g., sense of anger), medical information (e.g., medications taken) or others (e.g., level of travel);
We collect a picture of your tongue on an ongoing basis;
We collect pictures of your skin for acne or other skin or prior surgery purposes;
When you fill in our daily tracker, we record the supplement foods you have actually eaten compared to what we have recommended you take, as well as other symptoms experienced on that day (e.g., particular pain, presence or absence of period);
When you participate in one of our surveys, we may collect additional profile information;
We may collect the unique device ID number of the mobile device on which you use the Site;
Contact details (e.g. first name, e-mail address);
Other personal details (e.g. gender, year of birth, ethnicity);
Information about questions you contacted us for;
Financial and transaction data (eg. bank account information, credit card or debit card number);
Account details (eg. email address, password); and
Information about our Services you have asked us to provide.

In addtion, by agreeing to utilize the services provided on this App and website, you hereby consent to the recording of video content during the onboarding process and follow-up consultations, as facilitated by Zoom. The purpose of these recordings is to allow our health practitioners to review and assess your needs effectively.

You acknowledge and agree that:

Recording Process: Video recordings will be made during your onboarding session and any subsequent follow-up consultations. These recordings will capture visual and auditory information to aid our health practitioners in providing you with personalized care.
Storage and Deletion: The video recordings will be stored securely on our servers and will only be accessible to health practitioners and 1 admin in charge of placing them. The recordings will be deleted after a reasonable period, typically within a year, except for the audio portion, which may be retained for a longer duration solely for quality assurance and training purposes.
Confidentiality: Your video recordings will be treated with the utmost confidentiality and will not be shared with any third parties without your explicit consent, except as required by law or for internal training and quality control purposes.
Consent Revocation: You have the right to revoke your consent for video recording at any time by notifying us in Zoom directly. However, please note that revoking consent may impact our ability to provide you with the full range of services offered.

By proceeding with the onboarding process, you acknowledge that you have read, understood, and agree to the terms outlined in this Video Recording and Usage Consent clause.

How do we share your personal information?

We may share your personal information with third party service providers or agents (called 'processors') to perform certain processing activities on our behalf (e.g., ussage of website through Google Analytics), such as parties involved in executing a purchase agreement (such as payment service providers and parcel delivery services). We will not sell, rent, lease, or provide your personal information to third parties allowing them to use your personal information for their own purposes. We use third party service providers for website hosting only and for consumer database management (newsletters with GoHighLevel).

When we pass on, transfer or share your personal information in this way, we take steps to ensure it is treated in the same way that we would treat it, and that an adequate level of protection is in place in accordance with relevant privacy and data protection laws.

We may sell (whole or part of) our business to another company. Where such business relates to our Services, such transfer of ownership may include the transfer of your personal information to the new owner.

Furthermore, we will release your personal information if so required by law, where necessary for preventing or combating fraud, where necessary for dispute resolution, or for any other pressing legitimate need which under the circumstances must outweigh your privacy interests, which may include the security of our business and the safety of our staff.

User Feedback

We may post user feedback on the Services from time to time. If you make any comments on a blog, social media or forum associated with the App, the Service, you should be aware that any information you submit there can be read, collected, or used by other users of these forums, and could be used to send you unsolicited messages. We are not responsible for the information you choose to submit in these blogs and forums.

Creation of Aggregated Data

We collect, use and share aggregated data to improve our services including predictability and outcome (Aggregated Data). We mainly use Aggregated Data in the aggregate form and our analytical services to avoid sharing personal information. The Aggregated Data does not reveal who you are or identify you in any way and does not constitute personal information for the purposes of the Privacy Act 1993 as this data does not identify you personally. If we ever combine Aggregated Data with your personal information so that it can directly or indirectly identify you, we treat the combined data as personal information which will only be used in accordance with our Privacy Policy.

Cookies

This Website uses Necessary cookies (required for the site to function) and optional Analytics cookies. You can Accept, Reject, or Manage preferences via the Cookie preferences banner, and change your choice later using the Cookie preferences link in the footer.

You can also instruct your browser to stop accepting cookies or to prompt you before accepting a cookie. If you do not accept Analytics cookies, Google Analytics will not load on this Website. If you have questions about cookies, contact us at the address below.

Google Analytics

When you allow Analytics cookies, we use Google Analytics 4 (GA4), a web analytics service provided by Google, to understand how visitors use this Website (for example, which pages are viewed and which buttons are clicked). GA4 uses cookies and similar technologies. We configure the property for analytics use and do not use it to sell your personal information. You can withdraw Analytics cookies at any time via Cookie preferences.

Learn more about how Google uses data when you visit partner sites: google.com/policies/privacy/partners. Google Analytics privacy information: google.com/analytics/learn/privacy.html.

Lucky Orange

Our historical Privacy Policy described Lucky Orange (session replay / usability analytics). The current Migraine Heroes marketing Website does not load Lucky Orange. If we add it later, we will update this policy and Cookie preferences accordingly.

Commercial communications

We would like to send you information about our Services that may interest you, based on your order history and onsite behavior, by means of, e.g., e-mail or other communication channels, but we will only do so if you specifically consent to receive such communications from us. We shall also contact you on messaging apps such as WhatsApp and follow up call on platforms such as Zoom.

You will always have the opportunity to unsubscribe from any further communication from us with respect to our Services by clicking the unsubscribe option on the footer of the emails sent by us or, if this service is available, by accessing your profile online and changing your communication preferences.

How do we protect your information?

We protect your personal information with a variety of security measures. This may include, but are not limited to, using secure registration forms, encryption of data, and restricting access to your personal information.

What are the retention periods?

Personal information collected will be retained no longer than necessary in order to fulfil the purposes as outlined in this Privacy Policy, unless a longer retention period is required and justifiable or permitted by law.

Children

Our Services can be offered to children with the sole condition that they be accompanied by a parent and that they do the onboarding call, follow-up call and in app communication with their parent.

Your rights

Each commercial communication you receive offers the option to unsubscribe from receiving further commercial communications (i.e., object to this use of your personal information). We will try to comply with your unsubscribe request as soon as reasonably practicable and in accordance with the requirements under law. Please note that if you unsubscribe from commercial communications, we may still send you important administrative messages, from which you cannot unsubscribe.

Requests for access to and correction of your personal information

You may request details of the personal information we hold about you, by contacting us on the details provided below.

No fee will be charged for making the request. However, we may charge a fee for the provision of this information to cover administrative costs. We will inform you of any fee at the time a request is made.

In general, we will allow access to the personal information we hold about you, however, we may deny access to you to the extent that:

Providing access would pose a serious threat (or in the case of personal information other than health information, a serious and imminent threat) to the life or health of any individual;
Providing access would have an unreasonable impact upon the privacy of other individuals;
Your request for access is frivolous or vexatious; or
It is otherwise appropriate for us to deny access in accordance with applicable privacy laws.

Should we deny you access to any personal information following an access request we will provide you with a reason for the denial.

If you are aware that any of your personal information is inaccurate, incomplete or out of date following an access request, or because your circumstances have changed, please inform us so that we can update our records.

In your request, please make clear what personal information you would like to have changed, whether you would like to have your personal information suppressed from our database. For your protection, we may only implement requests with respect to the personal information associated with the particular email address that you use to send us your request, and we may need to verify your identity before implementing your request. We will try to comply with your request as soon as reasonably practicable.

We will correct any incorrect personal information and will not refuse to make a correction without providing you with a reason for the refusal. However, if we do refuse to make a correction, we will take reasonable steps to place with the disputed information a statement from you claiming that the disputed information in your opinion is not accurate, complete or up-to-date.

Please note that we may need to retain certain information for record keeping purposes and/or to complete any transactions that you began prior to requesting a change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the personal information provided until after the completion of such purchase or promotion).

Role of data protection authorities

If you have any complaints about the way we process your personal information, we are glad to help you out. Nevertheless, you have the right to lodge a complaint with the Office of the Privacy Commissioner, which can be reached here: www.privacy.org.nz.

Contact and company details

Please send us your questions and comments about privacy to privacy@migraineheroes.com.

Subscribing to our mailing lists

We use a variety of external platforms to communicate with you. You have the option to subscribe to our mailing list and receive our newletters, updates and more. You would have to provide your consent to be notified of such. The third party email platform we use for to share insights is GoHighLevel.

When you subscribe to our mailing lists we ask you for your email. Your data (name and email address) is held within GoHighLevel, which has its own security and privacy policy.

GoHighLevel uses email tracking. Email tracking tells us when you opened an email and what links you clicked on. We use this information to improve our communications, and include general information such as open and click-through rates to inform communications planning and reporting.

You are free to unsubscribe to these newsletters and insights at any time by emailing privacy@migraineheroes.com.

Use of Anonymized Data for Research

In accordance with applicable data protection laws, including the General Data Protection Regulation (GDPR) and, where applicable, the Health Insurance Portability and Accountability Act (HIPAA), we may process your personal data in a de-identified or anonymized form for the purposes of research, statistical analysis, and product development. Once data is anonymized such that you can no longer be identified directly or indirectly, it is no longer considered personal data and may be used indefinitely for lawful research and analytics purposes. Anonymized data may contribute to scientific studies, wellness trend reports, and improvements in our services, and may be shared with trusted academic or research partners under strict data protection standards.

Last Updated: August 4th 2025