Last Modified As Of February 3, 2014
WHAT INFORMATION ABOUT YOU IS COLLECTED ON OUR WEBSITE OR THROUGH OUR ONLINE PRODUCTS?
We collect two types of information: personally identifiable information and non-personally identifiable information.
Personally Identifiable Information.
You do not have to provide us with any Personally Identifiable Information to visit our Website. However, if you choose to withhold requested information, you may not be able to visit all sections of our Website or use all of our Online Products, such as subscribing to our online weight-loss tools or posting content to any Community Area on our Website. A "Community Area" means any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity. In addition, we may not be able to provide you with some of the other Online Products dependent upon the collection of such information.
Non-Personally Identifiable Information.
When you become a registered user of our Website, subscribe to one of our current Online Products, or in connection with other Online Products we may make available on our Website from time to time, we also may collect information that by itself cannot be used to identify or contact you, such as demographic information (like age, profession or gender) and health information (like current weight) ("Non-Personally Identifiable Information"). Non-Personally Identifiable Information may also include user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website. Non-Personally Identifiable Information is used to help us understand who uses our Website and to improve and market our Website in general and our Online Products in particular.
Information from Other Sources.
We may also supplement the information we collect with information from other sources to assist us in evaluating and improving our Website and Online Products, to determine your preferences so that we can tailor our Website and Online Products to your needs, and/or to study nutritional, weight-loss, behavioral and fitness questions in general.
We may collect information (including information that is Personally Identifiable Information) from you in different manners and at different places and times on our Website, such as when you register for our Website or subscribe to one of our Online Products. We also may collect information from you in connection with, or through, other Online Products we may make available on our Website from time to time. The following is a description of the areas and/or manners in which we primarily collect information about you.
Becoming a Registered User and Subscription.
In order to access certain Online Products on our Website, such as our Community Areas, weight-loss tools and food database, you must first complete certain steps to become either a registered user or a subscriber. During these steps, you may be required to provide us with information (including Personally Identifiable Information) such as name, zip code and email address, and, if you subscribe to one of our Online Products, payment and billing information. This information is used to help us understand who uses our Website, to improve our Website and our Online Products, to contact users about requested Online Products and/or for subscription billing purposes. It is optional for you to provide demographic information (such as profession and number of children), but providing this information is encouraged so we can provide a more personalized experience on our Website.
If you communicate with us through the “Contact Us” link on the Website, we may ask you for Personally Identifiable Information, such as your name, email address and telephone number, so we can respond to your questions and comments. You may also choose to provide additional information as well.
Cookies and Action Tags.
We also collect Non-Personally Identifiable Information passively using "cookies" and "action tags."
"Cookies" are small text files that are placed on your computer or mobile device in order to identify (i) your Web browser, (ii) the activities of your computer on our Website and (iii) your activity in connection with our advertisements and other marketing and promotional efforts. Cookies may be used to:
- personalize your experience on our Website (e.g., to dynamically generate content on webpages specifically designed for you),
- assist you in using our Online Products (e.g., to save you time by not having to reenter your name upon each visit to our Website), and
- allow us to statistically monitor how you are using our Website for purposes of improving our online offerings.
In addition to cookies that we place on your computer, cookies may also be placed on your computer by third parties that we use to display or serve advertisements or to collect Non-Personally Identifiable Information in order to provide advertising-related services. For example, in the course of serving advertisements, our third-party ad servers may place or recognize a unique "cookie" on your browser. You may also "opt-out" of certain tracking on our Website and other websites by various advertising companies through the Network Advertising Initiative at http://www.networkadvertising.org or the Digital Advertising Alliance consumer choice page at www.aboutads.info/choices.
You do not have to accept cookies to use our Website, however, you may not be able to use certain products, offerings, features, or resources of our Website (including our Online Products) if you do not accept cookies. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the "Help" section of the toolbar.
"Action tags," also known as web beacons or GIF tags, are a web technology used to help track anonymous website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of our Website, including advertisements, or e-mail sent on our behalf, may contain action tags. Unlike cookies, action tags are not placed on your computer.
Similarly, we use Google Analytics to help us track and analyze usage of our Website, using cookies and action tags.
Social Media Plug-ins.
Social media plug-ins of social networks such as Facebook, Twitter and Google plus (among others) are integrated on our Website. Where our sites contain a plug-in to a social network, these are clearly marked (e.g. with a Facebook button). If you chose to click on one of these buttons or links, your browser connects directly to the servers of the relevant social network. The social network directly transmits the content of the plugin to your browser. If you are registered on the relevant social network and logged into your respective account the social network receives the information that the web page was used by you. If you interact with a social network plug-in (e.g. you press the Facebook “Like” –feature, the Twitter “Tweet this” feature and Google plus “1+” button or equivalent) or drop a comment on the appropriate web page, the corresponding information is directly transmitted to the relevant social network from your browser. If you are not registered with the social network or you are logged out before you visit our Website, there is the possibility that at least your IP address will be submitted to and stored by the social network. If you interact with us through a social media platform, plug-in etc. then you may be permitting us to have on-going access to some limited Personally Identifiable Information from your social network profile (such as name, email address, photo, gender, location, the people/sites you follow etc.).
Through third party referral program operators and others, we offer referral programs whereby referral websites can earn commissions through the referral of subscribers or other purchasers to our Website. To track the earning of such commissions, and to determine the effectiveness of the referral programs, the users who become subscribers to our Online Products or purchasers through such referral websites are tracked using technologies that do not include Personally Identifiable Information (such as cookies and/or action tags). Our program operators and the referral websites themselves can only access non-Personally Identifiable Information such as data relating to the number of impressions served, the number of transactions completed, and their resulting earnings. They cannot access our customers' personal data.
If you choose to apply to be a referral website, we use the data you provide strictly for conducting business with you. We have entered into certain agreements with third party program operators for the purpose of administering our referral programs. Should you become a referral website of ours through one of our third party program operators, any information you provide to them is subject to their privacy policies.
We collect information, some of which may be Personally Identifiable Information, that you voluntarily provide to us when you choose to use some of our Online Products (available either for free or on a subscription basis). We also collect information that you provide voluntarily through responses to special Online Products such as surveys, questionnaires, self-assessment quizzes, contests and the like. Some of these Online Products may ask you for health related information. We collect this information in order to personalize your online experience.
Information is also collected when you use our Handheld Products, including the software application needed to utilize the Handheld Products on your handheld device (the “Application”). During the installation of the Application and subsequent synchronizations, we collect Non-Personally Identifiable Information concerning your device (such as the specific type of operating system and hardware you have, and the amount of free and total memory) and the Application’s files on your device.
Our Handheld Products also collect information about your usage of the Application (such as the dates you last synced with the Internet or the dates you last used certain features). When you sync your device with the Website, we store some of this information.
Public Forums and the Public Profile Feature.
We also collect Non-Personally Identifiable Information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website. This information may be used to analyze trends, to administer the Website, to monitor our Website's use, and to gather general demographic information. We may link this information to Personally Identifiable Information for these and other purposes such as personalizing your experience on our Website and evaluating our Online Products in general.
Email or Refer a Friend.
Through our referral tools for informing a friend about our Website, or one of our Online Products, we will automatically send your friend a one-time email containing the information you request to be sent. If you elect to use these referral tools, we will collect from you certain Personally Identifiable Information about your friend which you have provided, such as your friend's name and email address. We do not store your friend’s information or use it for any other purpose.
DO WE COLLECT INFORMATION FROM CHILDREN UNDER 18 YEARS OF AGE?
We are committed to protecting the privacy of children. Our Website and Online Products are not designed for or directed to children under the age of 18. At various places on the Website and when providing other Online Products, we may ask users for their age. By using the Website and Online Products you agree to respond truthfully and accurately about your age. We do not collect Personally Identifiable Information from any person we actually know is under the age of 18.
We urge all parents or guardians to participate in their children's exploration of the Internet, and to teach their children about protecting their personal information while online.
WHAT DO WE DO WITH THE INFORMATION WE COLLECT?
In general, we use the information collected on our Website and through our Online Products to help us understand who uses our Website and Online Products and how they are used, to personalize your experience, to assist you in using our Online Products, to improve our Website and Online Products, and for subscription billing purposes, if applicable. With respect to our Handheld Products, for example, we may use such information, among other things, to ensure that your handheld device is supported and that it has enough room for the Application, and to confirm which versions of the Application’s files are installed on your device.
If you become a registered user of our Website or subscribe to one of our Online Products, we may use your information to send you a welcoming email that may confirm your username. If you "opt-in" (for example, if you check a box, or if the box is pre-checked, you do not opt out by unchecking the box) we may send you electronic newsletters, contact you about products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with an option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including Personally Identifiable Information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to contact you about important service announcements and updates regarding our Website or Online Products or, if you are a subscriber, about your billing account status. You will not be able to opt-out of these service announcements and updates as they contain important information relevant to your use of our Website and/or our Online Products and are not promotional in nature. (If you do not wish to receive these service announcements, you may cancel your account with us and delete the Personally Identifiable Information maintained about you on our systems by contacting our Privacy Coordinator at the address set out below.)
In addition, if you become a registered user of our Website or subscribe to one of our Online Products after March 1, 2012, we may use your information to contact you by postal mail about our products, services, information and news that may be of interest to you, unless you notify us that you no longer desire to receive these communications.
We may also use the information gathered on our Website and through our Online Products to perform statistical analysis of user behavior, to analyze and evaluate issues relating to nutrition, weight-loss, behavior and fitness, or to evaluate and improve our Online Products. We may link some of this information to Personally Identifiable Information for internal purposes only or to assist you in your personal weight-loss efforts.
Finally, we may also use Personally Identifiable Information gathered on our Website and through our Online Products to provide technical support, to enable us to prevent fraud or potentially illegal activities (including copyright infringement), or to enforce our terms of service.
WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES?
Laws and Legal Rights.
We may also disclose your information (including Personally Identifiable Information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose Personally Identifiable Information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms & Conditions or our Subscription Agreement or to protect the safety and/or security of our users, our Website or the general public.
Third Parties Generally.
We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our Website. For example, we might inform third parties regarding the number of unique users who visit our Website, the demographic breakdown of the registered users of our Website, or the activities that visitors to our Website engage in while on our Website. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.
Third Party Sellers.
Sale of Business.
IS THE INFORMATION WE COLLECT SECURE?
Notwithstanding the above commitments to protect your information (including Personally Identifiable Information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk. If you believe that your interaction with us is no longer secure, please notify us using the contact details below.
WHAT CHOICES DO YOU HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?
If for any reason you are concerned with the way we are using your personal information, or desire to change your preference with regard to your personal information, please contact Digital Wellness, LLC, Attn: Privacy Coordinator, 11611 San Vicente Blvd, Suite 800, Los Angeles, CA 90049. You can also contact us by e-mailing us at[email protected]. You may change your preference and "opt-out" of receiving other communications by changing that option in the Account Settings feature of our Website, following the directions provided in association with the communication, or by contacting our Privacy Coordinator at the address set out below.
Users of our Website are notified when Personally Identifiable Information is being collected by third parties on our Website.
We do this so you can make an informed choice as to whether you should disclose information to a third party.
CAN YOU UPDATE OR CORRECT YOUR PERSONALLY IDENTIFIABLE INFORMATION?
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our systems. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personally Identifiable Information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all Personally Identifiable Information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, as soon as reasonably practicable.
NOTICE TO CALIFORNIA RESIDENTS:
Residents of the State of California may request a list of all third parties to which this Website has disclosed certain information during the preceding year for those third parties’ direct marketing purposes. If you are a California resident and want such a list, please contact us at 11611 San Vicente Blvd, Suite 800, Los Angeles, CA 90049. For all requests, you must put the statement “Your California Privacy Rights” in the body of your request, as well as your name, street address, city, state and zip code. Please note that we will not accept requests via the telephone, email or by facsimile, and we are not responsible for notices that are not labeled or sent properly, or that do not have complete information.
WHOM DO YOU CONTACT IF YOU HAVE ANY PRIVACY QUESTIONS?
Email our Privacy Coordinator at:
Or, write to our Privacy Coordinator at:
Digital Wellness, LLC
11611 San Vicente Blvd, Suite 800, Los Angeles, CA 90049
Last modified as of February 3, 2014