Biggest Loser Club Privacy & Cookie Notice

UPDATED AS OF: March 25, 2014

Digital Wellness LLC and its affiliates (“we”, “us”, or “our”) are committed to maintaining your confidence and trust as it relates to the privacy of your information.  Please read below and learn how we collect, protect, share and use your information as part of BiggestLoserClub.com websites and our technology platforms, including, without limitation, the interactive features, applications, tools and resources (“Online Products”) (collectively “Platforms”).

QUICK GUIDE TO CONTENTS

1. INFORMATION COLLECTED ON OUR PLATFORMS.

2. HOW WE USE THE INFORMATION COLLECTED

3. SHARING OF INFORMATION

4. INFORMATION WE RECEIVE FROM THIRD PARTIES

5. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS.

6. ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT.

7. CHILDREN.

8. SECURITY OF YOUR INFORMATION.

9. OTHER SITES.

10. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION.

11. CHANGES.

12. CONTACT US.

1. INFORMATION COLLECTED ON OUR PLATFORMS.

Information You Provide To Us

We or our service providers may collect Personal Information (information that can be used to identify you as an individual) such as your name, email, telephone number, home address, birth date (primarily for eligibility purposes), demographic information (such as zip code, age, profession, number of children), weight information, health information (such as current health conditions) or payment information (such as account or credit card number).  The types of Personal Information collected may vary depending on your use of the features of the Platforms. You do not have to provide us with any Personal 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, food database or posting content to any blog, personal page, group page, chat room, message board, bulletin board, recipe swap, or similar activity (“Community Area”) on our website.

Information Collected Automatically

Usage Information.  Whenever you visit or interact with the Platforms, we, as well as any third-party advertisers and/or service providers, may use a variety of technologies that automatically or passively collect  information about how the Platforms are accessed and used (“Usage Information”). Usage Information may include browser type, device type, operating system, application version, the page served, the time, the preceding page views, and your use of features or applications on the Platforms, interaction with friends and group activities. This information helps us keep our Platforms fresh and interesting to our visitors and allows us to tailor content to a visitor’s interests, and to study nutritional, weight-loss, behavioral and fitness issues in general.

Device Identifier. We or our service providers automatically collect your IP address or other unique identifier (“Device Identifier”) for the Device (computer, mobile phone, tablet or other device) you use to access the Platforms. A Device Identifier is a number that is assigned to your Device when you access a website or its servers, and our computers identify your Device by its Device Identifier.  We may use a Device Identifier to, among other things, administer the Platforms, help diagnose problems with our servers, analyze trends, track users’ web page movements, help identify, and gather broad demographic information for aggregate use.

Cookies; Pixel Tags.The technologies used on the Platforms to collect Usage Information, including Device Identifiers, may include but are not limited to: cookies (data files placed on a Device when it is used to visit the Platforms), mobile analytics software and pixel tags (transparent graphic image, sometimes called a web beacon or tracking beacon, placed on a web page or in an email, which indicates that a page or email has been viewed).  Cookies may also be used to associate you with social networking sites like Facebook and Twitter and, if you so choose, enable interaction between your activities on the Platforms and your activities on such social networking sites.  We, or our vendors, may place cookies or similar files on your Device for security purposes, to facilitate site navigation and to personalize your experience while visiting our Platforms (such as allowing us to select which ads or offers are most likely to appeal to you, based on your interests, preferences, location, or demographic information).  A pixel tag may tell your browser to get content from another server.

Similarly, we use Google Analytics to help us track and analyze usage of our Platforms, using cookies, pixels and other tracking technologies.

To learn how you may be able to reduce the number of cookies you receive from us, or delete cookies that have already been installed in your browser’s cookie folder, please refer to your browser’s help menu or other instructions related to your browser.  If you do disable or opt out of receiving cookies, please be aware that some features and services on our Platforms may not work properly because we may not be able to recognize and associate you with your account(s). In addition, the offers we provide when you visit us may not be as relevant to you or tailored to your interests.

You can also learn more about cookies by visiting www.allaboutcookies.org which includes additional useful information on cookies and how to block cookies using different types of browser.

For more information on advertising using cookies and how to opt out of advertising cookies specifically, please see Advertising; How To Opt-Out below

2. HOW WE USE THE INFORMATION COLLECTED

We use the information we collect about and from you for a variety of business purposes such as to respond to your questions and requests; provide you with access to certain areas and features of the Platforms such as your favorite products; verify your identity; communicate with you about your account and activities on the Platforms and, in our discretion, changes to any of our policies; market research, Platform analytics and operations; tailor content, advertisements, and offers we serve you; improve the Platforms; comply with license obligations; prevent fraud or potentially illegal activities (including copyright infringement), or to enforce our terms of service; and for purposes disclosed at the time you provide your Personal Information or otherwise with your consent. We may also collect your location based information for the purpose of providing you with certain services.

If you consent (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 Personal 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 Platforms 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 Personal 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 Platforms 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 Platforms. We may link some of this information to Personal Information for internal purposes only or to assist you in your personal weight-loss efforts.

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 Personal 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.

3. SHARING OF INFORMATION

Except as described here, we will not provide any of your Personal Information to any third parties without your consent. We may share non-Personal Information, such as aggregate data and Usage Information with third parties. We may also share your information as disclosed at the time you provide your information, as set forth in this Privacy Notice and in the following circumstances:

Third Parties.  We may provide to third parties information about you, 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.

Contractors.  We may share your Personal Information with third parties that perform functions on our behalf (or on behalf of our partners) such as service providers that host or operate our Platforms, analyze data, process transactions and payments, fulfill orders or provide customer service; advertisers; sponsors or other third parties that participate in or administer our promotions, contests, sweepstakes, surveys or provide marketing or promotional assistance and “powered by” partners or partners in co-branded sites.  

Your Agreement To Have Your Personal Information Shared.  While on our Platforms, you may have the opportunity to opt-in to receive information and/or marketing offers from someone else or to otherwise consent to the sharing of your information with a third party, including social networking sites such as Facebook or Twitter. If you agree to have your Personal Information shared, your Personal Information will be disclosed to the third party and the Personal Information you disclose will be subject to the privacy policy and business practices of that third party.

Business Transfers.  We may share your Personal Information with other entities and our affiliates primarily for business and operational purposes.  In the event that we are involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction.

Digital Wellness, LLC licenses this website from NBCUniversal Media, LLC (“NBCUniversal”) to provide you with the services and information provided by this website. By providing information to or using this website, you agree that we may share your information with NBCUniversal.  NBCUniversal’s use of your information is governed by NBCUniversal’s Privacy Notice, which can be found here:  http://www.biggestloser.com/privacy-policy.

Legal Disclosure.  We may transfer and disclose your information to third parties to comply with a legal obligation; when we believe in good faith that the law or a governmental authority requires it; to verify or enforce our Terms of Use or other applicable policies; to address fraud, security or technical issues; to respond to an emergency; or otherwise to protect our rights or property or security of third parties, visitors to our Platforms or the public.

Third Party Sellers. Through our website, you may be given the opportunity to purchase (or to obtain more information regarding) certain content, products or services which are sold through a person or company other than us or our affiliates (collectively, "Third Party Sellers"). For example, if you see a phrase such as "powered by" or "brought to you by" followed by the name of a person or company other than Digital Wellness LLC, then you are likely on, or about to enter, a website hosted or operated by a person or company other than us. Third Party Sellers may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them. You do not need to submit this information or purchase any products or services from Third Party Sellers to access our website. By submitting the requested information, you affirmatively consent to have that information shared with the Third Party Seller. This information is used by the Third Party Seller and may be subject to a different privacy policy. We do not otherwise share or disclose your Personal Information to Third Party Sellers.

4. INFORMATION WE RECEIVE FROM THIRD PARTIES

We may receive information about you from third parties. For example, if you are on another website and you opt-in to receive information from us, that website will submit to us your email address and other information about you so that we may contact you as requested. You may also choose to participate in a third party application or feature (such as one of our Facebook or Twitter applications or a similar application or feature on a third party website) through which you allow us to collect (or the third party to share) information about you, including Usage Information and Personal Information such as your social network profile, which may include, for example, lists of your friends, “likes”, photo, comments you have shared, groups and location. In addition, we may receive information about you if other users of a third party website give us access to their profiles and you are one of their “connections” or information about you is otherwise accessible through your “connections’” web page, profile page, or similar page on a social networking or other third party website or interactive service. We may also receive information about you from third party data providers. We may supplement the information we collect about you through the Platforms with such information from third parties in order to enhance our ability to serve you, to tailor our content to you and/or to offer you opportunities to purchase products or services that we believe may be of interest to you.

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 cookies and pixel technologies that do not collect Personal Information. Our program operators and the referral websites themselves can only access Usage Information such as data relating to the number of impressions served, the number of transactions completed, and their resulting earnings. 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.

5. YOUR PRIVACY RIGHTS, CHOICE AND ACCESS.

You may always direct us not to share your Personal Information with third parties, not to use your Personal Information to provide you with information or offers, or not to send you newsletters, emails or other communications by: (i) modifying your registered user information on the Platforms; (ii) sending us an email at [email protected]; (iii) contacting us by mail at Digital Wellness, LLC, Attn: Privacy Coordinator, 11611 San Vicente Blvd, Suite 800, Los Angeles, CA 90049; or (iv) following the removal instructions in the communication that you receive. Your opt-out request will be processed within 30 days of the date on which we receive it. You may also change your preference and "opt-out" of receiving other communications by changing that option in the Account Settings feature of our Website.

If you wish to modify, verify, correct, or delete any of your Personal Information collected through the Platforms, you may edit your registered user information or contact us at the above address or email. In accordance with our routine record keeping, we may delete certain records that contain Personal Information you have submitted through the Platforms. We are under no obligation to store such Personal Information indefinitely and disclaim any liability arising out of, or related to, the destruction of such Personal Information. It may not always possible to completely remove or delete all of your information from our databases without some residual data because of backups and other reasons. We will retain your information (including geo-location data) for as long as your account is active or as needed to provide you services. If you wish to cancel your account or request that we no longer use your information to provide you services contact us a using the details above. We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements. We do not control certain privacy settings and preferences maintained by our social media partners like Facebook and Twitter. If you wish to make changes to those settings and preferences, you may do so by visiting the settings page of the appropriate social media site.

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.

We feature public forums such as those contained in the Community Areas where you and other users of our website can communicate with one another. In addition, we offer both the "Public Profile" and “Account Settings” features of our website to permit you to share information about yourself (including, if you elect, Personal Information) with others. THIS PRIVACY POLICY DOES NOT PROTECT YOU WHEN YOU USE OUR PUBLIC FORUMS OR PROVIDE INFORMATION (INCLUDING PERSONAL INFORMATION) ABOUT YOURSELF THROUGH THE PUBLIC PROFILE FEATURE OR THROUGH ANY COMMUNITY AREA AVAILABLE ON OUR WEBSITE. You should be aware that any information shared in a public forum such as a message board, blog, personal page, posting, group, bulletin board or recipe swap or through our Public Profile feature is public information and may be seen or collected by third parties that do not adhere to our Privacy Notice, although the availability of personal pages or groups identified as “private” may be limited to certain permitted users. However, even information marked “private” may be viewed by our staff. You should think carefully before disclosing any information in any public forum, or through the Public Profile feature, on our website. For example, you should not select a username that includes personal information.

6. ADVERTISING/BEHAVIORAL TARGETING; HOW TO OPT-OUT.

We may use third party ad network providers to help present ads on the Platforms, as well as other service providers to evaluate and provide us with information about the use of the Platforms and viewing of our content.  Such providers may place and access cookies, pixel tags, or similar technologies on your Device to serve you ads or other content personalized to your interests which they infer from your browsing on the Platforms and other sites you have visited.  In doing so, the provider collects or has access to non-Personal Information such as your Usage Information.  The use of cookies, pixel tags, or similar technologies by these providers is subject to their own privacy policies, not ours.

If you do not want to receive the benefits of targeted advertising, you may opt out of some network advertising programs that use your information by visiting the the NAI Opt-Out Page at http://www.networkadvertising.org/managing/opt_out.asp or the Digital Advertising Alliance consumer choice page at www.aboutads.info/choices.  Please note that even if you choose to remove your information (opt out), you will still see advertisements while you’re browsing online. However the advertisements you see may be less relevant to you and your interests. Additionally, many network advertising programs allow you to view and manage the interest categories they have compiled from your online browsing activities. These interest categories help determine the types of targeted advertisements you may receive. The NAI Opt-Out Page and the DAA consumer choice page provide mechanisms to opt out of receiving cookies from those companies. Please note that if you opt-out of targeted advertising, we may still track your visits to the Platforms for our own analytics, operations and security purposes.

7. CHILDREN.

The Platforms are not directed to children under 18. We do not knowingly collect, use or disclose personally identifiable information from anyone under 18 years of age. If we determine upon collection that a user is under this age, we will not use or maintain his/her Personal Information without the parent/guardian’s consent. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 18, we will make reasonable efforts to delete such information from our records.

8. SECURITY OF YOUR INFORMATION.

We take information security seriously and use certain reasonable security measures to help protect your Personal Information. However, no electronic data transmission or storage of information can be guaranteed to be 100% secure. Please note that we cannot ensure or warrant the security of any information you transmit to us, and you use the Platforms and provide us with your information at your own risk.

9. OTHER SITES.

The Platforms may contain links to other sites that we do not own or operate. This includes links from advertisers, sponsors and/or partners that may use our logo(s) as part of a co-branding or co-marketing agreement. We do not control, recommend or endorse and are not responsible for these sites or their content, products, services or privacy policies or practices. These other sites may send their own cookies to your Device, they may independently collect data or solicit Personal Information and may or may not have their own published privacy policies. You should also independently assess the authenticity of any site which appears or claims that it is one of our Platforms (including those linked to through an email or social networking page).

10. CONSENT TO PROCESSING AND TRANSFER OF INFORMATION.

[The Platforms are governed by and operated in, and in accordance with the laws of the United States. We make no representation that the Platforms are governed by or operated in accordance with the laws of any other nation. If you are located in the European Union, Canada or elsewhere outside of the United States, please be aware that information we collect may be transferred to and processed in the United States. By using the Platforms, or providing us with any information, you (a) acknowledge that the Platforms are subject to the laws of the United States, (b) consent to the collection, processing, maintenance and transfer of such information in and to the United States and other applicable territories in which the privacy laws may not be as comprehensive as or equivalent to those in the country where you reside and/or are a citizen, and (c) waive any claims that may arise under those laws.]

11. CHANGES.

We may update this Privacy Notice to reflect changes to our information practices. If we make any material changes we will notify you by email (sent to the e-mail address specified in your account) or by means of a notice on our Platforms prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

12. CONTACT US.

If you have any questions or concerns about this Privacy Notice, the practices of the Platforms, or your experiences with the Platforms, please contact us at: [email protected] or write to our Privacy Coordinator at: Digital Wellness, LLC, 11611 San Vicente Blvd, Suite 800, Los Angeles, CA 90049.

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