Effective: 1 January 2020
Last Modified: 1 January 2020
Section 1.01 Introduction
- On this Website;
- In email, text, and other electronic messages between you and the Website;
- In email, text, and other electronic messages between you and other users or members;
- When you interact with any advertising and any applications on third-party websites and services, if those applications or advertising include links to this policy; and
- When you create or modify your member profile, which may allow you to interact further with the Website and its guests and members.
(b) It does not apply to information collected by:
- Us offline or through any other means, including on any other website operated by Company or any third-party (including our affiliates and subsidiaries); or
- Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or on the Website.
(b) The Website is hosted in the United States. In order to communicate with you about the Website, the information that we collect from you may be transferred to, stored, used and processed by the Company in the United States or one of our service providers based in the United States or outside of the United States.Such entities may be engaged in, among other things, (1) preparing and sending newsletters to which you subscribe, and (2) the provision of support services.
(d) YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THIS WEBSITE.
(e) TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR INFORMATION (INCLUDING PERSONAL INFORMATION) IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THE FOREGOING WAIVER WILL NOT APPLY TO YOU.
Section 1.04 Children under the Age of 16
(a) Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect Personal Information from children under 16 years of age. If you are under 16 years of age, you shall refrain from any of the following activities:
- Use or provide any information on this Website or through any of its features;
- Register on the Website as a member (including creating a member profile);
- Use any of the interactive or public comment or messaging features of this Website (including any forums or health support groups); or
- Provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use.
(b) If we learn we have collected or received Personal Information from a child under 16 years of age without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16 years of age, please contact us at [email protected]
Article II. INFORMATION
Section 2.01 Information We Collect About You and How We Collect It
(a) We may collect several types of information from and about users (including members) of our Website, including information:
- By which you may be personally identified, such as name, username, any medical condition, any medical symptom, any medical treatment, postal address (city and state), e-mail address, telephone number, age, gender, date of birth (to verify your age and eligibility to access the Website) or any other identifier by which you may be contacted online or offline (collectively, “Personal Information“);
- That is about you but individually does not identify you, which could include medical conditions, medical symptoms, and medical treatments; and
- About your internet connection, the equipment you use to access our Website, and usage details.
(b) We may collect certain information from and by any or all of the following sources and means:
- Directly from you when you provide it to us;
- Automatically as you navigate through the site (which may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies); and
- From third parties.
Section 2.02 Information You Provide to Us
(a) The information we collect on or through our Website may include the below types of information.
- Any information (including Personal Information) that you provide by using and interacting with the Website, for example, filling in forms on our Website. This includes information and Personal Information provided at the time of registering to use our Website and creating or changing a member profile, subscribing to our service, posting material, sending or receiving messages, using forums, the wall, health support groups, articles, or requesting further services. We may also ask you for information if you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
- Records and copies of your correspondence (including email addresses) if you contact us.
- Your responses to surveys that we might ask you to complete for research purposes.
- Your search queries on the Website.
- Your Personal Information.
(b) The Website may contain articles, health support groups, message boards, chat rooms, personal web pages or member profiles, forums, bulletin boards, albums, and other interactive features (collectively, the “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users (including other members) or other persons (as used in this Section 2.02, “post“) articles, content, information, or materials on or through the Website, or to be published or displayed (hereinafter, “posted“) on certain areas of the Website (including public areas) or transmitted to other users of the Website or third parties (collectively with “post”, the “User Contributions“).
(d) YOUR USER CONTRIBUTIONS ARE POSTED ON AND TRANSMITTED TO OTHERS AT YOUR OWN RISK. Although we may limit access to certain pages, parts, services, and functionality of the Website to members, please be aware that no security measures are perfect or impenetrable. BECAUSE WE CANNOT CONTROL THE ACTIONS OF OTHER USERS OF THE WEBSITE WITH WHOM YOU MAY CHOOSE TO SHARE YOUR USER CONTRIBUTIONS, WE CANNOT AND DO NOT GUARANTEE THAT YOUR USER CONTRIBUTIONS WILL NOT BE VIEWED BY UNAUTHORIZED PERSONS.
(e) All User Contributions you post to the Website, including any which contain Personal Information, will be deemed as non-confidential and non-proprietary information. We may make available additional services or functionality of the Website such as blogs, forums, message boards, comments, and chat to which you are able to post information and materials. You acknowledge that you have no expectation of privacy in such services, and that any information you disclose through such services or otherwise on the Website becomes public information available to us, visitors to the Website, other users, members, third parties, and to the general public. In addition, when you choose to make a posting on such services, certain Personal Information may become available for others to view.We recommend that you exercise discretion and caution when deciding to disclose Personal Information about you, or any other information, on the Website. YOU ACKNOWLEDGE FURTHER AND AGREE THAT WE ARE NOT RESPONSIBLE FOR THE USE BY ANY THIRD PARTY OF ANY PERSONAL INFORMATION YOU VOLUNTARILY DISCLOSE THROUGH ANY SUCH SERVICES OR OTHERWISE ON THE WEBSITE.
Section 2.03 Information We Collect Through Automatic Data Collection Technologies
(a) As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
- Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website;
- Automatically recorded times and dates of your visits to the Website; and
- Information about your computer and internet connection, including your IP address, operating system, and browser type.
(b) We do not knowingly collect Personal Information through automatic data collection technologies. Subject to the foregoing, the information we do collect automatically may include Personal Information, or we may maintain it or associate it with Personal Information we collect in other ways or receive from third parties. It helps us to improve our Website and to deliver a better and more personalized service, which will include giving us the ability to:
- Estimate our audience size and usage patterns;
- Store information about your preferences and member profile, allowing us to customize our Website according to your individual interests and such member profile;
- Speed up your searches and interaction with the Website; and
- Recognize you when you return to our Website.
(c) The technologies we use for this automatic data collection may include the following.
- Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Section 2.07.
- Web Beacons. Pages of our the Website and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
(d) Subject to Section 2.03(a), we do not knowingly collect Personal Information automatically, but we may tie this information to Personal Information about you that we collect from other sources or information you provide to us.
(b) We do not control these third-parties’ tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Section 2.07.
Section 2.05 How We Use Your Information
(a) We may use information that we collect about you, or that you provide to us (including any Personal Information), whether directly or through your use of the Website, for any or all of the following purposes.
- To present our Website and its contents to you.
- To provide you with information, products, or services that you request from us.
- To fulfill any other purpose for which you provide it.
- To provide you with notices about your registration, member profile, and activity on the Website as a member.
- To carry out our obligations and enforce our rights arising from any agreements entered into between you and us.
- To notify you about changes to our Website or any products or services we offer or provide though it.
- To allow you to participate in interactive features and Interactive Services on our Website.
- To provide you with articles related to your medical condition.
- To provide you access, or improve your access to, member support groups.
- In any other way which we may describe upon your providing the information.
- For any other purpose, subject to your consent.
(b) We may also use your information to contact you about our own and third parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please adjust your user preferences in your member profile. For information about managing your privacy and security settings for Flash cookies, see Section 2.07.
(c) We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your Personal Information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.
Section 2.06 Disclosure of Your Information
(a) We may disclose aggregated information about our users, members, medical conditions, and information that does not identify any individual, without restriction.
- To our subsidiaries and affiliates.
- To contractors, service providers, and other third parties we use to support our business and who may be bound by contractual obligations to keep Personal Information confidential and use it only for the purposes for which we disclose it to them.
- To a buyer, assignee, or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of the Company’s assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by the Company about our Website users is among the assets transferred.
- To third parties to market their products or services to you if you have consented to or not opted out of these disclosures; provided, however, that we may contractually require these third parties to keep Personal Information confidential and use it only for the purposes for which we disclose it to them. For information about managing your privacy and security settings for Flash cookies, see Section 2.07.
- To fulfill the purpose for which you provide it. For example, if you give us an email address to use any messaging features feature of our Website, we may transmit the contents of that email and your email address to the recipients.
- For any other purpose disclosed by us when you provide the information.
- For any purpose, subject to your consent.
(c) We may also disclose your Personal Information for any or all of the following purposes.
- To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
- If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of the Company and its affiliates and subsidiaries, our customers and members, users of the Website, or others. This may include exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
Section 2.07 Choices About How We Use and Disclose Your Information
(a) We will make commercially reasonable efforts to provide you with choices regarding the information (including Personal Information) you provide to us. We have created the following mechanisms to provide you with the control over your information, as described below.
- Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your Personal Information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by: (1) checking any relevant box located on the registration form, if such feature is made available to you by the Company; (2) logging into the Website and adjusting your user preferences in your member profile, if such feature is made available to you by the Company; or (3) or by sending us a detailed email with your request to [email protected]
- Promotional Offers from the Company. If you do not wish to have your email address or contact information used by the Company and its affiliates and subsidiaries to promote our or their respective products or services, or the products or services of third parties, you can opt-out by: (1) checking the relevant box located on the registration form, if such feature is made available to you by the Company; (2) logging into the Website and adjusting your user preferences in your member profile, if such feature is made available to you by the Company; or (3) or by sending us a detailed email with your request to [email protected] If we have sent you a promotional email, you may either (A) elect to unsubscribe by clicking the appropriate unsubscribe link in such promotional email, if such feature is made available to you by the Company, or (B) send us a return email asking to be omitted from future email distributions.
- Targeted Advertising. If you do not want the Company and its affiliates and subsidiaries to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by: (1) checking the relevant box located on the registration form, if such feature is made available to you by the Company; (2) logging into the Website and adjusting your user preferences in your member profile, if such feature is made available to you by the Company; (3) or by sending us a detailed email with your request to [email protected] For certain opt-out functions to be available to you, you must have your browser set to accept all browser cookies.
(b) We do not control third parties’ collection or use of your information to serve interest-based advertising; provided, however, these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website, available at https://www.networkadvertising.org/
(c) California residents may have additional Personal Information rights and choices. Please see Article III for more information
(d) We do not currently sell data triggering opt-out requirements under the Nevada Revised Statutes Chapter 603A. Nevada residents who wish to exercise their sale opt-out rights under this statute may submit a request to this designated address: [email protected]
Section 2.08 Accessing and Correcting Your Information as a Member
(a) If you are a member of the Website, you can review and change your Personal Information by logging into the Website and visiting your member profile page and navigating to “SETTINGS.”
(b) You may also send us an email at [email protected]––––––– to request access to, correct or delete any Personal Information that you have provided to us. We may, in order to delete your Personal Information, delete your entire member profile. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement, or cause the information to be incorrect.
(d) California residents may have additional Personal Information rights and choices. Please see Article III for more information.
Article III. Your California Privacy Rights
If you are a California resident, California law may provide you with additional rights regarding our use of your Personal Information. To learn more about your California privacy rights, consult this Article III.
Section 3.01 Applicability
(b) Where noted in this Policy, the CCPA temporarily exempts personal information reflecting a written or verbal business-to-business communication (“B2B personal information“) from some its requirements.
Section 3.02 Information We Collect
Our Website collects information that identifies, relates to, describes, references, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular consumer, household, or device (as used in this Article III “personal information“). Personal information does not include:
- Publicly available information from government records.
- Deidentified or aggregated consumer information.
- Information excluded from the CCPA’s scope, such as (A) health or medical information covered by the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the California Confidentiality of Medical Information Act (CMIA), clinical trial data, or other qualifying research data, and (B) personal information covered by certain sector-specific privacy laws, including the Fair Credit Reporting Act (FCRA), the Gramm-Leach-Bliley Act (GLBA) or California Financial Information Privacy Act (FIPA), and the Driver’s Privacy Protection Act of 1994.
In particular, our Website has collected the following categories of personal information from consumers within the last twelve (12) months:
|A. Identifiers.||A real name, alias, postal address, unique personal identifier, online identifier, Internet Protocol address, email address, member name, Social Security number, driver’s license number, passport number, or other similar identifiers.||YES|
|B. Personal information categories listed in the California Customer Records statute (Cal. Civ. Code § 1798.80(e)).||A name, signature, Social Security number, physical characteristics or description, address, telephone number, passport number, driver’s license or state identification card number, insurance policy number, education, employment, employment history, bank account number, credit card number, debit card number, or any other financial information, medical information, or health insurance information.
Some personal information included in this category may overlap with other categories.
|C. Protected classification characteristics under California or federal law.||Age (40 years or older), race, color, ancestry, national origin, citizenship, religion or creed, marital status, medical condition, physical or mental disability, sex (including gender, gender identity, gender expression, pregnancy or childbirth and related medical conditions), sexual orientation, veteran or military status, genetic information (including familial genetic information).
|D. Commercial information.||Records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies.||YES|
|E. Biometric information.||Genetic, physiological, behavioral, and biological characteristics, or activity patterns used to extract a template or other identifier or identifying information, such as, fingerprints, faceprints, and voiceprints, iris or retina scans, keystroke, gait, or other physical patterns, and sleep, health, or exercise data.||YES|
|F. Internet or other similar network activity.||Browsing history, search history, information on a consumer’s interaction with a website, application, or advertisement.||YES|
|G. Geolocation data.||Physical location or movements.||YES|
|H. Sensory data.||Audio, electronic, visual, thermal, olfactory, or similar information.||YES|
|I. Professional or employment-related information.||Current or past job history or performance evaluations.||NO|
|J. Non-public education information (per the Family Educational Rights and Privacy Act (20 U.S.C. Section 1232g, 34 C.F.R. Part 99)).||Education records directly related to a student maintained by an educational institution or party acting on its behalf, such as grades, transcripts, class lists, student schedules, student identification codes, student financial information, or student disciplinary records.||NO|
|K. Inferences drawn from other personal information.||Profile reflecting a person’s preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes.||YES|
Section 3.03 Use of Personal Information
(a) We may use, sell, or disclose the personal information we collect for one or more of the following purposes:
- To fulfill or meet the reason you provided the information. For example, if you share your name and contact information to request a price quote or ask a question about our products or services, we will use that personal information to respond to your inquiry. If you provide your personal information to purchase a product or service, we will use that information to process your payment and facilitate delivery. We may also save your information to facilitate new product orders or process returns.
- To provide, support, personalize, and develop our Website, products, and services.
- To create, maintain, customize, and secure your membership with us.
- To process your requests, purchases, transactions, and payments and prevent transactional fraud.
- To provide you with support and to respond to your inquiries, including to investigate and address your concerns and monitor and improve our responses.
- To personalize your Website experience and to deliver content and product and service offerings relevant to your interests, including targeted offers and ads through our Website, third-party sites, and via email or text message (with your consent, where required by law).
- To help maintain the safety, security, and integrity of our Website, products and services, databases and other technology assets, and business.
- For testing, research, analysis, and product development, including to develop and improve our Website, products, and services.
- To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.
- As described to you when collecting your personal information or as otherwise set forth in the CCPA.
- To evaluate or conduct a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our [Website users/consumers] is among the assets transferred.
- For any purpose, with your consent.
(b) We will not collect additional categories of personal information or use the personal information we collected for materially different, unrelated, or incompatible purposes without providing you notice.
Section 3.04 Sharing Personal Information
(a) We may share your personal information by disclosing it to a third party for a business purpose. We only make these business purpose disclosures under written contracts that describe the purposes, require the recipient to keep the personal information confidential, and prohibit using the disclosed information for any purpose except performing the contract. In the preceding twelve (12) months, Company has not disclosed personal information for a business purpose to the categories of third parties indicated in the chart below.
(b) We may also share your personal information by selling it to third parties, subject to your right to opt-out of those sales. Our personal information sales do not include information about individuals we know are under age 16. In the preceding twelve (12) months, Company has not sold personal information to the categories of third parties indicated in the chart below.
|Personal Information Category||Category of Third-Party Recipients|
|Business Purpose Disclosures||Sales|
|B: California Customer Records personal information categories.||None||None|
|C: Protected classification characteristics under California or federal law.||None||None|
|D: Commercial information.||None||None|
|E: Biometric information.||None||None|
|F: Internet or other similar network activity.||None||None|
|G: Geolocation data.||None||None|
|H: Sensory data.||None||None|
|I: Professional or employment-related information.||None||None|
|J: Non-public education information.||None||None|
|K: Inferences drawn from other personal information.||None||None|
Section 3.05 Reselling Personal Information
The CCPA prohibits a third party from reselling personal information unless you have received explicit notice and an opportunity to opt-out of further sales. The following businesses may purchase personal information from us and may resell that information. To opt-out of those sales, please visit that businesses opt-out notice.
Section 3.06 Deidentified Patient Information
We do not sell or disclose deidentified patient information exempt from the CCPA to third parties.
Section 3.07 Your Rights and Choices
The CCPA provides consumers (California residents) with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.
(a) Right to Know and Data Portability. You have the right to request that we disclose certain information to you about our collection and use of your personal information over the past 12 months (the “right to know”). Once we receive your request and confirm your identity, we will disclose to you:
- The categories of personal information we collected about you.
- The categories of sources for the personal information we collected about you.
- Our business or commercial purpose for collecting or selling that personal information.
- The categories of third parties with whom we share that personal information.
- If we sold or disclosed your personal information for a business purpose, two separate lists disclosing (A) sales, identifying the personal information categories that each category of recipient purchased, and (B) disclosures for a business purpose, identifying the personal information categories that each category of recipient obtained.
- The specific pieces of personal information we collected about you (also called a data portability request).
We do not provide a right to know or data portability disclosure for B2B personal information.
(b) Right to Delete. You have the right to request that we delete any of your personal information that we collected from you and retained, subject to certain exceptions (as used in this Article III, the “right to delete“). Once we receive your request and confirm your identity, we will review your request to see if an exception allowing us to retain the information applies. We may deny your deletion request if retaining the information is necessary for us or our service provider(s) to:
- Complete the transaction for which we collected the personal information, provide a good or service that you requested, take actions reasonably anticipated within the context of our ongoing business relationship with you, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, or otherwise perform our contract with you.
- Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity, or prosecute those responsible for such activities.
- Debug products to identify and repair errors that impair existing intended functionality.
- Exercise free speech, ensure the right of another consumer to exercise their free speech rights, or exercise another right provided for by law.
- Comply with the California Electronic Communications Privacy Act (Cal. Penal Code § 1546 seq.).
- Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when the information’s deletion may likely render impossible or seriously impair the research’s achievement, if you previously provided informed consent.
- Enable solely internal uses that are reasonably aligned with consumer expectations based on your relationship with us.
- Comply with a legal obligation.
- Make other internal and lawful uses of that information that are compatible with the context in which you provided it.
We will delete or deidentify personal information not subject to one of these exceptions from our records and will direct our service providers to take similar action. We do not provide these deletion rights for B2B personal information.
(c) Exercising Your Rights to Know or Delete. To exercise your rights to know or delete described above, please send an email to [email protected] Only you, or someone legally authorized to act on your behalf, may make a request to know or delete related to your personal information. You may also make a request to know or delete on behalf of your child by sending an email to [email protected] You may only submit a request to know twice within a 12-month period. Your request to know or delete must:
- Provide sufficient information that allows us to reasonably verify you are the person about whom we collected personal information or an authorized representative.
- Describe your request with sufficient detail that allows us to properly understand, evaluate, and respond to it.
We cannot respond to your request or provide you with personal information if we cannot verify your identity or authority to make the request and confirm the personal information relates to you. You do not need to be a member with us to submit a request to know or delete. We will only use personal information provided in the request to verify the requestor’s identity or authority to make it.
(d) Response Timing and Format. We will confirm receipt of your request within ten (10) business days. If you do not receive confirmation within the 10-day timeframe, please contact [email protected]. We endeavor to substantively respond to a verifiable consumer request within forty-five (45) days of its receipt. If we require more time (up to another 45 days), we will inform you of the reason and extension period in writing. If you are a member with us, we will deliver our written response to that member. If you are not a member with us, we will deliver our written response by mail or electronically, at your option. Any disclosures we provide will only cover the 12-month period preceding our receipt of your request. The response we provide will also explain the reasons we cannot comply with a request, if applicable. For data portability requests, we will select a format to provide your personal information that is readily useable and should allow you to transmit the information from one entity to another entity without hindrance. We do not charge a fee to process or respond to your verifiable consumer request unless it is excessive, repetitive, or manifestly unfounded. If we determine that the request warrants a fee, we will tell you why we made that decision and provide you with a cost estimate before completing your request.
(e) Personal Information Sales Opt-Out and Opt-In Rights. If you are age 16 or older, you have the right to direct us to not sell your personal information at any time (as used in this Article III, the “right to opt-out“). We do not sell the personal information of consumers we actually know are less than 16 years old. Consumers who opt-in to personal information sales may opt-out of future sales at any time. To exercise the right to opt-out, you (or your authorized representative) may submit a request to us by sending an email to [email protected] Once you make an opt-out request, we will wait at least twelve (12) months before asking you to reauthorize personal information sales. However, you may change your mind and opt back in to personal information sales at any time by sending an email to [email protected] You do not need to be a member with us to exercise your opt-out rights. We will only use personal information provided in an opt-out request to review and comply with the request.
Section 3.08 Non-Discrimination
(a) We will not discriminate against you for exercising any of your CCPA rights. Unless permitted by the CCPA, we will not:
- Deny you goods or services.
- Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
- Provide you a different level or quality of goods or services.
- Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.
(b) However, we may offer you certain financial incentives permitted by the CCPA that can result in different prices, rates, or quality levels. Any CCPA-permitted financial incentive we offer will reasonably relate to your personal information’s value and contain written terms that describe the program’s material aspects. Participation in a financial incentive program requires your prior opt-in consent, which you may revoke at any time.
Section 3.09 “Shine the Light” law
California’s “Shine the Light” law (Civil Code Section § 1798.83) permits users of our Website that are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to [email protected]
Article IV. MISCELLANEOUS TERMS
Section 4.01 DISCLAIMER OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS SHALL NOT BE RESPONSIBLE AND SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN ANY WAY, FOR ANY EVENT BEYOND OUR DIRECT CONTROL; AND, BECAUSE OF THE COMPLEX AND CONSTANTLY CHANGING NATURE OF OUR TECHNOLOGY AND BUSINESS, WE NEITHER GUARANTEE, REPRESENT, NOR WARRANT THAT ANY PERFORMANCE ON THE PART OF THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS WILL BE ERROR FREE. YOU FURTHER ACKNOWLEDGE AND UNDERSTAND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR OTHER LOSS SUFFERED BY YOU OR ANY THIRD PARTY, WHICH RELATES TO ANY USE OR RELEASE OF YOUR INFORMATION (INCLUDING PERSONAL INFORMATION).
Section 4.02 Data Security
(a) We have and will make commercially reasonable efforts to implement measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, and disclosure. We may (1) store any information (including Personal Information) you provide to us on our secure servers behind firewalls; and (2) encrypted such information using SSL technology.
(b) The safety and security of your information (including Personal Information) also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password secure and confidential. We ask you not to share your password with anyone, and we urge you to be careful about giving out information in public areas of the Website like health support groups, message boards and forums. Information (including Personal Information) you share in certain areas of the Website such as public areas may be viewed by any user and other members of the Website, and third parties. The foregoing remains subject to Section 2.02, which you are encouraged to review in conjunction with this Section 4.01.
Unfortunately, the transmission of information via the internet is not completely secure. ALTHOUGH WE MAKE COMMERCIALLY REASONABLE EFFORTS TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT GUARANTEE THE SECURITY OF YOUR PERSONAL INFORMATION TRANSMITTED TO OR THROUGH THE WEBSITE. ANY TRANSMISSION OF PERSONAL INFORMATION IS AT YOUR OWN RISK. THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, LICENSEES, AND SERVICE PROVIDERS, AND EACH OF THEIR RESPECTIVE LICENSEES, SUCCESSORS, AND ASSIGNS SHALL NOT BE RESPONSIBLE FOR CIRCUMVENTION OF ANY PRIVACY SETTINGS OR SECURITY MEASURES CONTAINED ON THE WEBSITE.
Section 4.03 Construction and Interpretation
Section 4.04 Notice
Section 4.05 Waiver and Severability
Section 4.06 Third Party Beneficiary
Section 4.07 Entire Agreement
Section 4.08 CHOICE OF LAW
Section 4.09 SUBMISSION TO JURISDICTION
Section 4.10 Arbitration
Section 4.11 Waiver and Severability.
Section 4.12 Contact Information
(b) To register a complaint or concern, please send an email to [email protected]
(c) If you need to access this Policy in an alternative format due to having a disability, please contact [email protected]
(b) Your continued use of the Website following the posting of Changes, regardless of whether such Changes are recorded below, means that you accept and agree to such Changes. We recommend that you check this page from time to time so you are aware of any Changes, which will remain binding on you.
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