TABLE OF CONTENTS
Section I - Information Collected About You
- Information Collected by eDiets.com or on Behalf of eDiets.com
- Information Collected by Third Parties Not Acting on Behalf of eDiets.com
- Public Forums
- Emails to eDiets.com
Section II - Disclosure of Your Information
- Disclosure to eDiets.com Affiliates
- Disclosure to Third Parties Generally
- Disclosure to Outside Contractors
- Disclosure to Third Party Sellers
- Disclosure to or by Co-branded Channel Partners
- Disclosure to Linked Sites
- Other Disclosures
Section III - How eDiets.com Handles Security
Section IV - Your Privacy Choices
Section V - Updating Your Personal Information and Contacting eDiets.com
Section VI - Contact Us with Privacy-related Questions
INFORMATION COLLECTED ABOUT YOU
A. Information Collected by eDiets.com or on Behalf of eDiets.com
1. In General.
eDiets.com collects two kinds of information: (1) Personally identifiable information ("Personal Information") voluntarily provided by visitors through optional registration or other methods and (2) non-personally identifiable information routinely gathered as visitors navigate through our Website.
2. Personal Information.
You are free to visit and use our Website without providing any Personal Information. However, eDiets.com offers services on our Website that require registration and/or submission of Personal Information. In order to register or otherwise take advantage of the products and personalized services that we offer on our Website, you will have to provide Personal Information. The Personal Information we might request from you may include your name, address, email address, phone number and, if you are making a purchase of goods or services, your billing and credit card information. Providing eDiets.com with your Personal Information is strictly voluntary.
By way of example only, some situations in which we may request Personal Information include: when you register to become a Member of our Website and/or when you update your Member Profile on our Website; when you register to receive our informational Newsletter(s); when you purchase a product or service from our Online Store; when you enter a contest, sweepstakes or promotion on our Website; when you participate in a survey on our Website; or to when you wish to participate in one of our interactive forums, including chat rooms or posting boards. The ways in which we collect Personal Information are described in more details below.
In some cases, we must share your Personal Information in order to fulfill your request(s). For example, we may use third party credit card processing companies and shipping fulfillment companies to fulfill your order. Additionally, from time to time we offer products or services on our Websites that are provided by a third party. Also, sometimes we offer contests and sweepstakes with another party. If you do not wish for us to share your Personal Information in this manner, please do not place orders on our Website or participate in contests or sweepstakes. For more information on how your information is used, click here.
Registration & Member Profile.
In order to obtain access to certain products, services, and/or content available on our Website (e.g., diet, meal, and/or fitness plans), you must complete a registration form. Our Registration Form and Member Profile pages request that you submit the following information: your name, a selected username and password, email address, mailing address, zip code, gender, height, weight, age, credit card information (if you are making a purchase of goods or services), desired weight, health information (e.g., diabetes, heart disease, etc.), lifestyle preferences (e.g., activity level, favorite foods, etc.), and other diet or lifestyle-related information to help us design and personalize your diet and/or exercise program. We use the Personal Information you provide through registration to recommend and customize diet, meal, and fitness plans; bill you and conduct other billing and account activity; and respond to any questions that you submit. From time to time we might need to update you about your account, contact you regarding a billing question, notify you about changes to our services, or otherwise send you service-related announcements. For example, if a service to which you have subscribed is temporarily suspended for maintenance, we might send you an email to notify you of the service suspension. Or, we may need to contact you with respect to a billing matter. You will not be able to unsubscribe from these transactional emails. You will be permitted to unsubscribe from all other emails that are not transactional in nature.
In those circumstances, we will use your Personal Information to contact to you. By registering for our services, you consent to eDiets.com contacting you about your account. Based upon the Personal Information you provide us, we will send you a welcoming email to verify your username and password. We will also call you at the telephone number that you provide in your registration to welcome you to eDiets.com. From time to time we may call you to check in on your diet or exercise progress and offer non-sales related mentoring assistance. If you do you not wish eDiets.com to contact you regarding your account or your progress, please do not register on our Website. You are of course free to unsubscribe to any other emails that you receive from us.
See the section entitled "Your Privacy Choices" below for more details about opting-out from non-transactional email subscriptions and newsletters.
Emails & Newsletters
You may register to receive email subscriptions and newsletters from eDiets.com by visiting your Subscription Profile and opting in to receive the subscriptions or newsletters of your choosing. To receive emails and newsletters from eDiets.com you must provide your email address. eDiets.com also offers a "Tell a Friend" (a.k.a. "Refer a Friend") feature that enables you to send articles and other content to your friends. When you use eDiets.com's "Tell a Friend" feature, we do not store your friend's email address. We use your friend's email address only for the purpose of sending your friend the article or content you requested and for no other purpose, unless otherwise disclosed to you at the time you send the email.
Surveys or Contests
From time-to-time we may provide you the opportunity to participate in contests, sweepstakes, promotions or surveys on or through our Website. If you participate, we will request certain Personal Information from you. Participation in these contests, sweepstakes, or surveys is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes contact information (such as name, email, and/or shipping address), and demographic information (such as zip code).
Sometimes we may offer these contests or sweepstakes together with another party, or we may use a third party service provider to help us conduct the promotion. In order to administer the promotion and/or provide the winner(s) with a prize, we may need to share your Personal Information with a third party who is helping us conduct the promotion or co-sponsoring the promotion with us. We will notify you within the Official Rules of promotions if another party is co-sponsoring the promotion with us. If we are using a third party service provider, the third party service provider will be prohibited from using your Personal Information for any other purpose.
A member of the eDiets.com editorial team may contact members via email, telephone or postal mail for potential interviews and feature stories. Testimonials and Success Stories are effective tools in communicating the impact of personalized meal plans and other programs available from eDiets.com. Participation in editorial or interview requests is strictly voluntary and you are free to refuse to participate. If you do choose to participate, however, you should be aware that we may use your name, likeness, statements, quotes, and other Personal Information.
3. Non-personally Identifiable Information
You may use our Website without registering or submitting any Personal Information. In that case, the only information we will collect from you is general, aggregated, demographic, or other non-personal information.
In some cases, when you click on a link or an advertisement in an email or newsletter you may receive from us, your browser may be momentarily directed to the site of a third party which, acting on eDiets.com's behalf (see Section III, below), notes or "counts" your response to the email or newsletter before re-directing your browser to its proper destination. This re-direction process will not be apparent to you. Your Personal Information will not be recorded by this third party.
Your browser may be set to reject all cookies. Most browsers offer instructions on how to reset the browser to reject cookies in the "Help" section of the toolbar. If you reject our cookie(s), you will be restricted to certain free areas of our Website and will be unable to access areas of the Website available to paid members.
We also use a third-party advertising company to serve ads when you visit our Web site. This company may use non-personally identifiable information about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you.
Our third party advertising partners employ a software technology called clear gifs (a.k.a. Web Beacons/Web Bugs) that help us to validate sales on our Website. Clear gifs are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web users. In contrast to cookies which are stored on a user's computer hard drive, clear gifs are embedded invisibly on web pages and are about the size of the period at the end of this sentence. We do not tie the non-personal information gathered by clear gifs to your Personal Information, and we do not use web beacons to collect any Personal Information from or about you or to track your activities across websites generally.
As is true of most websites, we gather certain information automatically and store it in log files. This information includes internet protocol (IP) addresses, browser type, referring/exit pages, operating system, date/time stamp, and clickstream data. We use this information (which does not identify individual users) to analyze trends, to administer the Website, and to identify and solve hardware and software problems as they arise. We may link this automatically-collected data to your Personal Information for the purpose of determining your interests and to offer you goods or services that we believe may be of interest to you.
4. Tracking and Merging Information from Other Sources.
We perform this tracking and merging to assist us in evaluating and improving our Website, products, and services; to determine your preferences so that we can tailor our Website, products, and services to your needs; to provide you with targeted marketing offers that we think may be of interest to you; and/or to study nutritional, weight loss, behavioral and fitness questions in general.
B. Information Collected by Third Parties Not Acting on Behalf of eDiets.com
Sponsors, partners or advertisers on the Website or in emails, special promotions, or newsletters we send you may also use their own cookies or web beacons when you click on their advertisement or link to their website or service, or even if the advertisement simply appears on a page or in an email that you are viewing.
We are committed to protecting the privacy of children. This Website is not designed for, nor is it intended to attract, children under the age of 13. We do not knowingly collect Personal Information directly from any person under the age of 13, and if we do inadvertently collect information from a person under the age of 13, we delete it as soon as we discover it.
eDiets.com offers the Trim KidsTM Nutrition Program to adult parents (i.e., legal guardians over 18 years of age) as a nutrition tool for use with their children, ages 5-17. When a parent joins the Trim KidsTM Nutrition Program, we will need to collect non-personally identifiable information about the parents child or children (i.e., birthday, gender, height, weight, and waist measurement) so we may provide the parent with the proper nutrition guidance and resources for use with their child(ren). If a parent closes a Trim KidsTM Membership, the non-personally identifiable information about that parents child(ren) will be deleted. Please feel free, however, to contact our Customer Service Department at (800) 265-6170 if you have any questions.
D. Public Forums
E. Emails to eDiets.com
DISCLOSURE OF YOUR INFORMATION
In some circumstances, we must disclose your Personal Information to third parties who help us administer our Website or our services. These third parties are required to keep your information confidential and do not use your information for any purpose other than the purpose under which your information was collected. See Section II(C), Disclosure to Outside Contractors for more information. Additionally, we offer the goods or services of third parties in our Online Store, and in other places on our Website. If you should make a purchase, we will have to disclose your information to these third parties so that your order can be placed and processed. See Section II(D), Disclosure to Third Party Sellers for more information. We also disclose your information to our Affiliates (defined below).
We may also release Personal Information to third parties: (1) to comply with valid legal requirements such as a law, regulation, search warrant, subpoena, court order, or legal process; or (2) in special cases, such as a physical threat to you or others, or to protect the rights and/or property of eDiets.com. Additionally, in the unlikely event that the entirety of our business is sold, liquidated, merged, or transferred to a third party, we may transfer all personal and non-personal information to the party purchasing or merging with us. See Section II(G), Other Disclosures for more information.
A. Disclosure to eDiets.com Affiliates
B. Disclosure to Third Parties Generally
Occasionally we may invite you to be contacted by third parties whose goods or services may be of interest to you. We will only share your Personal Information with these third parties if you grant us permission to do so. If you opt-in to such sharing, we may also share your Personal Information with licensors of certain diet, nutrition, and/or health-related programs offered on or through our Website (e.g., Atkins Nutritionals, Inc.).
We may provide third parties with non-personal 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 provide our advertisers and other third parties with aggregate, non-personal information about our Website users, including 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.
C. Disclosure to Outside Contractors
We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to our Website, including but not limited to maintaining an email suppression list as required by state and/or federal law; hosting and maintaining our chat rooms; providing credit card processing and shipping fulfillment; fraud screening; testing and implementation of special services such as those for contacting members to offer customer support to help members to reach their goals; and developing applications for our Website and email services. These Outside Contractors may sometimes have limited access to information collected on our Website, including your Personal Information, in the course of providing products or services to us. Access to your Personal Information by these Outside Contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function for us.
D. Disclosure to 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"). In addition, if you purchase a product or service through one of our co-branded stores (rather than through our Online Store), you will likely be purchasing the product through a Third Party Seller, not from us. We will attempt to notify you when you are dealing with a Third Party Seller by opening a new browser or otherwise notifying you that you are leaving our Website. 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 eDiets.com, 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 Personal Information (e.g., name and address for shipment purposes) to them in order to purchase their products or services or to obtain additional information from them. Alternatively, we may offer the products or services of these Third Party Sellers in our Online Store or elsewhere through our Website. If you should make a purchase of these products or services, we will transmit your purchase data and your Personal Information to the Third Party Seller so that the transaction can be processed.
E. Disclosure to or by Co-branded Channel Partners
F. Disclosure to Linked Sites
G. Other Disclosures
HOW EDIETS.COM HANDLES SECURITY
The security of your Personal Information is important to us. When you enter sensitive information (such as credit card number) on our registration or order forms, we encrypt that information using secure socket layer technology (SSL). To learn more about SSL, follow this link www.verisign.com.
We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
If you have any questions about security on our Website, please email us at firstname.lastname@example.org
YOUR PRIVACY CHOICES
Except as otherwise stated herein, users of our Website are notified when Personal Information is being collected by third parties on our Website.
Please know too that you may always choose not to provide information, though it might be needed to take advantage of offers or Website features. You can add or update certain information you provide to us through your Member Profile and/or Subscription Profile or by contacting email@example.com.
UPDATING YOUR PERSONAL INFORMATION AND CONTACTING EDIETS.COM
You should be aware that it is not technologically possible to remove each and every record of the information you have provided to eDiets.com from our servers. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personal Information may exist in a non-erasable form that will be difficult or impossible for us to locate. Nevertheless, we promise that upon receiving your request, all Personal Information stored in the databases we actively use for research and daily business activities, and other readily searchable media, will be disabled.
CONTACT US WITH PRIVACY-RELATED QUESTIONS
Send an email to: firstname.lastname@example.org
Or, send a letter to:
555 SW 12th Avenue
Pompano Beach, FL 33069
Attn: Privacy / Legal
Or, send a fax to:
Attn: Privacy / Legal
Effective Date: This policy was last updated on May 11, 2004