By using the Service in any manner, including, but not limited to, visiting or browsing the Site or contributing content, information, or other materials or services to the Site, you agree to be bound by this Agreement. If you do not wish to be bound by the Agreement, you may discontinue using the Site and the Service.
Throughout this document, the words “eDiets,” “us,” “we,” and “our,” refers to eDiets.com, Inc., our affiliates and business partners. Likewise, the words “you” and “your” refer to you, the person using the Service in any manner.
Please know that any product ratings, reviews or other information (including personal and health-related information) you reveal in publicly available areas of the Site, including a message board, online meetings, posting, chat room/event, or similar electronic public venues, is not protected by this Agreement. Such postings will be seen by Site registered users and/or guests and third parties not related to eDiets. What you write could be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. Also, if you access a third party website from a link on the Site, any information you reveal on that site is not subject to this Agreement.
INFORMATION COLLECTED ABOUT YOU
1. Information Collected by or on Our Behalf
1.1. In General.
eDiets 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 the Site.
1.2. Personal Information.
You are free to visit and use the Site without providing any personal information. However, portions of the Service require registration and submission of personal information. In order to register or otherwise take advantage of these portions of the Service, you will have to provide personal information. The personal information we might request from you may include your name, address, email address, phone number, gender, height, weight, age, desired weight, health information, lifestyle preferences and other diet or lifestyle-related information to help us design and personalize your subscription. In addition, if you are making a purchase, we will request your billing and credit card information. Providing us with your personal information is strictly voluntary. In some cases, we must share your personal information in order to fulfill your request. For example, we may use third party credit card processing companies and shipping fulfillment companies to fulfill your order. Additionally, we may, from time to time, work with third parties to offer products, services or contests. If you do not wish for us to share your personal information in this manner, please do not place orders on the Site or participate in contests or sweepstakes.
1.2.1. Registration & Account Profile.
In order to obtain access to certain products, services, and content available on the Site, you must complete our Registration Form and Account Profile pages. We use the personal information you provide through registration (i) to recommend and customize diet, meal, and fitness plans, (ii) to bill you and conduct other billing and account activity and (iii) to 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. 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 contacting you about your account. Based upon the personal information you provide us, we will send you a welcoming email. If you do you not wish for eDiets to contact you regarding your account or your progress, please do not register on the Site. You are free to unsubscribe to any other emails that you receive from us.
1.2.2. Emails & Newsletters
You may register to receive email subscriptions and newsletters from eDiets by visiting your Subscription Profile and opting in to receive the subscriptions or newsletters of your choosing. To receive emails and newsletters from eDiets you must provide your email address.
1.2.3. Surveys or Contests
From time-to-time we may provide you the opportunity to participate in contests, sweepstakes, promotions or surveys on or through the Site. 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.
1.2.4. Editorial/Interview Requests
A member of the eDiets editorial team may contact registered users 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. 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.
1.3. Non-personally Identifiable Information
1.3.2. Web Beacons
Our third party advertising partners employ software technology to help us validate sales on the Site by tracking the online movements of Site users. We do not use this technology to collect any personal information from or about you or to track your activities across websites generally.
1.3.3. Log Files
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. This information does not identify individual users. We use this information to analyze trends, to administer the Site and to identify and solve hardware and software problems as they arise. We may link this data to your personal information for the purpose of determining your interests and to offer you goods or services that may be of interest to you.
1.4. Tracking and Merging Information from Other Sources.
2. Information Collected by Third Parties Not Acting on Behalf of eDiets
We are committed to protecting the privacy of children. This Site 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.
4. Public Forums
5. Emails to eDiets
This Agreement does not protect you when you send business information, ideas, concepts or inventions to eDiets by email to the contacts listed on the "Contact Us" link on the Site. If you want to keep business information, ideas, concepts or inventions private or proprietary, please do not submit them to us.
DISCLOSURE OF YOUR INFORMATION
Except as set forth in this Agreement or as specifically agreed to by you, eDiets will not disclose any personal information it gathers from you on the Site without your prior permission. Except as set forth herein, you will have the opportunity to opt-in to opportunities to share your personal information with third parties, and you can withdraw your consent at any time. In some circumstances, we must disclose your personal information to third parties who help us administer the 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. 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. Additionally, if all or a substantial portion 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.
1. Disclosure to eDiets Affiliates
We may disclose information (including personal information) about you to our Affiliates. For purposes of this Agreement, "Affiliates" means any person or entity which directly or indirectly controls, is controlled by or is under common control with eDiets, whether by ownership or otherwise. Any information relating to you that we provide to our Affiliates will be treated by those Affiliates in accordance with the terms of this Agreement.
2. 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 the Site. 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 the Site. For example, we provide our advertisers and other third parties with aggregate, non-personal information about Site users, including the number of unique users who visit the Site, the demographic breakdown of the registered users of the Site or the activities that visitors to the Site engage in while visiting.
3. Disclosure to Outside Contractors
We may employ independent contractors, vendors and suppliers (collectively, "Outside Contractors") to provide specific services and products related to the Site, including but not limited to maintaining an email suppression list as required by state and/or federal law; hosting and maintaining our forums; providing credit card processing, secure credit card storage and shipping fulfillment; fraud screening; testing and implementation of special customer services; and developing applications for the Site and email services. These Outside Contractors may sometimes have limited access to information collected on the Site, 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. All Outside Contractors are required to maintain the confidentiality of your personal information.
4. Disclosure to Linked Sites
5. Other Disclosures
We reserve the right to transfer information to a third party in the event of a sale, liquidation, merger, or other transfer of all or a substantial portion of the assets of eDiets or any of our major business units . We will endeavor, in good faith, to gain the third party's agreement and adherence to the terms of this Agreement. In addition, we will notify users of any such transfer through notice on the Site and through email.
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). We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. While no method of transmission or electronic storage is 100% secure, eDiets will strive to use commercially acceptable means to protect your personal information.
YOUR PRIVACY CHOICES
Except as otherwise described in this Agreement, we will only use personal information for the purposes described above or as otherwise disclosed at the time we request such information from you. You may also change your preference and opt out of receiving voluntary, non-transactional communications by changing that option in your Account Profile or by following the directions provided in association with the communication.
UPDATING YOUR PERSONAL INFORMATION AND CONTACTING EDIETS.COM
You may always access your Account Profile in order to (i) update or correct your personal information, (ii) change your preferences with respect to communications and other information you receive from us or third parties or (iii) delete the personal information maintained about you on our systems. Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Agreement prior to such update, correction, change, or deletion.
You should be aware that it is not technologically possible to remove from our servers each and every record of the information you have provided to us. 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
If you have any questions about this Agreement, please contact us in any of the following ways:
- email to email@example.com (provide your first and last name and email address; we will not open your email if it contains attachments); or
- mail to eDiets.com, Inc., 14044 Icot Blvd., Clearwater, FL 33760, Attn: Customer Service (provide your first and last name, and email address).
This policy was last updated on September 14, 2013