What Information About Me is Collected on the Sites or Through My Purchase of Products?
We collect two types of information: personally identifiable information and non-personally identifiable information.
Personally Identifiable Information
Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information“). Such Personally Identifiable Information may include your name, address, email address, telephone number, birth date (primarily for eligibility purposes) and billing and credit card information, and fitness information (such as weight or BMI). We may request Personally Identifiable Information from you when you register on or subscribe to our Sites, or purchase any products from any online stores in our Sites (“Products“). In all of these cases, we will collect Personally Identifiable Information from you only if you voluntarily submit such information to us.
You do not have to provide us with any Personally Identifiable Information to visit our Sites. However, if you choose to withhold requested information, you may not be able to visit all sections of our Sites or use or receive all of our Sites, promotions and offerings.
Non-Personally Identifiable Information
When you become a registered user of, or subscribe to, one of our Sites, we also may collect information that by itself cannot be used to identify or contact you, such as demographic information (such as age, profession or gender) and fitness information (such as current weight or BMI) (“Non-Personally Identifiable Information“). Non-Personally Identifiable Information may also include user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Sites. Non-Personally Identifiable Information is used to help us understand who uses our Sites and to improve and market our Sites in general and our Sites in particular.
Information from your Mobile Device
We may also use technologies to provide you with tailored information and features as you use our Sites. When you access our Sites from your mobile handheld device (“Mobile Device“), we may obtain information about the type of Mobile Device you are using. We may use this information to notify you of features and products that may be available on your Mobile Device. Certain features may require our collection of the phone number of your Mobile Device. We may link that phone number to the mobile device identification information. In addition, some mobile network providers (“Mobile Providers“) in the United States are required to use technology that tracks the physical location of Mobile Devices that use their service. Depending on your Mobile Provider and mobile device, we may automatically receive this information. If we begin to offer services that use this tracking (“pinpointing”) information, we will obtain your consent (an opt-in) before using the information. AFTER OBTAINING SUCH CONSENT, WE MAY USE AND STORE THIS INFORMATION TO PROVIDE LOCATION-BASED SERVICES, INCLUDING LOCATION-TARGETED ADVERTISING. BY ACCESSING THE SITES THROUGH YOUR MOBILE DEVICE, YOU ARE EXPRESSLY CONSENTING TO OUR COLLECTION OF SUCH INFORMATION AND ARE PROVIDING US WITH YOUR PRIOR WRITTEN CONSENT TO RECEIVE TEXT MESSAGES AND ELECTRONIC EMAIL TO YOUR MOBILE DEVICE. WE MAY USE YOUR ELECTRONIC CONTACT INFORMATION TO SEND YOU COMMUNICATIONS.
Most mobile devices provide users with the ability to disable location services. These controls are usually located in the mobile device’s settings menu. If you have questions about how to disable your mobile device’s location services, we recommend you contact your Mobile Provider or your mobile device manufacturer.
Information from Other Sources
We may also supplement the information we collect with information from other sources to assist us in evaluating and improving our Sites, to determine your preferences so that we can tailor our Sites to your needs, and/or to study nutritional, weight loss, behavioral and fitness questions in general.
Where and When is Information Collected on or Through Our Sites?
We may collect information (including information that is Personally Identifiable Information) from you in different manners and at different places and times on our Sites, such as when you register for our online community or subscribe to one of our Sites. The following is a description of manners in which we collect information about you:
Becoming a Registered User and Subscription, and Purchasing Products
You must first complete certain steps to become either a registered user or a subscriber in order to access certain portions of our Sites, such as our chat rooms, message boards, blogs, weight loss tools, e-coupons, newsletters, online stores and food database, or to purchase Products and take advantage of our rewards programs and other special offers, During these steps, you may be required to provide us with information (including Personally Identifiable Information) such as name, zip code and email address, and, if you subscribe to one of our Sites, credit card and billing information. This information is used to help us understand who uses our Sites, to improve our Sites, to contact users about requested Sites and for subscription billing purposes if applicable. It is optional for you to provide fitness information, but providing this information is encouraged so we can provide a more personalized experience on our Sites.
We also collect Non-Personally Identifiable Information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Sites. This information may be used to analyze trends, to administer the Sites, to monitor use of our Sites, and to gather general demographic information. We may link this information to Personally Identifiable Information for these and other purposes, such as personalizing your experience on our Sites and evaluating our Sites and promotions in general.
Email or Refer a Friend
Through our referral tools for informing a friend about our Sites, we will automatically send your friend a one-time email containing the information you request to be sent. If you elect to use these referral tools, we will collect from you certain Personally Identifiable Information about your friend which you have provided, such as your friend’s name and email address.
What Do We Do With the Information We Collect?
In general, we use the information collected on our Sites to help us understand who uses our Sites and how they are used, to personalize your experience, to assist you in using our Sites, to improve our Sites, and for billing purposes.
If you become a registered user, subscribe to one of our Sites, or purchase Products from our online stores, we may use your information to send you a welcome email that may confirm your user name and password. If you “opt-in” we may send you electronic newsletters, contact you about our Products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with an option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including Personally Identifiable Information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to send you important service announcements and updates regarding our Sites or, if you are a subscriber, about your billing account status. You will not be able to unsubscribe from these service announcements and updates as they contain important information relevant to your use of our Sites.
In addition, if you become a registered user or subscribe to one of our Sites we may use your information to contact you by postal mail or text message 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 and through our Sites 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 Sites. We may link some of this information to Personally Identifiable Information for internal purposes only or to assist you in your personal weight loss efforts.
When Do We Disclose Information To Third Parties?
Laws and Legal Rights
We may also disclose your information (including Personally Identifiable Information) if we believe in good faith that we are required to do so in order to comply with laws or regulations, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose Personally Identifiable Information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms or any subscription agreement, or to protect the safety or security of our users, our Sites or the general public.
Third Parties and Advertisers
We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our Sites. For example, we might inform third parties regarding the number of unique users who visit our Sites, the demographic breakdown of the registered users of our Sites, or the activities that visitors to our Sites engage in while on our Sites. The third parties to which we may provide this information may include independent providers of Products, potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.
We also may allow advertisers (“Advertisers“) to choose the users who will see their advertisements or promotional offers. You agree that we may provide any non-personal information we have collected from you to an Advertiser, so that Advertiser may select the appropriate audience for advertisements or offers. For example, we might use the fact you are located in Denver to show you ads or offers for Denver businesses, but we will not tell such businesses who you are.
In addition, if you have not opted out of our targeted advertising, you agree that we may share your personal information with Advertisers in order to deliver specific targeted advertising or offers to you (“Targeted Advertising“). If we enable Targeted Advertising for our users by default, you will be able to opt out of Targeted Advertising at any time by changing your personal settings. You may see certain ads on other websites if we participate in advertising networks administered by third parties. These networks track your online activities over time by collecting information through automated means, including through the use of the automated technologies described above, and they use this information to show you advertisements that are tailored to your individual interests. The information they collect includes information about your visits to our Sites, such as the pages you have viewed. This collection may take place both on our Sites and on third-party websites that participate in the relevant ad network, such as websites that feature advertisements delivered by the ad network. If you want to prevent third parties from delivering tailored advertising, visit the Network Advertising Initiative Consumer Opt-Out Page, and the Digital Advertising Alliance Opt-out Page.
Sale of Business
Your California Privacy Rights
California Civil Code Section 1798.83 permits users that are residents of California to request the following information regarding our disclosure of your Personally Identifiable Information to third parties for those third parties’ direct marketing purposes: (i) a list of certain categories of Personally Identifiable Information that we have disclosed to certain third parties for their direct marketing purposes during the immediately preceding calendar year, (ii) the identity of certain third parties that received Personally Identifiable Information from us for their direct marketing purposes during that calendar year, and (iii) examples of the products or services marketed (if we have that information). If you are a California resident and would like to make such a request, please email or write us at the contact information listed below.
Deleting Information About You
Whether or not you provide Personally Identifiable Information is completely your own choice. You are not obligated to answer any question that is presented to you on our through our Sites. You may opt-out from receiving future promotional information from us or our Affiliates, or direct that we not share your information with any Affiliates, as set forth below. Whether or not you opt-out is your choice; however, in many instances this type of information is required to participate in a particular activity, realize a benefit we may offer, or gain access to certain content, services, or offers on our Sites.
User-Generated Content and Public Forums
The Sites may offer publicly accessible blogs or community forums or other ways to permit you to submit ideas, photographs, user profiles, writings, recordings, computer graphics, pictures, data, questions, comments, suggestions or other content, including Personally Identifiable Information (collectively, “User Content”). We or others may reproduce, publish, distribute or otherwise use User Content online or offline in any media or format. Others may have access to this User Content and may have the ability to share it with third parties across the Internet. You should be aware that any User Content you provide in these areas may be read, collected, and use by others. Thus, please think carefully before deciding what information you share, including Personally Identifiable Information, in connection with your User Content. Please note that we do not control who will have access to the information that you choose to make public, and cannot ensure that parties who have access to such publicly available information will respect your privacy or keep it secure. We are not responsible for the accuracy, use or misuse of any content or information that you disclose or receive. To request removal of your User Content from our blog or community forum or similar features, contact us as set forth below. In some cases, we may not be able to remove your User Content, in which case we will let you know if we are unable to do so and why.
We are committed to protecting the privacy of children. The Sites are not designed for or directed to children under the age of 13. We do not collect Personally Identifiable Information on or through or Sites from any person we actually know is under the age of 13. We urge all parents or guardians to participate in their children’s exploration of the Internet, and to teach their children about protecting their Personally Identifiable Information while online. If you use the Sites, you hereby represent and warrant that you are at least 13 years of age. In compliance with the Children’s Online Privacy Protection Act, any information we receive from users we believe to be under the age of 13 will be purged from our database.
Is the Information We Collect Secure?
Notwithstanding the above commitments to protect your information (including Personally Identifiable Information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.
We do not want to receive confidential or proprietary information from you through our Sites or otherwise. Please note that any information or material sent to us will be deemed NOT to be confidential, except your Personally Identifiable Information. By sending us any information or material, including Your Content, you grant us an unrestricted, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute those materials or information, and you also agree that we are free to use any ideas, concepts, know-how or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us unless: (a) we obtain your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of these Sites will be published or otherwise used with your name on it; or (c) we are required to do so by law.
Contact, Access, and Opt-Out Information
6250 Wadsworth Blvd., Suite 160
Arvada, CO 80003
We will respond to your request and, if applicable and appropriate, make the requested change in our active databases as soon as reasonably practicable. Please note that we may not be able to fulfill certain requests while allowing you access to certain benefits and features of our Sites.