Updated: July 12, 2007
If you are a resident of the State of California and would like to opt-out from the disclosure of your personal information to any third party for direct marketing purposes, please e-mail us by using our Customer Support Site. Please be advised, however, where California residents opt-out from permitting their personal information to be shared, such individuals may still receive selected offers directly from the Company in accordance with the law.
We use your network (IP) address to help detect fraudulent credit card orders, diagnose problems with our server and to administer the downloading services ("Services") offered at the Website. We may use your IP address to verify your identity internally or with a third party, but we will never utilize it to send any IP-based advertising to you. Your IP address is recorded so that we can offer the best possible customer service to you at all times.
We currently employ cookie and web bug technology to associate certain Internet-related habits of visitors to the Website with information that we have in our database. Additionally, we may use other new and evolving sources of information gathering technology in the future (together, "Technology Information"). A "cookie" is a small amount of data stored on the hard drive of your computer that allows us to identify you with corresponding data on file in our database or the database of a third-party service provider. Individuals that use the Website must accept cookies in order to access all of the features and functionality available through use of the Website. No personally identifiable information is gathered by the cookie. To find out more information about cookies, including how to disable them, please visit www.cookiecentral.com. A "web bug" consists of source code embedded in an html e-mail or web page that can be used to transfer an individual's unique user identification to a database and associate the individual with previously acquired information on that individual that resides in a database. Use of web bugs allows us to track certain websites that an individual may visit online. Web bugs are also used to assist in ascertaining the products and services that individuals are interested in and to track online behavioral habits for marketing purposes. In addition to using web bugs on web pages, we also use web bugs in connection with e-mail messages sent to individuals listed in our database. By visiting the Website, you agree to allow us to share such Website usage with third parties. You may erase and/or disable web bug functionality by following the instructions contained in your browser.
We provide membership-based Services. We collect personal information when you register for and purchase a membership at the Website. In particular, and without limitation, we collect your first name, last name, e-mail address, mailing address, telephone number and credit card information (collectively, "Registration Data") during the registration process. All visitors to the Website may browse selected portions of the Website and obtain information about our Services without entering any personal information.
Any personal information that you submit to us at the Website remains your property. However, by submitting that information on the Website, you grant to us the right to use your personal information for any legal purpose including, without limitation: a) marketing purposes, such as sharing your information with third party advertisers; b) providing promotional offers to you by means of e-mail advertising, telemarketing, direct mail marketing, online banner advertising and/or package stuffers; c) transferring your personal information to a third party, when necessary, to receive a product or service that you may have ordered from such third party while using the Website or when responding to offers provided by us; d) tracking compliance with our Terms and Conditions; and e) for validation, suppression, content improvement and feedback purposes. In addition, you agree that we may contact you with updates and/or any other information that we may deem appropriate for you to receive in connection with the Services.
By submitting your e-mail address at the Website, you agree to receive e-mail marketing from us and our third party advertisers with whom we share your e-mail address. We may maintain separate e-mail lists for different purposes. If you wish to end your e-mail subscription to a particular list, you must follow the instructions contained in any e-mail correspondence that you receive from us or a third party advertiser in order to unsubscribe from a particular list. Unsubscribing from one list will not automatically unsubscribe you from all Company e-mail lists. We only send e-mail marketing to individuals that have agreed to receive e-mail from us and to individuals that have otherwise agreed, on third-party websites, to receive e-mail marketing from us. We do not send unsolicited commercial e-mail. As a result, certain statutes requiring particular formatting for unsolicited commercial e-mail may not be applicable to the commercial e-mail that is sent by us. Notwithstanding the foregoing, we will not send you any e-mail marketing, or allow any third party to send you e-mail marketing, from which you cannot unsubscribe.
In addition, you agree that by submitting your e-mail address at the Website, such act constitutes a purchase, an inquiry and/or an application for purposes of the Amended Telemarketing Sales Rule, 16 CFR ?310 et seq. (the "ATSR"). Notwithstanding that your telephone number may be listed on the Federal Trade Commission's Do-Not-Call List, we retain the right to contact you via telemarketing in accordance with the ATSR. Moreover, by registering with, or requesting information from, a third party advertiser at or through the Website, such action shall constitute a purchase, an inquiry and/or an application with the respective third party advertiser for purposes of the ATSR and you may be contacted via e-mail, direct mail and/or telemarketing by such third party advertiser in accordance with the ATSR.
We reserve the right to release current or past user information in the event that: a) we believe that the Website is being or has been used in violation of the Terms and Conditions and/or to commit unlawful acts; b) where such disclosure is required by law and/or where we have a good faith belief that such action is necessary to comply with a judicial proceeding, court order and/or subpoena; or c) if we and/or the Company are sold or acquired. Moreover, you hereby consent to disclosure of any record or communication to any third party when the Company, in its sole discretion, determines the disclosure to be appropriate including, without limitation, sharing your e-mail address with other third parties for suppression purposes in compliance with the CAN-SPAM Act of 2003, as amended from time-to-time.
In connection with purchases and transactions that take place on the Website, we will collect your credit card information. This will be done via third party merchant transaction providers and during transmission, such information will be encrypted and protected with SSL encryption software. The third party merchant transaction providers that we contract with do not retain, share, store or use any personally identifying information for any secondary purposes. Such verification may be conducted through a third party service provider and, in that case, we will share your specific credit card information with this third party for verification purposes only. Apart from the foregoing uses, we reserve the right to share with other third parties the fact that we have credit card information on file for specific individuals, but we will not share the actual credit card information with other third parties without the applicable individual's prior informed consent.
We reserve the right to transfer and/or sell aggregate or group data about our users for lawful purposes. Aggregate or group data is data that describes the demographics, usage and/or other characteristics of our users as a group without disclosing personally identifiable information. By submitting your personal information to, and/or using, the Website, you agree to allow us to transfer and/or sell such aggregate data to third parties.
We do not endorse, nor are we responsible for the accuracy of, the privacy policies and/or terms and conditions of the third party advertisers featured on the Website. The entities that advertise and/or place banner ads on the Website are independent third parties and are not affiliated with the Company.
We do not knowingly solicit or collect information from visitors under 18 years of age. If you are under 18 years of age, you are not permitted to use, and/or submit your personal information at, the Website. If we obtain actual knowledge that we have collected personal information from a minor, the information will be immediately deleted from our database. We encourage parents and guardians to spend time online with their children and to participate and monitor the interactive activities of their children.
We store your personal information in a technically secure environment. To prevent unauthorized access, maintain data accuracy and ensure the correct use of such information, we employ appropriate industry standard procedures to safeguard the confidentiality of your personal information, such as firewall, encryption, token authentication, application proxies, SSL encryption (for credit card specific information), monitoring technology and adaptive analysis of network traffic. However, no data transmitted over the Internet can be 100% secure. Accordingly, while we endeavor to protect the security of your personal information, we cannot guarantee the security of any personal information that you transmit to us over the Internet and, as such, you assume the risk of transmitting such information to us. In compliance with applicable federal and state laws, we shall notify you and any applicable regulatory agencies in the event that we learn of an information security breach with respect to your personal information. You will be notified via e-mail in the event of such a breach. Please be advised that notice may be delayed in order to address the needs of law enforcement, determine the scope of network damage and to engage in remedial measures.
DietBootCamp.comTM Affiliates (Privacy Practices for Affiliates, Only)
Third party website owners who register as our webmaster affiliates ("Affiliates") must supply additional personal information to us in order to qualify for our Affiliate Program ("Affiliate Program"). Affiliates will earn sales commissions on purchases made by users that they refer to the Website. In particular, and without limitation, in order to apply to become an Affiliate, you must provide your website address and your U.S. taxpayer identification number or that of your company (Social Security Number or employer identification number, respectively). We use this personal information to facilitate your participation in the Affiliate Program and we will make disclosures to third parties, such as the U.S. Internal Revenue Service ("IRS"), whenever necessary. We cannot make any payments that would cause your Affiliate commissions to exceed $600 US during a calendar year, until you also submit to us an original signed copy of an IRS form W-9. We are required to collect this information from our Affiliates in order to report their earnings to the IRS (and to the taxing authorities of any nation, state or political subdivision whose laws or regulations we are obligated to respect) and to issue an IRS form 1099 to both Affiliates and the IRS. If you are neither a citizen, nor a resident of the United States, you do not need to provide a U.S. taxpayer identification number, but in such a case, we are required to withhold a portion of your Affiliate commissions and we will remit them to the IRS directly. You must apply to the IRS for a refund of this money if you do not owe any U.S. income taxes. You should not be asked for (and you should never provide) your taxpayer identification number to us, unless you are applying as an Affiliate to earn sales commissions.