Privacy Policy
Effective Date: August 1, 2011
Your privacy is important to BrioBody.com ("BrioBody.com", "we" or "us").
This Privacy and Information Security Policy ("the Policy") discusses the
personally identifiable information that we collect about you when you use our
website http://www.BrioBody.com (the "Site") and
the other services we provide on or through the Site (together with the Site,
the "Service"). This Policy is part of and incorporated into the BrioBody.com
Terms of Use (collectively, the "Terms").
Policy highlights:
We will not collect personally identifiable information about you,
including medical information, through the Service unless you disclose or
authorize the disclosure of such information to us;
We will not knowingly disclose personally identifiable information about
you that we collect through the Service to third parties without your consent,
except under the limited circumstances described in this Policy; and
We will take reasonable steps to protect the security of the personally
identifiable information we collect from you through the Service.
These Policy highlights are qualified by full reference to the terms
described below.
BY PROVIDING PERSONALLY IDENTIFIABLE INFORMATION, MEDICAL
INFORMATION, OR OTHER INFORMATION TO US OR BY USING OUR SERVICE, YOU AGREE TO
THIS POLICY AND THE PRACTICES DESCRIBED IN THE POLICY.
1. INFORMATION YOU GIVE US.
a. Personally Identifiable
Information.
This
Policy discusses the Personally Identifiable Information that we collect about
you when you use the Service. "Personally Identifiable Information" is
information that permits the identification of an individual such as a first and
last name; a home or other physical address, including street name and name of
city or town; an email address; a telephone number; or a social security number.
If information about an individual, including personal health and medical
information, is combined with any Personally Identifiable Information, then such
additional information is also considered to be Personally Identifiable
Information.
b. The Types of Information
BrioBody.com Collects.
We
collect any information you enter on the Service or give us in any other way
(such as through an email, survey, or letter). The information that we collect
varies depending upon how you use our Service. Our account registration process
requires that you provide us with your user name, birthday and email address,
and that you create and provide us with a password. We may also request other
information such as your actual first and last name, gender, and zip code. In
addition, you will have the opportunity to submit information about your
personal medical and health condition to us through, for example, the ovulation
calculator, symptom checker, BMI calculator, weight tracking and other tools
available on the Site. That information may be associated with your profile and
therefore become Personally Identifiable Information. You may access and update
certain of your personal information or account settings by going to your
profile tab on the Site.
c. Information in Public
Areas of the Site.
Please keep
in mind that whenever you voluntarily provide information in public areas of the
Service, such as the user profile pages, question and answer forums, blogs, or
user forums, that information can be viewed and possibly used by others. We
therefore advise visitors not to disclose personal health information, contact
information, including phone number, email address, street address or instant
messenger address (within these public areas) that they do not wish to share. We
are not responsible for Personally Identifiable Information you choose to submit
in these public areas and such information may be freely distributed outside of
the Service. Also, we may highlight content you post to the public areas of the
Service such as reviews or comments, such as by featuring your Content on the
Site's home page. Information that you post to the public areas of the Site is
not considered to be private information.
d. Minors.
We do not knowingly collect or solicit
personal information from anyone under the age of 13 or knowingly allow such
persons to register. If you are under 13, do not attempt to register for our
Site or send any information about yourself to us. We recommend that prospective
users between the ages of 13 and 17 ask their parents or other legal guardians
for permission before sending any information about themselves to anyone over
the Internet.
2. AUTOMATIC INFORMATION COLLECTION.
a. Cookies.
Like many websites, we use "cookies."
Cookies are alphanumeric identifiers that we transfer to your computer's hard
drive through your Web browser to enable our systems to recognize your browser.
We use persistent, identifying cookies to remember your information and to link
your activities to you. While you can take steps to warn off, block or disable
cookies, if you do, the Service may not function and appear as we have designed
it. Nonetheless, if you want to take these steps, you can do so by following the
instructions associated with your browser. Our cookies do not collect Personally
Identifiable Information that you provide to us during the registration process,
but they do collect other information such as the following:
i. the domain name and host from which you access the Internet and the
Internet address of the site from which you direct-linked to ours;
ii. the date and time you access the Site and pages you visit;
iii. your computer's IP address and information about its operating
system, platform and the Web browser type and version you use;
iv. demographic and other non-personally identifiable profile information
about you; and
v. information to combat fraud or misuse.
b. Pixel Tags.
In our email to you, we use "pixel
tags" to determine if your email software or service can display html-formatted
email (this helps us optimize the size of our email messages and conserve
bandwidth).
c. Collection of Information by Third Parties.
Our Site may include third-party
advertising, links to other websites, and other content from third party
businesses. The content posted by these parties will be reasonably identifiable
as coming from a third party. We do not provide any Personally Identifiable
Information to these advertisers, third-party websites, or other businesses,
although on occasion we may mutually share non-personally identifiable (e.g.,
demographic) information to facilitate delivery of relevant advertisements.
These third-party websites, businesses, and advertisers, or advertising
companies working on their behalf, sometimes use technology to deliver (or
"serve") the advertisements that appear on our Site directly to your browser.
They automatically receive your IP address when this happens. They may also use
cookies, JavaScript, web beacons (also known as action tags or single-pixel
gifs), and other technologies to measure the effectiveness of their ads and to
personalize or optimize advertising content. We do not have access to or control
over cookies or other technologies that they may use, and the information
practices of these advertisers and third-party websites or businesses are not
covered by this Policy but are covered by their respective privacy policies.
Some, but not all, third party advertising companies provide a mechanism to
opt-out of their technology. For more information and an identification of
advertisers that provide an opt-out mechanism, please click the following: http://www.networkadvertising.org/managing/opt_out.asp.
We will not provide your private medical information to advertisers, even on an
anonymous basis. However, advertisers will be able to track which areas of the
Service you visit, make conclusions about your medical condition, and serve
advertisements to you that they think will be personally relevant.
d. Promotions, Sweepstakes,
and Contests.
From time to time,
we may host a promotion, sweepstake, or contest on the Service. You may be asked
to provide personal information or permit the transfer to a third party of your
personal information in connection with such promotion, sweepstake or contest.
It will be disclosed at the point of collection or transfer who is collecting or
transferring the information and whose privacy statement applies, and it will be
your choice whether or not you wish to permit such transfer or collection of
personal information to a third party.
3. BrioBody.com USE AND RETENTION OF YOUR INFORMATION.
a. Use of Personally
Identifiable Information.
We use
your Personally Identifiable Information for purposes such as responding to your
requests, monitoring and providing the Service, maintaining your BrioBody.com
account, providing you with content that we believe would be of interest to you,
enforcing our rights and the rights of third parties, and investigating and
ensuring compliance with the Terms.
We also may use your Personally Identifiable Information to contact you
regarding your account, such as to inform you that you have received an email
from another BrioBody.com member, or to forward user comments to you about the
content that you have posted. We may also email BrioBody.com newsletters, and
similar communications about the Service.
b. Opting-Out.
You may modify the types of
communications you wish to receive by changing your preferences as part of your
profile on the Site. In addition, in our marketing or promotional e-mails to
you, we will generally include instructions on how to unsubscribe and/or inform
us of your preferences if you do not want to receive any marketing or
promotional e-mails from us. You agree that we may send you customary business
communications such as acceptance/rejection notices regarding content
submissions, general system and administrative messages regarding the Service,
address confirmations, and transactional information about your account, and you
may not have the opportunity to opt-out of receiving such communications so long
as you are registered with the Site.
c. Use of Other
Information.
We use
non-Personally Identifiable Information about our users for purposes such as
measuring the number of visitors to sections of our Site, making the Service
more useful to visitors and delivering targeted advertising and non-advertising
content. We use IP addresses to analyze trends, administer the Site, track a
user's movement, and gather demographic information for aggregate,
non-personally identifiable use.
d. Retention of
Information.
We retain
information for as long as required, allowed or we believe it useful, but do not
undertake retention obligations. We may dispose of information in our discretion
without notice, subject to applicable law that specifically requires the
handling or retention of information. You must keep your own, separate back-up
records. You may permanently delete and purge your health-related Personally
Identifiable Information from the Service; backup copies may exist for a short
time in our databases.
4. BrioBody.com's SHARING OF INFORMATION. BrioBody.com shares
information with third parties, but only as described in this Section 4 or if
authorized by you.
a. Advertisers and Others.
We
share non-personally identifiable information with advertisers, service
providers, and other persons with whom we conduct business. Similarly, these
advertisers, service providers, and other persons may share with us
non-Personally Identifiable Information about you that they have independently
gathered or acquired.
b. Third Party Services.
We
contract with affiliated and non-affiliated third parties to provide services to
us or to you on our behalf. Examples include providing marketing assistance and
customer service, sending BrioBody.com emails to you, removing repetitive
information from customer lists, and analyzing data. These third parties may
have access to your Personally Identifiable Information for use solely in
connection with these authorized business activities. We contractually require
that our operations and maintenance contractors protect the privacy of your
Personally Identifiable Information no less than as required under this Policy.
c. Business Transfer.
As
we develop our business, we might sell or buy businesses or their assets, or
engage in acquisitions, mergers, restructurings, changes of control, or similar
transactions. In such transactions, customer information generally is one of the
transferred business assets, and your Personally Identifiable Information may be
subject to such a transfer. Also, in the unlikely event of a bankruptcy,
customer information may be transferred to a bankruptcy trustee or debtor in
possession and then to a subsequent purchaser.
d. Affiliates.
We may
share Personally Identifiable Information (excluding personal health
information), non-Personally Identifiable Information and other information with
our corporate affiliates. Corporate affiliates are those entities that we
control, are controlled by us, or are under common control with us and any joint
venture in which any of the controlled entities may participate from time to
time. Any use of your information by our corporate affiliates is subject to this
Policy or another policy no less protective of your privacy. Conversely, we may
obtain information about you from our corporate affiliates or from your visits
to other websites that we or our corporate affiliates control.
e. Compliance and Safety.
We
may release user information when we believe release is appropriate to:
i. comply with applicable law, and to respond to legal process, including
subpoenas, search warrants and court orders, and to respond to or otherwise
address written complaints of copyright infringement;
ii. make disclosures under programs intended to prevent potential crimes
or investigate persons;
iii. enforce or apply agreements, including the Terms; or
iv. protect the rights, property, or safety of BrioBody.com, our users, or
others, including exchanging information with other companies for fraud
protection and credit risk reduction.
5. INFORMATION SECURITY
a. Your Obligations.
You
must protect against unauthorized access to your password and to your computer.
Please sign off when finished using a shared computer. Your emails to us are not
necessarily secure against interception so do not include sensitive information
in them. We generally will not ask for passwords in an email and you should
assume that if you get such a request, it might be fraudulent. YOU MUST DO WHAT
YOU REASONABLY CAN TO ENSURE THE SECURITY OF YOUR PERSONAL INFORMATION.
b. Our Security Measures.
We
take reasonable precautions to protect the security of our users' information.
We have physical, electronic, and managerial procedures to help safeguard,
prevent unauthorized access to, maintain data security for, and correctly use
your information. These procedures include the use in appropriate circumstances
of secure socket layer (SSL) encryption technology and computer server
firewalls. However, neither people nor security systems are foolproof, including
encryption systems. Therefore, while we use reasonable efforts to protect your
Personally Identifiable Information, we cannot guarantee its absolute security.
6. LINKS.
The Service contains links to other sites. We are not responsible for the
privacy practices of such other sites. We encourage you to be aware when you
leave our Site and to read the privacy statements of every web site that
collects your personally identifiable information. This Policy applies only to
information collected by the Service.
7. CONDITIONS OF USE, NOTICES, AND REVISIONS.
a. Privacy Concerns.
Your use of the Service and any
dispute over privacy is subject to the Terms. If you have any concern about
privacy at BrioBody.com, please send us a thorough description through our
"Contact Us" web page located at www.BrioBody.com/contactus.aspx,
and we will try to resolve it. If you think we are in default of the Terms, you
may contact us at Our Legal Notices Address in Section 8 below.
b. Notice Required by Law.
In those jurisdictions that permit
email notice, if we are required to disclose or provide notice of invasion of
certain security systems, we will do so by email to the most current email
address provided by you to us. It is critical that you keep your email contact
information correct and updated with BrioBody.com at all times.
c. Identity Theft.
If you believe that you are a victim
of identity theft entitled by law to request information from us, write us at
our Legal Notice address (see the next section of this Policy) and we will let
you know what additional information you must provide to us. After we have
received that information, we will supply without charge the information legally
required to be disclosed that we then have, subject to applicable law and
reserving all of our rights and defenses.
d. Revisions.
We reserve the right to change our
Policy at any time due to changes in the law, the Service, technology and
industry practices. Non-material changes and clarifications will take effect
immediately. If we make non-material changes, we will indicate at the top of
this page the revised Policy's new effective date. If we make material changes,
we will notify you at the address you provided to us or to your BrioBody.com
email account and through notice on the home page of the Site, and will also
indicate the date the changes were made to this Policy at the top of this page.
The material changes will take effect 30 days after such notice. We encourage
you to refer to this Policy at least every 30 days to check for material changes
to this Policy. It is critical that you keep your email address information
correct at all times.
8. CONTACT INFORMATION AND INFORMATION ABOUT ENFORCEMENT OF OUR
POLICY.
For customer service matters (including questions relating to this
Policy), you may reach us through our "Contact Us" web page located atwww.BrioBody.com/contactus.aspx.
To send us a legal notice, mail it by certified mail (return receipt requested)
to: BrioBody.com Legal Department, 366 Main St., 2nd Floor Office,
Blandon, PA 19510. When we need to contact you, including when we give a legal
notice, we may do so to an email address that we have on file for you or to your
BrioBody.com email account, or we may post notice on the Site. You must keep
your email address information accurate.
BrioBody is a registered
trademark of BrioBody, LLC in the United States. Copyright © 2011. BrioBody,
LLC.