1. Please read carefully
This Online Privacy Policy describes the information that Activtrim ("we" or "Company") collects about you through our website(s), mobile application, and any other services we provide (collectively, the "Services"), how we use and share that information, and the privacy choices we offer. This policy applies to information we collect when you access or use our website(s) and mobile application (collectively, the "Platform"), when you use our Services or when you otherwise interact with us.
2. Changes to this Online Privacy Policy
We may change this Online Privacy Policy from time to time. If we make changes, we will notify you by posting the updated policy on our Platform and revising the "Last Updated" date above. We encourage you to review the Online Privacy Policy whenever you use our Services to stay informed about our information practices and about ways you can help protect your privacy.
3. Confidentiality of Health Information
Company understands that health information about you and your health is personal. We support your privacy and ensure that the transmittal and use of your information complies with all laws, except to the extent that you have authorized Company to transmit information to you by other means. In this regard, where applicable, we comply with the Health Insurance Portability and Accountability Act of 1996 ("HIPAA") and the Health Information Technology for Economic and Clinical Health Act ("HITECH Act"), and other relevant state laws and regulations by entering into Business Associate Agreements with the treatment providers for which we provide services to ensure that your health information is appropriately safeguarded.
Set forth below is Company's Notice of Privacy Practices.
4. Collection of Information
4.1. Information You Provide
We collect information you provide, such as when you email us, sign up through our Platform, or submit information through our Platform. We may collect, but are not limited to collecting, the following information: your name, gender, email address, mailing address, phone number, date of birth, payment and bank information provided.
4.2. Children
Company does not knowingly collect or maintain personally identifiable information from persons under 18 years of age without verifiable parental consent. If you are under 18 years of age, then please do not use the Services without parental consent. If Company learns that personally identifiable information of persons less than 18 years of age has been collected without verifiable parental consent, then Company will take the appropriate steps to delete this information. To make such a request, please contact us at support@activtrim.com.
4.3. Information We Collect from Your Use of the Services
We collect information about you when you use our Platform, including, but not limited to the following:
- Account Information. When you register with us using the Platform to create an account and become a registered user, you will need to provide us with certain personally identifiable information to complete the registration, including information that can be used to contact or identify you and payment or other billing information in some cases.
- Device Information. We may automatically collect certain information about the computer or devices (including mobile devices) you use to access the Services — including IP addresses, geolocation information, unique device identifiers, browser types, operating system, and information related to the ways in which you interact with the Services. We may use third-party analytics providers and technologies, including cookies and similar tools, to assist in collecting this information.
- Location Information. We may collect different types of information about your location, including general information (e.g., IP address, zip code) and more specific information (e.g., GPS-based functionality on mobile devices), and may use that information to customize the Services with location-based information, advertising, and features. If you access the Services through a mobile device and do not want your device to provide us with location-tracking information, you can disable the GPS or other location-tracking functions on your device.
- Cookies and Other Electronic Technologies. "Cookies" are small computer files transferred to your computing device that contain information such as user ID, user preferences, lists of pages visited and activities conducted while using the Services. We use Cookies to help improve or tailor the Services, store your authentication status, customize your experience, and for analytics and fraud prevention. We may also use a type of advertising commonly known as interest-based or online behavioral advertising, where business partners use Cookies to display Company ads on other websites based on your use of the Services and inferred interests. For more information on cookies, visit allaboutcookies.org.
- Web Beacons. "Web Beacons" (a.k.a. clear GIFs or pixel tags) are tiny graphic image files embedded in a web page or email that may be used to collect anonymous information about your use of our Services, the websites of selected advertisers, and the emails, special promotions or newsletters we send you.
- Platform Analytics. We may use third-party analytics services in connection with the Platform, including to register mouse clicks, mouse movements, scrolling activity and text that you type into the Platform, to help make the Platform easier to use.
- Mobile Device Identifiers. Mobile device identifiers are data stored on your mobile device that may track mobile device and data and activities occurring on and through it, as well as the applications installed on it.
4.4. Information from Third Parties
We may obtain additional information about you from third parties such as marketers, partners, researchers, and others. We may combine information that we collect from you with information about you that we obtain from such third parties and information derived from any other subscription, product, or service we provide.
4.5. Aggregate or De-identified Data
We may aggregate and/or de-identify information collected by the Services or via other means so that the information is not intended to identify you. Our use and disclosure of aggregated and/or de-identified information is not subject to any restrictions under this Online Privacy Policy, and we may disclose it to others without limitation for any purpose, in accordance with applicable laws and regulations.
5. Use of Information
We use the information that we collect for the following purposes:
- For the purposes for which you provided the information.
- To contact you when necessary or requested.
- To personalize your experience with the Services by informing you of products, programs, events, services, and promotions of Company, our affiliates, our partners and/or third parties that we believe may be of interest to you (see the "Opt-In Policy" below).
- To fulfill your purchase from us, including to process your payments, communicate with you regarding your purchase or provide you with related customer service.
- To send mobile notifications (you may opt out of this service).
- To provide, maintain, administer, improve, or expand the Services, perform business analyses, or for other internal purposes to support, improve or enhance our business, the Services, and other products and services we offer.
- To customize and tailor your experience of the Services.
- To send emails and other communications that display content we think will interest you and according to your preferences.
- To send you news and information about our Services.
- To track and analyze trends and usage in connection with our Services.
- To better understand who uses the Services and how we can deliver a better user experience.
- To combine information received from third parties with information we have from or about you for any of the purposes described in this Policy.
- To use statistical information that we collect in any way permitted by law, including from third parties in connection with their commercial and marketing efforts.
- To prevent, detect, and investigate security breaches, fraud, and other potentially illegal or prohibited activities.
- To enforce the legal terms that govern your use of the Services.
- To protect our rights or property.
- To administer and troubleshoot the Services.
- For any other purpose disclosed to you in connection with our Services.
We may use third-party service providers to process and store personal information in the United States and other countries.
6. Sharing of Information
We may share personal information about you as follows:
- With third parties to provide, maintain, and improve our Services, including service providers who access information about you to perform services on our behalf.
- With our affiliates and partners so that they may use such information for the purposes described in this Online Privacy Policy.
- With our affiliates, partners or other third parties to allow them to contact you regarding products, programs, services, and promotions that we and/or they believe may be of interest to you (see the "Opt-In Policy" below).
- In connection with, or during the negotiation of, any merger, sale of Company stock or assets, financing, acquisition, divestiture or dissolution of all or a portion of our business (but only under non-disclosure and confidentiality agreements and protections).
- If we believe that disclosure is reasonably necessary to comply with any applicable law, regulation, legal process or governmental request; to enforce applicable user agreements or policies; to protect the security or integrity of our Services; and to protect us, our users or the public from harm or illegal activities.
- With your consent.
We may also share aggregated, non-personally identifiable information with third parties.
7. Opt-In Policy
When you supply us with personally identifiable information in connection with your use of the Services, you may be asked to indicate whether you are interested in receiving information from us about our product and service offerings and if you would like us to share personally identifiable information about you with our affiliates, partners or other third parties for their marketing purposes. If you do choose to opt in, you will receive such communications and/or we will share your information in accordance with your "opt-in" consent.
You may, of course, choose not to receive additional marketing information from us or choose not to allow our sharing of your personally identifiable information: at any time, you can follow a link provided in our marketing-related email messages (excluding e-commerce confirmations and other administrative emails) to opt out from receiving such communications; or at any time, you can contact us in accordance with the "Contact Us" section below.
If you decide to contact us to change your contact preferences, please specify clearly which of the following choices you are opting out of: (a) receiving marketing communications from us; (b) allowing us to share personally identifiable information about you with our affiliates and partners for their marketing purposes; and/or (c) allowing us to share personally identifiable information about you with other third parties for their marketing purposes.
We will endeavor to implement your requested change as soon as reasonably practicable after receiving your request. If you choose not to allow our sharing of your personally identifiable information, we are not responsible for removing your personally identifiable information from the databases of third parties with which we have already shared it as of the date that we implement your request.
Please note that if you opt out of receiving marketing-related messages from us, we may still send you important administrative messages. You cannot opt out from receiving these administrative messages. We reserve the right to contact former customers or users of the Services for administrative purposes or in order to comply with applicable laws, rules or regulations.
8. Social Media and Third Party Platforms
Certain sections or functionalities on our Services may permit you to share information on third party social media sites or platforms such as Facebook, Instagram, LinkedIn, Twitter, or other similar sites (collectively, "Social Media Sites"). Company does not own or control such Social Media Sites, and posting your information on Social Media Sites is subject to the third party's Online Privacy Policy and other legal terms, which may not provide privacy protections with which you agree. Company is not responsible for any act or omission of any Social Media Platform, nor are we responsible for the consequences of your choosing to share your information on Social Media Sites.
9. Security
We take reasonable measures, including administrative, technical, and physical safeguards, to help protect personal information from loss, theft, misuse, unauthorized access, disclosure, alteration, and destruction. Unfortunately, no data transmission over the Internet can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, Company cannot ensure or warrant the security of any information you transmit to us or from our online products or services, and you do so at your own risk.
10. Your Privacy Choices
10.1. How You Can Access and Update Your Information
You may update or correct information about yourself at any time by emailing us at support@activtrim.com.
10.2. Cookies
Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject cookies; however, our Services may not function properly if you do so.
10.3. Options for Opting out of Cookies and Mobile Device Identifiers
If you are interested in more information about interest-based advertising and how you can generally control cookies from being put on your computer to deliver tailored advertising, you may visit the Network Advertising Initiative's Consumer Opt-Out link, the Digital Advertising Alliance's Consumer Opt-Out link, or TRUSTe's Advertising Choices Page to opt out of receiving tailored advertising from companies that participate in those programs.
Please note that even after opting out of interest-based advertising, you may still see Company's advertisements that are not interest-based (i.e., not targeted toward you). Opting out does not mean that Company is no longer using its tracking tools — Company still may collect information about your use of the Services even after you have opted out.
10.4. How Company Responds to Browser "Do Not Track" Signals
We are committed to providing you with meaningful choices about the information collected on our Platform for third-party purposes. However, we do not recognize or respond to browser-initiated Do Not Track signals, as the Internet industry is currently still working on Do Not Track standards, implementations and solutions.
10.5. Links to Other Websites
Our Services may contain links to other websites and those websites may not follow the same privacy practices as Company. We are not responsible for the privacy practices of third party websites. We encourage you to read the privacy policies of such third parties to learn more about their privacy practices.
10.6. No Rights of Third Parties
This Online Privacy Policy does not create rights enforceable by third parties.
10.7. How to Contact Us
Please contact us with any questions or concerns regarding this Online Privacy Policy at support@activtrim.com.
11. Notice of Privacy Practices
Company is dedicated to maintaining the privacy of your protected health information ("PHI"). PHI is information about you that may be used to identify you (such as your name, social security number or address), and that relates to (a) your past, present or future physical or mental health or condition, (b) the provision of healthcare to you, or (c) your past, present, or future payment for the provision of healthcare. In conducting its business, Company may receive and create records containing your PHI.
This Notice is in effect from the date noted above until Company replaces it. Company reserves the right to change the terms of this Notice at any time, as long as the changes are in compliance with applicable law. If Company changes the terms of this Notice, the new terms will apply to all PHI that it maintains, including PHI that was created or received before such changes were made. If Company changes this Notice, it will post the new Notice on its Platform and will make the new Notice available upon request.
12. Uses and Disclosures of PHI
Company may use and disclose your PHI in the following ways:
- Treatment, Payment and Healthcare Operations. Company is permitted to use and disclose your PHI for purposes of treatment (e.g., disclosing PHI to a physician in connection with your care), payment (e.g., disclosing PHI to your health insurer in connection with claims), and healthcare operations (e.g., customer service and quality review). Company may engage third parties to provide services and will require any such third party with access to your PHI to enter an agreement binding them to the use and disclosure restrictions in this Notice.
- Authorization. Company is permitted to use and disclose your PHI upon your written authorization, consistent with that authorization. You may revoke any such authorization at any time.
- As Required by Law. Company may use and disclose your PHI to the extent required by law.
- Special Circumstances in which Company may use or disclose your PHI include: public health activities (including reporting to the FDA regarding the quality, safety and effectiveness of a regulated product); workers' compensation programs; health oversight activities; judicial and administrative proceedings; law enforcement; matters relating to decedents; organ procurement; research; threats to health or safety; and specialized government functions including military and national security purposes.
13. Your Rights Regarding Your PHI
You have the following rights regarding the PHI maintained by Company:
- Confidential Communication. You have the right to receive confidential communications of your PHI, including through alternate means or at an alternate location. Submit requests in writing to Company.
- Restrictions. You have the right to request restrictions on certain uses and disclosures of PHI for treatment, payment or healthcare operations, and to request that disclosures be limited to certain individuals involved in your care. Company is not required to comply, but will be bound by any restriction it agrees to.
- Inspection and Copies. You have the right to inspect and copy your PHI. Company may impose a fee for copying, mailing, labor and supplies, and may deny your request in certain limited circumstances, with an explanation and right of review.
- Amendment. You have the right to request that Company amend your PHI if you believe it is incorrect or incomplete. Company may deny the request in certain circumstances, in which case you may submit a statement of disagreement for inclusion in your records.
- Accounting of Disclosures. You have the right to receive an accounting of disclosures Company has made of your PHI (with certain exceptions, such as disclosures for treatment, payment or operations). Your first accounting in a 12-month period is free; Company may charge for additional requests, with advance notice of costs.
- Breach Notification. You have the right to be notified in the event Company (or a Business Associate) discovers a breach of unsecured PHI.
- Paper Copy. You have the right to obtain a paper copy of this Notice at any time by calling +1-888-830-2953.
- Complaint. You may complain to Company and to the Secretary of the Department of Health and Human Services if you believe your privacy rights have been violated, by submitting a written statement to support@activtrim.com. Company will not retaliate against you for filing a complaint.
- Further Information. For more information about your privacy rights, call +1-888-830-2953 and ask to speak to the Privacy and Security Officer.
When you visit or log in to our website, cookies and similar technologies may be used by our online data partners or vendors to associate these activities with other personal information they or others have about you, including by association with your email. We (or service providers on our behalf) may then send communications and marketing to that email. You may opt out of receiving this advertising by visiting app.retention.com/optout.
California Consumer Privacy Act (CCPA) — Overview
Who must comply?
Businesses that collect personal information from California residents and meet any of the following: annual gross revenue over $25 million; buy, sell, or share the personal information of 100,000 or more consumers, households, or devices; or derive 50% or more of annual revenue from selling or sharing personal information.
Key consumer rights under the CCPA
- Right to Know — request what personal data is collected, used, shared, or sold.
- Right to Delete — request deletion of personal information, with some exceptions.
- Right to Opt-Out — opt out of the sale or sharing of personal information.
- Right to Non-Discrimination — businesses can't discriminate against a consumer for exercising CCPA rights.
- Right to Correct (added by CPRA) — request correction of inaccurate personal information.
- Right to Limit Use of Sensitive Personal Information (added by CPRA) — limit how sensitive personal data, like SSNs or health info, is used.
Business obligations
- Privacy policy must include CCPA rights and instructions for consumers to exercise them.
- A "Do Not Sell or Share My Personal Information" link is required on websites that sell or share personal data.
- Businesses must verify requests before responding to data access or deletion requests.
- Businesses must keep records of CCPA-related consumer requests.
Enforcement and penalties
Enforced by the California Privacy Protection Agency (CPPA) and the California Attorney General. Fines up to $2,500 per violation, or up to $7,500 per intentional violation or violation involving children under 16. Consumers have a private right of action and can sue if certain types of personal information are exposed due to a business's failure to maintain reasonable security.