Last modified as of August 19, 2013
B2C Media Solutions Ltd. trading as Trim Down Club and its affiliates (individually and collectively, “B2C”) operate the website located at http://www.TrimDownClub.com and/or at other websites on the Internet, now or that may be located on the Internet hereafter (individually and collectively the “Website”), on which B2C offers a subscription to its Program and Products (as such terms are defined in B2C’s Terms & Conditions).
As a routine part of transacting business on the Website, B2C may receive personally identifiable information from you such as, without any limitation, your name, address, email address, telephone number, email address, birth date, sex, weight and height, as well as information secured by B2C’s service providers such as your credit card number, telephone number and address (individually and collectively the “Personal Information”).
In an effort to secure your trust and confidence, B2C has taken various measures to protect your privacy as it relates to your transactions conducted on the Website, or through any of B2C’s active service providers (individually and collectlvely the “Affiliate(s)”), including without limitation Clickbank.com (“Clickbank”) and LivePerson.com.
Clickbank is a third party online retailer specializing in digitally delivered products and accepts all online product orders for B2C as more specifically described below (see: Third Party Financial Institutions & Affiliates).
LivePerson.com is a third party online interaction management company, whom B2C uses to provide you with the “Dietitian Online” service.
Third Party Financial Institutions and Affiliates
When you purchase Products available on the Website, you must submit payment information directly to Clickbank, including your credit card or debit card number, as well as your zip code. Such information shall be recorded and filed by Clickbank to fulfill your orders. In addition, when you return previously purchased Products or request a refund or exchange, you may be asked to give , including without limitation your name and address. Clickbank collects the Personal Information to prevent fraud and identity theft, and may occasionally share this Personal Information with B2C and its Affiliates. If a Registered User contacts any employee or affiliated person, a record of that correspondence may be kept.
Passive Collection of Personal Information
B2C reserves the right to passively collect information related to usage of the Website such as time spent on the Website, areas visited, and sites linked to and from the Website. The Website may collect additional information and may install cookies on the hard drives of the Registered Users and others who visit the Website.
Security of Personal Information:
B2C maintains administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information in its custody and control. B2C is committed to employing reasonable technology in order to protect the security of the Website and its offline files. However, even with the best technology, no site is 100% secure. B2C will take reasonable measures which B2C believes are appropriate to protect your Personal Information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom B2C may transfer such Personal Information take comparable steps to protect that security.
INFORMATION COLLECTED ON THE WEBSITE OR THROUGH YOUR SUBSCRIPTION TO THE PROGRAM OR THROUGH YOUR PURCHASE OF THE PRODUCTS
When you become a Registered User of the Website, subscribe to the Program or purchase one of the Products, B2C 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 health information (such as current weight) (“Non-Personal Information“). Non-Personal Information may also include user’s IP addresses, browser types, domain names, and other anonymous statistical data involving the use of the Website. Non-Personal Information is used to help B2C understands who uses the Website and to improve and market the Website in general and the Program and Products in particular.
Information from Other Sources.
B2C may also supplement the information it collects with information from other sources to assist B2C in evaluating and improving the Website, the Program and the Products, to determine your preferences so that B2C can tailor the Website, the Program and the Products to your needs, and/or to study nutritional, weight-loss, behavioral and fitness questions in general.
Usage and Disclosure of Personal Information
B2C may use your Personal Information, and/or transfer your Personal Information for any legal purpose including without limitation: (1) to deliver the Program and/or the Products to you that you have requested; (2) to validate your compliance with the Terms & Conditions; (3) for content improvement and feedback purposes; (4) to reach you, when necessary, regarding your use of the Website, the Program or the Products; and (5) to bring retail opportunities and promotional offers to you by email, direct mail, telemarketing, and/or online banner advertising.
When your information is provided to third parties, these third parties may include providers of direct marketing services and applications. B2C or these third parties may supplement the information B2C collects online with outside records to enhance its ability to serve you, to tailor the Website, the Program and the Products to you, and/or to offer you targeted advertising and other opportunities to purchase products and services that B2C believes may be of interest to you.
B2C will NEVER share your credit card information with third parties unless you have given B2C explicit permission to do so, such as in order to fulfill a third party offer that you have accepted from B2C. By permitting B2C to collect this information, you will be able to receive free information on products and services that may be of interest to you. You also enable B2C to personalize your experience with B2C so that B2C can provide you with the highest quality of service. By submitting your email address on the Website, you agree to receive email from B2C and/or directly from B2C’s third party advertisers. B2C, and its third party advertisers, may maintain separate email lists for different purposes. You may cancel your participation in any of these email lists at any time by clicking the opt out link or other unsubscribe option that is included in the email. B2C only sends emails to people who have voluntarily provided B2C with such contact information, either directly, or through a third party. B2C does not send unsolicited commercial emails.
In addition, you agree that by submitting your email address or phone number on the Website and/or registering as a Registered User and/or subscribing to the Program and/or to purchase the Products, such act constitutes a purchase, an inquiry, and/or an application for the purposes of the Amended Telemarketing Sales Rule (ATSR), 16 CFR §310 et seq. and any applicable state and local “do not call” regulations. B2C and the third party advertisers retain the right to contact you via telemarketing in accordance with the ATSR and the applicable state regulations.
Public Forums and the Public Profile Feature.
Third Party Actions
B2C does not control and is not liable for the actions of its third party marketers or advertisers. B2C prides itself in working with quality companies, but have no control over the actions of those third parties. While B2C is not liable for any of the actions of those third parties, you should feel free to give B2C feedback from time to time on your experiences with any third parties to whom B2C works with so that it may enhance its offerings.
Other Uses of Personal Information
B2C also uses Personal Information, including information provided to B2C from its service providers, to continually assess and improve the Products it offers. To serve you better, B2C may combine the Personal Information that you give B2C with publicly available information and information B2C receives from or cross-reference with its marketing partners and others. B2C uses that combined information to enhance and personalize your experience with B2C, to communicate with you about the Products that may be of interest to you, and for other promotional purposes.
Promotional Information and Marketing Materials
B2C would like to inform you of Products, sales and special offers that might benefit you.
We greatly respect your time and attention by controlling the frequency of promotional information and marketing e-mails.
You will have the opportunity to sign up for e-mails about the Products, sales and special offers. If you would like to stop receiving such promotional information from B2C please click the link at the bottom of the email correspondence, which allows you to opt out of receiving further correspondence.
Disclosures of Personal Information in Legal Proceedings
If B2C, its service providers or Affiliate(s) are requested by law enforcement officials or judicial authorities to provide Personal Information, B2C or the applicable third party provider, may, without your consent, provide such Personal Information. In matters involving claims of personal or public safety, B2C, or the applicable third party provider, may provide your Personal Information to appropriate authorities without your consent or court process. B2C, or the applicable third party provider, also will provide your Personal Information in response to a search warrant or other legally valid inquiry or order, or to an investigative body in the case of a breach of an agreement or contravention of law, or in litigation involving B2C, the applicable third party provider, or otherwise as required by law. B2C may also disclose Personal Information to assist in debt collection where you owe a debt to B2C.
Access to Personal Information by Companies that Work with or on Behalf of B2C
Some of B2C operations, such as B2C’s electronic commerce, may be managed by service providers who are unaffiliated companies. These companies may share Personal Information with their affiliates and with service providers whom they engage to perform services related to the Website or the operation of the business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, website evaluation, data analysis and, where applicable, data cleansing. These companies may have access to your Personal Information on a confidential basis only to the extent necessary to perform their functions. In no event will B2C authorize these companies to use your Personal Information for any reason other than for B2C to be able to provide you with those specific services.
Privacy Preferences / Opt Out: The Website offers you the ability to opt out of receiving further email updates by clicking on a link on the email where you can change your preferences to receive or not receive marketing, newsletter, and informational materials. You may update these preferences at any time. You may also change your marketing preferences or remove yourself from B2C’s mailing list by clicking on an “unsubscribe” hyperlink contained at the bottom of the promotional emails sent to you.
Third Party Links
Your Warranties and Representations
You hereby warrant and represent that with respect to any Personal Information that you submit to the Website, you have the right and authority to submit such Personal Information for all purposes set forth herein.
Special Note Regarding Children