Last modified as of April 01, 2012
B2C Media Solutions Ltd. trading as Trim Down Club and its affiliates (individually and collectively, “we,” and/or “us”) operate our website located at http://www.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 we offer a subscription to our Program and Products (both as defined in our Terms & Conditions). As a routine part of transacting business on our Website, we may receive personally identifiable information from you such as, without limitation, your name, address, email address, telephone number, email address, birth date, information secured by our service providers such as your credit card number, telephone number and address (individually and collectively “Personal Information”). In an effort to secure your trust and confidence, we have taken various measures to protect your privacy as it relates to your transactions conducted on our Website, or through any of our active service providers (individually and collectlvely “Affiliate(s)”), such as 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 us as more specifically described below (see the section on Third Party Financial Institutions & Affiliates). LivePerson.com is a third party online interaction management company, whom we use to provide you with the “Dietitian Online” service.
Third Party Financial Institutions and Affiliates
When you purchase Products available on our 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 may 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 your name, address, and other Personal Information. Clickbank collects this Personal Information to prevent fraud and identity theft. If a Registered User contacts any employee or affiliated person, a record of that correspondence may be kept.
Passive Collection of Personal Information
Security of Personal Information:
We maintain administrative, technical and physical safeguards to protect against unauthorized access, use, modification and disclosure of Personal Information in our custody and control. We are committed to employing reasonable technology in order to protect the security of our Website and our offline files. However, even with the best technology, no site is 100% secure. We will take reasonable measures which we believe are appropriate to protect your Personal Information from loss, misuse, alteration or destruction, and, where possible, will ask that any third parties to whom we may transfer such Personal Information take comparable steps to protect that security.
INFORMATION COLLECTED ON OUR WEBSITE OR THROUGH YOUR SUBSCRIPTION TO OUR PROGRAM OR THROUGH YOUR PURCHASE OF OUR PRODUCTS
When you become a Registered User of our Website, subscribe to our Program or purchase one of our Products, 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 health information (such as current weight) (“Non-Personal Information”). Non-Personal Information may also include user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website. Non-Personal Information is used to help us understand who uses our Website and to improve and market our Website in general and our Program and Products in particular.
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 Website, our Program and our Products, to determine your preferences so that we can tailor our Website, our Program and our Products to your needs, and/or to study nutritional, weight-loss, behavioral and fitness questions in general.
Usage and Disclosure of Personal Information
We 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 our Website, our Program or our 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. We or these third parties may supplement the information we collect online with outside records to enhance our ability to serve you, to tailor our Website, our Program and our Products to you, and/or to offer you targeted advertising and other opportunities to purchase products and services that we believe may be of interest to you.
We will NEVER share your credit card information with third parties unless you have given us explicit permission to do so, such as in order to fulfill a third party offer that you have accepted from us. By permitting us 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 us to personalize your experience with us so that we can provide you with the highest quality of service. By submitting your email address on our Website, you agree to receive email from us and our third party advertisers. We, and our 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. We only send emails to people who have voluntarily provided us with such contact information, either directly, or through a third party. We do not send unsolicited commercial emails.
In addition, you agree that by submitting your email address or phone number on our Website and/or registering as a Registered User and/or subscribing to our Program and/or to purchase our 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. We and our 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
We do not control and are not liable for the actions of our third party marketers or advertisers. We pride ourselves in working with quality companies, but have no control over the actions of those third parties. While we are not liable for any of the actions of those third parties, you should feel free to give us feedback from time to time on your experiences with any third parties to whom we work with so that we may enhance our offerings.
Other Uses of Personal Information
We also use Personal Information, including information provided to us from our service providers, to continually assess and improve the Products we offer. To serve you better, we may combine the Personal Information that you give us with publicly available information and information we receive from or cross-reference with our marketing partners and others. We use that combined information to enhance and personalize your experience with us, to communicate with you about our Products that may be of interest to you, and for other promotional purposes.
Promotional Information and Marketing Materials
We would like to inform you of Products, sales and special offers that might benefit you. You will have the opportunity to sign up for e-mails about our Products, sales and special offers. If you would like to stop receiving such promotional information from us 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 we, our service providers or our Affiliate(s) are requested by law enforcement officials or judicial authorities to provide Personal Information, we or the applicable third party provider, may, without your consent, provide such Personal Information. In matters involving claims of personal or public safety, we, or the applicable third party provider, may provide your Personal Information to appropriate authorities without your consent or court process. We, 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 us, the applicable third party provider, or otherwise as required by law. We may also disclose Personal Information to assist in debt collection where you owe a debt to us.
Access to Personal Information by Companies that Work with or on Behalf of Us
Some of our operations, such as our 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 our Website or the operation of our 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 we authorize these companies to use your Personal Information for any reason other than for us to be able to provide you with those specific services.
Privacy Preferences / Opt Out: Our Website offers you the ability to opt out of receiving further email updates on fitness, nutrition, and exercise 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 our mailing list by clicking on an “unsubscribe” hyperlink contained at the bottom of the promotional emails we send 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 our Website, you have the right and authority to submit such Personal Information for all purposes set forth herein.
Special Note Regarding Children
Our Website is not intended for children or minors under the age of 13 without the permission of a parent or guardian. If you believe that a child has submitted Personal Information on or through our Website without the consent and supervision of a parent or guardian, please contact us so that we can take appropriate action.