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Privacy Policy

Privacy Policy
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Privacy Policy

Fitness Formulary, LLC
Privacy and Security Policy

Last Updated January 15, 2017

MyFormulary LLC and its affiliates (collectively, “iFormulary”, "Fitness Formulary," "we," "us," or "our") provide this privacy and security policy ("Privacy Policy") because we know that you care about how your information is collected, used, shared and retained. This Privacy Policy applies only to information collected when you access our website (www.fitnessformulary.com) and our Mobile Site (collectively the "Site"), or use the services that we make available via the Site from time to time (the "Services"). Our Services may include offering you the opportunity to post information, quotes, comments, data, text, graphics and other materials on the Site ("User Content"), become a registered user, purchase products via the Site, or use our Mobile Apps. By visiting the Site or using the Services, you accept the terms of this Privacy Policy.

I. Safe Harbor Certification

In light of the international nature of our business, Fitness Formulary complies with the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the US Department of Commerce regarding the collection, use and retention of personal information from European Union member countries and Switzerland. For more information about the Safe Harbor program, please visit http://www.export.gov/safeharbor/.

II. The Information We Collect

Fitness Formulary collects the following types of information via the Site directly and indirectly through our service providers and advertising partners ("Service Providers").

III. Personal Information

Personal Information means any information that may be used to identify a natural person. Generally, you may visit and browse the Site without revealing any of your Personal Information. When you use the Services, you may be required to provide Personal Information. For example, if you subscribe to a mailing list, participate in special offers, sweepstakes or other promotions, join our loyalty program, send questions or comments to us via e-mail, post User Content on the Site, our Facebook page or other social media site, or purchase products via the Site, we will collect Personal Information which will be used to fulfill your order and for other purposes consistent with this Privacy Policy. If you visit the Site, or register on the Site, through Facebook Connect or another social media website, we may also receive certain Personal Information from those social media sites. From time to time we may collect or purchase demographic information (such as gender or age) or information about your interests and preferences. If we link any demographic or preferences information to your Personal Information, then all such information will be treated as Personal Information under this Privacy Policy.

In order to use some features provided on our Site, you may submit Personal Information about other individuals. For example, e-mailing an article from the Site or providing product information to a friend requires an email address, and completing a purchase sent directly to a friend requires a name and address. Fitness Formulary will use and store such Personal Information to fulfill your request, and for marketing and other purposes consistent with this Privacy Policy.

IV. Non-Personal Information

Activity Information. We may collect your IP address, Internet service provider, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on particular pages, sections of the Site visited, number of links you click while on the Site, search terms, operating system, website traffic and related statistics, keywords and/or other data.

Geolocational Information. We may collect information regarding your current location (e.g., by IP address, by latitude/longitude, or zip code) when you visit the Site or use the Services. In order to provide certain Services while you are visiting our mobile site or using our Mobile Apps, we may, with your consent, automatically collect geolocational information from your mobile device, wireless carrier or third party service providers. Your mobile device also permits you to turn off the location services. Please be sure to manage your mobile device and privacy preferences for the Services on a consistent basis.

V. Cookies and Other Tracking Technologies

When you visit the Site, cookies or other tracking technologies may be placed on your computers or mobile devices. A cookie is a small amount of information that a web server sends to your browser that stores Non-Personal Information about your account, preferences and use of the Site and Services. Cookies allow us to recognize you when you return to the Site and track and target your interests in order to provide a customized experience. They also help us to detect certain kinds of fraud. We use cookies to store preferences, record session information, record user-specific information on what pages are accessed or visited, alert you to new areas of the Site, or customize web page content, services and advertisements based on browser type or other information that the tracking technologies provide.

"Session" cookies are temporary cookies used for various reasons, such as managing page views and your shopping cart. Typically, your browser will erase session cookies once you exit the browser. "Persistent" cookies are more permanent cookies that are stored on your computer or mobile device after you exit the browser. Persistent cookies allow us to retrieve certain information that you have previously provided to us (for example, your user ID if you ask to be remembered). The Site may use both session and persistent cookies.

The Site may also use "tracer tags," which are tiny graphic images placed on Site pages or in our e-mails that allow us to determine whether you have performed certain actions. When you access these pages or open e-mail messages, the tags generate a notice of that action to us or our Service Providers. These tools allow us to measure response to our communications and improve our web pages and promotions.

You may manage, block or delete cookies and other tracking technologies by adjusting your browser's security and privacy settings but, if you do so, you may not be able to use particular features of the Site or the Services.

VI. How We Use Your Information

We may use your Personal Information in a manner that is consistent with this Privacy Policy. If you provide Personal Information for a certain reason, we may use such Personal Information in connection with the reason it was provided. For instance, we may use Personal Information to process purchases via the Site; administer, improve and provide access to the Site and the Services; respond to inquiries; upload User Content that may include Personal Information; or to communicate with you by email, telephone or regular mail regarding news updates, special promotional offers, our products and services, or other information which may be of interest to you. If you later wish to opt-out of receiving such promotional communications from us at any time, simply follow the "Opt-Out" instructions.

Fitness Formulary may link or combine Personal Information with other personally identifiable information (such as transaction history) and Non-Personal Information that is available from our records and other sources. We may use this combined information for marketing and advertising programs, to enforce Site policies, protect the Site, our customers and others, and to comply with applicable law.

VII. Sharing Your Information

Fitness Formulary may share your Personal Information and Non-Personal Information with third parties without notice to you under certain circumstances including:

•    Service Providers.

•    When we engage a Service Provider to perform certain business-related functions, we only provide them with the information that they need to perform their specific function. We may also share your information with any of our parent companies, subsidiaries, or other companies under common control with us.

•    Legal Requirements.

•    We may disclose your information if required to do so by law, or in the good faith belief that such action or disclosure is necessary or appropriate (i) to operate the Site, (ii) comply with any legal obligation, report unlawful activity, cooperate with law enforcement, or protect against legal liability, (iii) protect and defend our rights, property, personnel, suppliers, sponsors, agents or licensors, or (iv) protect the personal safety of users of the Site or the public.

•    Business Transfers.

•    We may share your information with business partners, or buy or sell businesses or assets. In the event of a corporate sale, asset sale, merger, reorganization, dissolution or similar event, Personal Information, and Non-Personal Information may be part of the assets that are transferred.

•    Aggregated Information.

•    We may aggregate Personal Information and Non-Personal Information and provide it to our existing or potential business partners, sponsors, advertisers or other third parties, in response to a government request, or to other third parties for lawful purposes.

•    Fitness Formulary may disclose Personal Information to third party marketers (who may combine such Personal Information with their own records, and records available from other sources), for their own direct marketing purposes, and the direct marketing purposes of other third party marketers. If you wish to opt-out of sharing your Personal Information with third party marketers for their own and third party direct marketing purposes, please unsubscribe.

VIII. User Content

We are not responsible for protecting any Personal Information or User Content you post on the Site or on social media web pages associated with Fitness Formulary. Any Personal Information or User Content posted on the Site or associates social media pages is publicly available, unprotected and may be viewed by anyone with access to the specific website.

User Content or Personal Information published on the Site or associated social media sites may also appear in search engine results (such as Yahoo!, MSN, Google, Altavista, and other search engines) and in the cache of those search engines, in feeds and third party websites pursuant to cobranding agreements. We have no control over updating and/or removal of such User Content or Personal Information, which is the sole responsibility of the search engines, third party websites and RSS web feed resources. You agree and acknowledge that Fitness Formulary is not liable for the information published in search results or by any third party website that carries any User Content or Personal Information published on the Site or associated social media sites. We strongly discourage posting any Personal Information or User Content that you do not want others to see or use.

Fitness Formulary reserves the right, but has no obligation, to monitor User Content and Personal Information posted on the Site. You acknowledge that by providing you with the ability to post, view and distribute User Content and Personal Information on the Site, Fitness Formulary is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating thereto. We reserve the right, but have no obligation, to block or remove communications, User Content, Personal Information or other submissions to the Site, for any reason or no reason, in our sole and absolute discretion.

IX. Advertising

Fitness Formulary may, directly or indirectly through Service Providers, serve personalized advertisements for Fitness Formulary products, services and programs when you visit the Site and other sites. Fitness Formulary and Service Providers may use Personal Information and Non-Personal Information collected during your visits to the Site to select advertisements, perform, or have performed, cookie synchs, and otherwise combine and compare your information with other databases for Fitness Formulary's commercial purposes. You may opt-out of the tailoring of advertising based on information we collect. To learn more about the use of this information, or to choose not to have this information used by our third-party advertising partners by opting out, please visit the Network Advertising Initiative by clicking www.networkadvertising.org/managing/opt_out.asp.

X. Opt-Out

Fitness Formulary offers you control over your privacy preferences regarding email. You may update these preferences at any time. Please allow sufficient time for your preferences to be processed.

•    You may opt-out of receiving promotional emails from us regarding new features, services and special offers when registering for an account by unchecking the box that asks whether you would like to receive e-mail updates.

•    You may unsubscribe from receiving promotional e-mails of certain types (or a company-wide unsubscribe) at any time by using the Unsubscribe page on the Site. Please pay careful attention to the various options for unsubscribing. You may have the option to unsubscribe from one or more special interest lists or unsubscribe from all promotional e-mails.

•    When you receive a promotional e-mail from Fitness Formulary, it will contain a link that allows you to unsubscribe. If you decide to use this opt-out link, you will no longer receive special offers, valuable coupons, new product introductions and informational health and wellness newsletters from Fitness Formulary via email or direct mail; however, you will continue to receive non-promotional e-mails and direct mail from us, such as order confirmations.

•    You may opt-out from promotional emails from us by calling Customer Care, or visiting a Fitness Formulary retail location and advising an associate that you wish to opt-out.

•    (415) 255-5888

XI. Security

Fitness Formulary takes reasonable precautions to safeguard your Personal Information against unauthorized access or disclosure including Secure Sockets Layer (SSL) encryption. Unfortunately, no data transmission over the Internet or stored on a server can be guaranteed to be 100% secure. As a result, we cannot guarantee or warrant the security of any information you disclose or transmit to us online, and Fitness Formulary is not responsible for the theft, destruction, or inadvertent disclosure of your Personal Information.

When creating an account on our Site, you are required to establish a password. To maximize your level of protection, you should choose a password with at least 6 characters, using a combination of letters and numbers. We recommend that you not disclose your password to any other person. You are solely responsible for maintaining the secrecy of your password and account information, and for all activities that occur under your password or account.

Credit card and other financial information that is necessary to complete purchases on the Site is collected and processed by a Service Provider and encrypted using SSL before transmitted over the Internet.

XII. Accessing and Correcting Personal Information

You can access and correct your Personal Information by logging into your account and accessing the "My Account" section of the Site. If you wish to cancel your account, please unsubscribe. If you also wish to opt-out of receiving emails from us after your account is cancelled, please follow the steps described under "Opt-Out." We may retain your Personal Information and Non-Personal Information indefinitely after termination of your account for use in compliance with this Privacy Policy.

XIII. Children

The Site is not intended for use by children under the age of 13. Fitness Formulary does not knowingly collect or use any Personal Information from such children. If you are under the age of 13, do not submit any information to this Site. If we learn that we collected Personal Information from children under the age of 13, we will take steps to delete that information as soon as possible.

XIV. Changes to Privacy Policy

Fitness Formulary may, in its sole discretion, change this Privacy Policy from time to time without prior notice. We will notify you of any material changes to this Privacy Policy by changing the "Last Updated" date at the top of this Privacy Policy. If you visit the Site or use the Services after a change to this Privacy Policy is posted on the Site, you will be bound by such change. Please refer back to this Privacy Policy on a regular basis. If you object to any of the terms in a revised Privacy Policy, you have the right to cease using the Site and the Services. If you have questions about this Privacy Policy, or believe that Fitness Formulary has acted inconsistently with this Privacy Policy, please Contact Us.

XV. Privacy Practices of Third Parties

The Site may contain links to third party websites, products, and services, including social media sites such as Facebook and Twitter. These third party websites may place cookies or other tracking technologies on your computer or personal device. Information collected by these third party websites is governed by their privacy practices and is not subject to this Privacy Policy. We are not responsible for how these third party websites collect, use, disclose, distribute, or maintain Personal and Non-Personal Information. If you visit a third party website linked from the Site, you do so at your own risk. We encourage you to learn about the privacy practices of those third parties prior to providing them with an information or taking advantage of an offer or promotion. Fitness Formulary expressly disclaims any and all liability for the actions of third parties, including but without limitation to actions relating to the use and/or disclosure of Personal Information by third parties

XVI. Governing Law

This Privacy Policy and the privacy practices of Fitness Formulary will be subject exclusively to the laws of the State of Minnesota, United States

XVII. Important Notice to Non-U.S. Residents/Safe Harbor Certification

Fitness Formulary abides by the principles set forth in the U.S.-EU Safe Harbor Framework and the U.S.-Swiss Safe Harbor Framework as set forth by the U.S. Department of Commerce regarding the collection, use, and retention of data from the European Union member countries and Switzerland. However, it is important to note that the servers that store the information are operated in the United States or at one of our other data centers located outside the United States. If you are located outside of the United States, please be aware that any information provided to us may be transferred to the United States. By visiting the Site and/or using our Services, you consent to this transfer.

In order to comply with the Safe Harbor framework, Fitness Formulary commits to the resolution of complaints about your privacy and our collection or use of the information. We have committed to resolve any complaints by European Union citizens relating to this Privacy Policy, which cannot be resolved directly with our company, through the Council of Better Business Bureaus, Inc.’s Safe Harbor Privacy Dispute Resolution Procedures.

If you have any questions regarding this Privacy Policy, please contact us as set forth in the “How to Contact Us” section below. We will investigate your question, respond to your inquiry, and attempt to resolve any concerns regarding your privacy question. If you do not receive timely acknowledgment of your complaint, or if your complaint is not satisfactorily addressed by us, please visit the BBB EU SAFE HARBOR web site at www.bbb.org/us/safe-harbor-complaints for more information and to file a complaint.

XVIII. California Privacy Rights

Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of Personal Information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. To submit a request pursuant to Section 1798.83, please contact Fitness Formulary.

XIX. Contact Us

If you have any questions regarding this Privacy Policy or our privacy practices, you may email us at customercare@fitnessformulary.com with "PRIVACY POLICY" in the subject line, or send us a letter addressed to: Fitness Formulary, Customer Care Department, 3033 Excelsior Boulevard, Suite 10, Minneapolis MN 55416.

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