Effective Date: September 20, 2013
By visiting the Site or using any of our Services, you agree that your personal information will be handled as described in this Policy. Your use of our Site or Services, and any dispute over privacy, is subject to this Policy and our Terms of Service, including its applicable limitations on damages and the resolution of disputes. Our Terms of Service are incorporated by reference into this Policy.
The Information We Collect About You
Information We Collect Directly From You. We collect information from you when you register with us, request information from us, respond to our surveys, or otherwise contact us. The type of information that we collect varies based on your interaction with our Site and Services, but may include your name, contact information, information about your health, and any information you choose to provide to us. We do require you to register with us to use our program on a trial or ongoing basis. To register for the two-week trial, we require the following information:
- Contact information, including email address
- Height, weight
- Additional details about your health (e.g., area of pain, doctor referral, etc.)
- Zip code, country of residence
Information We Collect Automatically. We automatically collect the following information about your use of our Services (including when you access our mobile website) through cookies, web beacons, and other technologies, including technologies designed for mobile devices: your domain name; your browser type and operating system; web pages you view; links you click; your IP address; the length of time you visit our Site and/or use our Services; and the referring URL, or the webpage that led you to our Site.
We may combine this information with other information that we have collected about you. Please see the section “Cookies and Other Tracking Mechanisms” below for more information.
How We Use Your Information
We use your information, including personal information (collectively, “information”) for the following purposes:
To provide our Services to you, including sending appointment reminders (which may include reminders by text, when specifically requested by you)
To communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes
To tailor the content and information that we may send or display to you
For marketing, advertising, and promotional purposes. For example, we may use your information, such as your email address, to send you news and newsletters, special offers, and promotions, or to otherwise contact you about products or information we think may interest you. We also may use the information that we learn about you to assist us in advertising our Services on third party websites.
To better understand how users access and use our Site and Services, both on an aggregated and individualized basis, to improve our Site and Services, and to respond to user desires and preferences,
For research and analytical purposes, including to review outcomes of using particular exercises and programs.
How We Share Your Information
We may share the information that we collect about you, including personally identifiable information, as follows:
Affiliates. We may disclose the information we collect from you to our affiliates or subsidiaries; however, if we do so, their use and disclosure of your personally identifiable information will be subject to this Policy.
Service Providers. We may disclose the information we collect from you to third party vendors, service providers, contractors or agents who perform functions on our behalf.
Business Partners. We may form strategic partnerships with hospitals, medical facilities, device suppliers, or other entities to enhance the services that we provide to you. If we do so, then we may share your contact information with these providers, as permitted by applicable law.
Health Care Providers. If you are sent to us by a health care provider, we may share information about your participation with that health care provider, as permitted by applicable law.
We also may share your information in the following circumstances:
Business Transfers. If we are acquired by or merged with another company, if substantially all of our assets are transferred to another company, or as part of a bankruptcy proceeding, we may transfer the information we have collected from you to the other company.
In Response to Legal Process. We also may disclose the information we collect from you in order to comply with the law, a judicial proceeding, court order, or other legal process, such as in response to a court order or a subpoena.
Aggregate and De-Identified Information. We may share aggregate or de-identified information about users with third parties for marketing, advertising, research or similar purposes.
Cookies and Other Tracking Mechanisms
Session cookies exist only during an online session. They disappear from your computer when you close your browser or turn off your computer. We use session cookies to allow our systems to uniquely identify you during a session or while you are logged into the Site. This allows us to process your online transactions and requests and verify your identity, after you have logged in, as you move through our Site.
Persistent cookies remain on your computer after you have closed your browser or turned off your computer. We use persistent cookies to track aggregate and statistical information about user activity.
Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Visitors to our Services who disable cookies will be able to browse certain areas of the Services, but some features may not function.
Local Storage Objects.
We may use Flash Local Storage Objects (“Flash LSOs”) to store your Site preferences and to personalize your visit. Flash LSOs are different from browser cookies because of the amount and type of data stored. Typically, you cannot control, delete, or disable the acceptance of Flash LSOs through your web browser. For more information on Flash LSOs, or to learn how to manage your settings for Flash LSOs, go to the Adobe Flash Player Help Page, choose “Global Storage Settings Panel” and follow the instructions. To see the Flash LSOs currently on your computer, choose “Website Storage Settings Panel” and follow the instructions to review and, if you choose, to delete any specific Flash LSO.
Clear GIFs, pixel tags and other technologies.
Clear GIFs are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We and our third party service providers may use clear GIFs (a.k.a. web beacons, web bugs or pixel tags) in connection with our Services to, among other things, track the activities of visitors, help us manage content, and compile statistics about use of our Services. We and our third party service providers also use clear GIFs in HTML e-mails to our customers, to help us track e-mail response rates, identify when our e-mails are viewed, and track whether our e-mails are forwarded.
Third Party Analytics and Tracking.
Our Services may contain links to third-party websites. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third party websites. We are not responsible for the information practices of such third party websites.
Security of My Personal Information
We have implemented commercially reasonable precautions to protect the information we collect from loss, misuse, and unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our best efforts, no data security measures can guarantee 100% security. You should take steps to protect against unauthorized access to your password, phone, and computer by, among other things, signing off after using a shared computer, choosing a robust password that nobody else knows or can easily guess, and keeping your log-in and password private. We are not responsible for any lost, stolen, or compromised passwords or for any activity on your account via unauthorized password activity.
User Generated Information
Certain portions of our Site permit user-generated content. For example, you may post comments about your experience with a particular exercise. You also may post to a blog or user forum, including comments, pictures, and/or videos. We are not responsible for the privacy of any information that you choose to submit through our Services or through any public forum such as a blog, or for the accuracy of any information contained in those postings. Any information that you disclose becomes public information. We cannot prevent such information from being used in a manner that may violate this Policy, the law, or your personal privacy
Access To My Personal Information
You may modify personal information that you have submitted by logging into your account and updating your profile information. Please note that copies of information that you have updated, modified or deleted may remain viewable in cached and archived pages of the Site or Application for a period of time.
What Choices Do I Have Regarding Use of My Personal Information?
We may send periodic promotional or informational emails to you. You may indicate your communications preferences when you register with us. At any time, you may opt-out of such communications by following the opt-out instructions contained in the e-mail. Please note that it may take up to 10 business days for us to process opt-out requests. If you opt-out of receiving emails about recommendations or other information we think may interest you, we may still send you e-mails about your account or any Services you have requested or received from us.
Children Under 13
Our Services are not designed for children under 13. If we discover that a child under 13 has provided us with personal information, we will delete such information from our systems.
Special Notice to California Consumers
California residents may request a list of certain third parties to which we have disclosed certain personal information about you for the third party’s own direct marketing purposes. You may make one request per calendar year. In your request, please attest to the fact that you are a California resident and provide a current California address for our response to you. We will respond to you within thirty (30) days. You may request this information in writing by contacting us at:
RK Adler LLP
247 Centre St
New York, NY 10013
Tel: (212) 537-9400 Fax: (212) 898-9025
Notice to Non-U.S.
Users Our Services are based in the United States. Any information that you submit to us will be stored in the United States. By using our Services, you agree that your information will be transferred to and accessed in the United States.
If you have questions about the privacy aspects of our Services or would like to make a complaint, please contact us at email@example.com.
Changes to this Policy
This Policy is current as of the Effective Date set forth above. We may change this Policy from time to time, so please be sure to check back periodically. We will post any changes to this Policy on our Site. If we make any changes to this Policy that materially affect our practices with regard to the personal information we have previously collected from you, we will endeavor to provide you with notice in advance of such change by highlighting the change on our Site or emailing you at the address on record.