Lymph-Active and its parent, subsidiaries and affiliates, (individually or collectively, “we/our/us”) respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the type of information we may collect from you and or that you may provide us when you visit our websites. "You/your/user(s)" means you as a user of our website(s), mobile site(s) and/or app(s) (individually or collectively, “Website(s)”) provided by us. We offer the Websites, including all information, tools and services available from the Websites, to you conditioned upon your acceptance of all the terms, conditions, policies and notices stated here, which you accept by continuing to utilize the Websites.
Guide to Contents:
- Information Collected
- Use of your Personal Information
- Sharing Personal Information with Third Parties
- Non-Personally Identifiable Information
- Your Security
- Links to Other Website(s)
- Your California Privacy Rights
- Disclosure for Legal Purposes
- Non-Confidential Information
- Retention, Access and Deletion
2. Information Collected.
2.1 We collect information that you provide directly to us. You may provide different types of Personal Information to us when you engage in certain Website(s) activities, such as creating an account, ordering a product or service, submitting, posting or accessing various content or features, subscribing to mobile push notifications, responding to and submitting a form, participating in our blogs or forums, entering a sweepstakes, contest, promotion or other special initiative, signing up for a special offer, completing a survey, sending feedback, requesting or submitting information, or directly contacting us. It is optional for you to engage in such activity, however, if you choose to do so, we may require that you provide us certain Personal Information. Depending upon the activity, some of the information we ask you to provide is required and some is voluntary. If you do not provide required information for a particular activity, you may not be permitted to engage in that activity. We also ask that you not send us, and that you not share, any sensitive Personal Information, for example, social security numbers, information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background and/or trade union membership.
3. Use of Your Personal Information.
3.1 Uses. We use the Personal Information we collect for various purposes, including to:
- Authenticate users
- Provide the services you request
- Enable you to participate in features such as surveys, reviews, blogs or forums, or to enter sweepstakes, contests, promotions and other special initiatives and to communicate with you about them
- Complete your purchase transactions, fulfill your orders, keep you informed about the status of our services and your orders
- Identify your product and service preferences, including so that we can notify you of new or additional products, services, and promotions that might be of interest to you
- Improve our services and merchandise selections, customer service, and overall Website(s) experience
- Analyze the use of our products and services and information about visitors to the Website(s)
- Market research
- Update and maintain the accuracy of our information
- Communicate with you by email, postal mail, telephone, text message, push notification or other means about our company, our products, or other information that we believe may be of interest to you
- Send you notices of a transactional, administrative or relationship nature or as required by law.
3.2 We use the Personal Information (and other information as outlined below) that we collect to customize your experience and to allow advertising to be targeted to users for whom such advertising is most pertinent. We may also use this information to customize certain features of the Website(s) to provide you with an enhanced experienced based on the type of device you are using to access the Websites, and in certain cases, provide you with requested services.
3.3 We may use demographic and preference information to allow advertising on the Website(s) to be targeted to the users for whom they are most pertinent. This means users see advertising that is most likely to interest them, and advertisers send their messages to people who are most likely to be receptive, improving both the viewer's experience and the effectiveness of the ads. We disclose information to third parties only in aggregate or de-identified form.
4. Sharing Personal Information With Third Parties
4.1 We are committed to maintaining your trust and we want you to understand when and with whom we may share Personal Information and information collected about you.
4.2 We may disclose your Personal Information to outside individuals and/or companies who help us: bring you the products and services we offer; create, operate, and maintain the Website(s); and with specialized services such as payment processing, shipping, mail and e-mail distribution, mobile messaging, Website(s) hosting, monitoring, analytics, sweepstakes and promotions management, and survey processing. We provide these companies only with the information they need to perform their services. We also work with third parties, such as ad networks, analytics companies and social networking platforms, and they may collect information about your online activities over time and across our sites and other online services. We require that these outside individuals and/or companies agree to keep all information shared with them confidential and to use the information only to perform their obligations to us. We may also contribute to or participate in cooperative databases, which give other companies access to Personal Information.
4.3 If you choose to enter a sweepstakes, contest or other promotion, your information may be disclosed to third parties who help design, administer and implement the promotion, including in connection with winner selection, prize fulfillment and aggregated data analysis. Your information also may be disclosed as required by law, such as on a winners list.
4.4 We may disclose your Personal Information when legally required to do so, to cooperate with law enforcement investigations or other legal proceedings, to protect against misuse or unauthorized use of the Website(s), to limit our legal liability and protect our rights or to protect the rights, property or safety of users of the Website(s) or the public.
4.5 We may provide products or services jointly with certain third-party businesses, such as retail businesses. We may share your Personal Information with such entities to help them deliver to you purchased goods and services, and to provide you with better service and to measure our program’s value. Sharing this information will allow such affiliate providers to market products and services directly to you, should they so choose.
4.7 The Website(s) may allow users to post comments and other content to the Website(s). Any Personal Information that you post to the Website(s) will become public information and will be accessible by other users of the Website(s). In addition, your user name will be viewable by other users, and we therefore encourage you to use a user name that is not your actual name. We have no responsibility to maintain the privacy or security of any such Personal Information that you may choose to post to the Website(s).
4.8 Mobile phone numbers may be used to send SMS (Short Message Service), text, push notifications and voice message notifications related to the Website(s) and to communicate offers. Registered users may choose not to receive text messages from us by not providing their cell phone number to us at registration. Please note that standard message rates and data charges from your cellular service provider apply to sending and/or receiving text messages. You are solely responsible for such message rates and data charges.
5. Non-Personally Identifiable Information
5.1 Through your use of the Website(s), we may also collect certain non-personally identifiable information from you (“NPII”). NPII is not associated with you as an individual, it is data that is linked or reasonably linkable to a particular computer or device. It is measured anonymously and generally in the aggregate. We use NPII to maintain and administer the Website(s), analyze trends and user activities, gather demographic information and comply with applicable law. We may share this information with others without express notice to you or consent from you, and we may exploit, use and disclose your NPII without limitation of any kind.
5.3 We may also use "pixel tags" (sometimes called "web beacons" or "clear gifs"), which are tiny graphic images, on the Website(s). Pixel tags help us analyze users’ online behavior and measure the effectiveness of the Website(s) and our advertising and marketing. We may also use other analytical tools to evaluate site performance through the use of aggregated data, which contain no Personal Information. We work with service providers that help us track, collect, and analyze this information.
5.4 Cookies, pixel tags, and/or other analytical tools that we may use on the Website(s) may collect information about your visit, including the pages you view, the features you use, the links you click, and other actions you take in connection with the Website(s). This information may include your computer's Internet protocol (IP) address, your browser type, your operating system, date and time information, and other technical information about your computer. We may also track certain information about the identity of the website(s) you visited immediately before coming to the Website(s). Cookies, pixel tags, and/or other analytical tools in our emails may also be used to track your interactions with those messages, such as when you receive, open, or click a link in an email message from us. We may also work with businesses that use tracking technologies to deliver advertisements on our behalf across the Internet. These companies may collect information about your visits to the Website(s) and your interaction with our advertising and other communications.
5.7 We authorize certain service providers to utilize NPII for their business purposes and in accordance with their privacy policies, such as to report on usage or industry trends to their customer base.
5.8 Third Party Functionalities: The Website(s) may contain links to and/or enables certain third-party functionalities to enhance your experience on the Website(s), including social plug-ins, tools and APIs. Prior to using any third-party functionalities (for example, the Facebook “Like” button) on the Website(s), you should consult the privacy notices of the third-party providers of such functionalities (for example, Facebook), as we have no control over information that is submitted to, or collected by, such third parties, or how they may use the information. The privacy policies and data practices of such third parties may significantly differ from ours, and we make no representation or warranty whatsoever about their policies and practices. Your communications and interactions with such third parties are solely between you and them, and are at your own risk.
6. Your Security
6.1 We strive to keep your Personal Information private and safe. We take commercially reasonable physical, electronic and administrative steps to maintain the security of Personal Information collected, including limiting the number of people who have physical access to database servers, as well as employing electronic security systems and password protections that guard against unauthorized access. [In addition, it is our policy to never send your credit card number via e-mail.] Please note that e-mail is not encrypted and is not considered to be a secure means of transmitting credit card information, so please do not send us your credit card number by email. Any payment transactions will be encrypted.
6.2 Unfortunately, despite our best efforts, the transmission of data over the Internet cannot be guaranteed to be 100% secure. While we will use reasonable means to ensure the security of information you transmit through the Website(s), any transmission of Personal Information is at your own risk. We cannot guarantee that such information will not be intercepted by third parties and we shall not be liable for any breach of the security of your Personal Information resulting from causes or events that are beyond our control, including, without limitation, your own act or omission, corruption of storage media, defects in third-party data security products or services, power failures, natural phenomena, riots, acts of vandalism, hacking, sabotage, viruses, Trojan horses, other malware or terrorism and we are not responsible for circumvention of any privacy settings or security measures contained on the Website(s).
7. Links to Other Website(s)
7.1 While visiting the Website(s), you may link to websites operated by third parties or you may have come to the Website(s) using a link found in another website. This does not mean that we endorse these website(s) or the goods or services they provide. We do not make any representations or warranties about any website(s) that may be linked to the Website(s), including those of our payment processors. Such other website(s) are independent from us, and we have no control over, or responsibility for their information, products or activities.
8.1 You may opt out of receiving email communications such as email newsletters and promotional emails by following the instructions provided at the bottom of each email, clicking the “unsubscribe” button at the bottom of emails we sent you, or by emailing us at firstname.lastname@example.org. Please allow up to ten (10) business days for changes to your email preferences to take effect. During that time, you may continue to receive email communications from us that were already in process. Opting out of receiving Website(s) communications will not affect your receipt of service-related communications such as payment confirmations.
8.2 Opting out of online and mobile website advertising. You can opt out of Internet-based and mobile advertising on your mobile device by visiting TRUSTe’s Ad Preference Manager, currently available at https://preferences-mgr.truste.com/.
8.3 Some of our products and services use Google Analytics Advertising Features and its associated tracking technologies to help display our ads you see on other sites, and to help us manage and optimize our online advertising efforts. To opt out of Google Analytics Advertising Features, visit Google’s Ad Settings page, currently located at http://www.google.com/settings/ads/anonymous. Website users can also access the Google Analytics Opt Out Browser Add-on, currently located at https://support.google.com/analytics/answer/181881?hl=en.
8.4 You can opt out of receiving online behavioral or internet based advertising by using the tools located at the Digital Advertising Alliance’s (DAA) consumer choice page, currently available at http://www.aboutads.info/choices/ or the Network Advertising Initiative (NAI) opt out tool currently available at http://www.networkadvertising.org/choices/. In addition, the DAA’s AppChoices App allows you to limit the collection of cross-app data for your device, and a link to the AppChoices program for opting out is currently located at www.aboutads.info/appchoices.
8.5 When using the ad industry opt out tools described in Sections 8.2 through 8.5, note that: (a) if you opt-out we may still collect some data about your online activity for operational purposes (such as fraud prevention) but it won't be used by us for the purpose of targeting ads to you; (b) if you use multiple browsers or devices you may need to execute this opt out on each browser or device; and (c) other ad companies’ opt-outs may function differently than our opt-out. We do not make any representations or warranties about such opt-out services. Such services are independent from us, and we have no control over, or responsibility for their performance.
8.7 Registered users who have provided their cell phone number to us may remove it from within their personal profile settings If you prefer not to receive text or wireless promotional communications on your mobile device, you can opt out by replying STOP.
8.8 You may ask us to delete your Personal Information from our system, however, because we archive and keep track of past transactions, you cannot delete information associated with past transactions or archived information on the Website(s). Please also update your Personal Information if it changes.
8.9 Registered users may terminate their registration at any time, for any reason, by contacting us. Terminating your registration will not necessarily remove previous public comments or other user content on public display on the Website(s). You understand it may be impossible to delete Personal Information entirely because of backups and records of deletions. If you wish to cancel your account on the Website(s) or delete your Personal Information previously provided to us, you may send your request to us at email@example.com and indicate in the body of your communication your request.
8.10 If you do not receive a response from us to any emails you send to us within ten (10) business days, please send us another email as your original email may not have been received.
We do not permit children under 18 years of age to use the Website(s), and we do not knowingly collect, use or disclose Personal Information from anyone under 18 years of age except as part of specific outreach programs with parental permission. If we become aware that we have unknowingly collected personally identifiable information from a child under the age of 18, we will make reasonable efforts to delete such information from our records. If you believe that we have mistakenly or unintentionally collected Personal Information of a minor without appropriate consent, please notify us at firstname.lastname@example.org or by mail to the following address: email@example.com, ATTN: Privacy, Lymph-Active, so that we may immediately delete such information and take other appropriate action.
10. Your California Privacy Rights
10.1 Under California Civil Code sections 1798.83-1798.84, California residents are entitled to ask us for a notice describing what categories of Personal Information we share with third parties or corporate affiliates for those third parties or corporate affiliates' direct marketing purposes. That notice will identify the categories of information shared and will include a list of the third parties and affiliates with which it was shared, along with their names and addresses. If you are a California resident and would like a copy of this notice, please submit a written request to the following address: firstname.lastname@example.org, ATTN: Privacy, Lymph-Active. You must put the statement “Your California Privacy Rights” in the body of the request and state the name of our website with respect to which you are requesting the information as well as your name, street address, city, state, and zipcode.
10.2 In addition, please note the following:
- Users can visit the Website(s) anonymously;
- Users are able to change their Personal Information by emailing us;
- Some Internet browsers include the ability to transmit “Do Not Track” signals that give you control over the collection and use of web browsing information. Because uniform standards for “Do Not Track” signals have not yet been adopted, we do not do not process or respond to such signals in users’ web browsers at this time; and
- We allow the collection of users’ behavioral tracking (but not Personal Information) by third parties. We do not authorize the collection of Personal Information on the Website(s) by third parties.
11. Disclosure for Legal Purposes
You hereby authorize us to disclose any of your Personal Information pursuant to judicial and administrative proceedings and to law enforcement or government agencies if we believe the disclosure is necessary or appropriate. You also authorize us to disclose Personal Information if we believe the disclosure is necessary or appropriate in the event of an investigation of improper or illegal conduct in connection with the Website(s), such as fraud, misrepresentation, intellectual property infringement, or other activity that may put us at risk for liability.
12. Non-Confidential Information
We do not want you to send to us any confidential or proprietary information through email or otherwise. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting the same to us, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute the information for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission.
13. Retention, Access and Deletion
All disputes between you and Lymph-Active will be resolved by BINDING ARBITRATION. YOU HEREBY AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend your rights under this contract, except for matters that may be taken to small claims court. Your rights will be determined by a neutral arbitrator, NOT a judge or jury. You agree that any dispute arising out of or relating to this Agreement, including with respect to the interpretation of any provision of this Agreement or concerning the performance or obligations of Lymph-Active or you, shall be resolved by mandatory and binding arbitration submitted to JAMS in accordance with its Commercial Arbitration Rules at the request of either Lymph-Active or you pursuant to the following conditions:
- Place of Arbitration Hearings. Unless you elect to conduct the arbitration by telephone or written submission, an in-person arbitration hearing will conducted at a JAMS facility in your area or at a JAMS facility in or near Wilmington, Delaware.
- Selection of Arbitrator shall be made pursuant to JAMS’ Streamlined Arbitration Rules & Procedures or JAMS’ Comprehensive Arbitration Rules & Procedures, depending on the amount of the claim as specified herein.
- Conduct of Arbitration. The arbitration shall be conducted by a single neutral arbitrator under JAMS’ Streamlined Arbitration Rules & Procedures. For claims exceeding $5,000.00, the arbitration shall be conducted under JAMS’ Comprehensive Arbitration Rules & Procedures Subject to the applicable JAMS procedure, the arbitrator shall allow reasonable discovery in the forms permitted by the Federal Rules of Civil Procedure, to the extent consistent with the purpose of the arbitration. The arbitrator(s) shall have no power or authority to amend or disregard any provision of this section or any other provision of these Terms of Service, except as necessary to comply with JAMS’ Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards of Procedural Fairness. The arbitration hearing shall be commenced promptly and conducted expeditiously. If more than one day is necessary, the arbitration hearing shall be conducted on consecutive days unless otherwise agreed in writing by the parties.
- Findings and Conclusions. The arbitrator(s) shall, after reaching judgment and award, prepare and distribute to the parties written findings of fact and conclusions of law relevant to such judgment and award and containing an opinion setting forth the reasons for the giving or denial of any award. The award of the arbitrator(s) shall be final and binding on the parties, and judgment thereon may be entered in a court of competent jurisdiction.
- Costs and Fees. You will be subject to a $250 filing fee to initiate an arbitration. To the extent permitted by JAMS procedures, each party shall bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration, with I.D. Systems remaining responsible for its share of costs, expenses and fees plus any costs, expenses and fees required of it under JAMS procedures.
- Litigation. The Federal Arbitration Act and federal arbitration law apply to this Agreement. Either party also may, without waiving any remedy under this Agreement, seek from any court having jurisdiction any interim or provisional relief that is necessary to protect the rights or property of that party, pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy). We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
- Other. The Federal Arbitration Act and federal arbitration law apply to these Terms and Conditions.
- Class Action Waiver. The parties further expressly waive any ability to maintain any class action in any forum. Any arbitration, claim or other proceedings by or between you and Lymph-Active shall be conducted on an individual basis and not in any class action, mass action, or on a consolidated or representative basis. You further agree that the arbitrator shall have no authority to award class-wide relief or to combine or aggregate similar claims or unrelated transactions. You acknowledge and agree that this agreement specifically prohibits you from commencing arbitration proceedings as a representative of others. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
If you have any questions about your privacy or security at the Website(s), or wish to update your Personal Information, please send an email to email@example.com or write to us at the following address: 142, Lowell Rd Unit 17, Box 373, Hudson NH 03051, ATTN: Privacy Lymph-Active and include your name, mailing address and email address in the message.