This Privacy Policy will tell you what information South Beach Living® collects when you and others visit and interact with our website at southbeachdiet.com (the "Site") and platforms where the policy is located (the “Platform”), how we use it and what choices you have about how that information is used. We collect information from you and other users in connection with the provision of our weight loss services and programs (collectively, "Services").
We urge you to read our entire Privacy Policy so that you will understand both our commitment to you and your privacy, and how you can participate in that commitment.
By consenting to our collection, use and disclosure of your Personal Information through your use of our website and services, you will allow us to fulfill the purposes for which we collect your Personal Information, as described above and in this Policy.
We collect this information solely to provide our consumers with excellent goods and services, and only collect and use the least amount of information required to do so. We only share this Personal Information with our trusted business partners to help us serve you, our customers. The data we collect, and use may include actively collected information and passively collected information, described in more detail below.
Personal/Contact Information
When you interact with our Site, for example, placing an order, creating an account and/or profile, chatting with us, contacting our customer service team via text message or chat, or purchasing a subscription on our Site, we may collect your name, email address, mailing address, contact numbers, age, height, weight, credit card number, and expiration date, the content of texts and chats you send us and that we send you, and other data detailed in the section below. The personally identifiable information we collect when you place an order, create an account and/or profile or purchase a subscription on our Site may be used for the purposes outlined in this policy, including:
TYPES OF INFORMATION WE COLLECT
The information obtained depends on the context of your interactions with us and may include the following:
Information Provided in Optional Surveys
South Beach Living also collects information automatically and passively, such as how you use our Site, as described below.
We collect personal information about you from third parties in connection with our Site, app and Services, including from the following sources:
Additionally, we may collect some or all of your Personal Information from our parent company, affiliates, any subsidiaries, joint ventures, or other companies under a common control.
HOW WE USE PERSONAL INFORMATION
Examples of how we may use your information include:
Will South Beach Living disclose the information it collects to outside parties?
From time to time, we may make customer email addresses and postal addresses available to other businesses whose products or services might be of value to you. If you do not want us to share your information with other companies or organizations for their marketing purposes, please let us know by emailing us at privacy@southbeachdiet.com . If you opt-out of promotional or newsletter emails from South Beach Living, we may continue to send you certain communications such as service announcements and administrative messages, relating to South Beach Living that are necessary to our relationship with you.
HOW WE SHARE PERSONAL INFORMATION
We may share your personal information, including the content of any chat our text you you send to us, in the following ways:
In addition to what we have described above, South Beach Living may also disclose your personal information to third-parties in certain limited circumstances, as follows:
Credit Card and Payment Information South Beach Living does not share any of your payment information with third parties (except to its payment processors).
Text Messaging All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties.
How do We protect customer information?
All information collected by us is maintained in a reasonable manner and pursuant to applicable law. The importance of security for all Personal Information associated with those who access or use our websites and the services they offer is of utmost concern to us. We employ commercially reasonable physical, technological, and administrative safeguards to protect your Personal Information using industry standard technology. Your Personal Information resides on a secure server that only selected South Beach Living employees and contractors have access to via password. In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking, processing agents and distribution institutions that employ appropriate security safeguards. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.
Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through our websites cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Moreover, where you use passwords, ID numbers, or other special access features on our website(s), it is your responsibility to safeguard them and utilize strong, complex passwords. If you have a user account on any of our websites, you agree to maintain the confidentiality of your account details and notify us immediately of any unauthorized use of your account or any other security breach relating to your account. We are not liable for any loss or damage arising out of your failure to comply with this section.
Mobile Devices/Third-Party Fees
From time to time, we may make mobile device applications and mobile marketing campaigns available to you and may allow you to register for services that involve push notifications and/or emails being sent to your mobile Device. Promotional messages are recurring. You are responsible for obtaining access to the mobile Device services. Such access may involve third-party fees, including mobile carrier, text messaging, or airtime charges. You are solely responsible for those fees, including any and all fees associated with the use of the applications, delivery of the messages, emails or other materials to your mobile Device. Please consult your mobile service provider's pricing plan prior to purchasing or downloading any application or registering for any such service to determine the charges for sending and receiving push notifications or emails from/to your mobile device. You will be given the opportunity to opt-in to receive push notifications or emails to your mobile Device at the time you register for the campaign and with each message or email you receive.
If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at customersupport@southbeachdiet.com or 1-800-536-6922 . Carriers are not liable for delayed or undelivered messages. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency may vary. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
Mobile marketing campaigns may involve your sending text message or e-mail from your mobile Device to us or a third-party campaign operator. An autodialed text message, e-mail or other response will then be sent to your mobile Device. Opting to participate in a campaign is 100% your choice. Your consent to receive marketing text messages is not a condition of any purchase with South Beach Living, and you may opt out at any time.
When you engage in these mobile marketing campaigns, we and the third-party campaign operator that we work with may collect your cell phone number, the name of your wireless service provider, images that you send using your cell phone as part of the campaign, and other relevant information. Text messaging originator opt-in data and consent will not be shared with any third parties.
Our Bulletin Boards, Social Media Pages, Chat Rooms & User Blogs
As part of our Services, we may provide support through bulletin boards, chat rooms (support groups), social media pages, blogs (collectively, "Forums"). Forums give our customers the opportunity to interact with each other. Forums are moderated to help keep inappropriate messages from being posted. You are offered the opportunity to include your email address with your message, but you are not obligated to do so. Please keep in mind that whenever you voluntarily disclose personal information through or on these Forums your information can be viewed, collected and used by others. In short, if you post personal information in a Forum that is accessible to the public, you may receive unsolicited messages from other parties in return. We cannot control the actions of any third-parties. By posting any comments, pictures or other information ("Content") in a Forum hosted by us, you grant us a non-exclusive, irrevocable, perpetual and worldwide right to copy and post both such Content within our Site, and those of our parent, affiliates, subsidiaries, assigns, agents and licensees and any social media outlets and advertising medium through which we are engaged or elsewhere on the South Beach Living Site, without any further notice to you or any remuneration therefor.
This Privacy Policy sets forth our current policies and practices with respect to Personal Information, including Sensitive Personal Information, of the users of any of our websites. "Personal Information" is any information about an identifiable individual, which includes information such as full name, e-mail address, mailing address, phone number and sales delivery, billing and credit card information. “Sensitive Personal Information” is personally identifiable information that reveals information such as geolocation, biometric, and health data. By using our websites, you agree with the terms of this Privacy Policy. Whenever you submit information to us through our websites, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy. You can withdraw your consent at any time. However, if you choose to do so, we may not be able to offer you the functionality and services of our websites (for example, if you do not provide your payment information, we cannot process an order for you through our website).
A Special Note to Parents or Legal Guardians
The South Beach Living Program is intended only for consumers who have reached the age of majority. This Site is neither intended for nor directed to anyone under the age of majority and we shall not knowingly solicit or collect any personal information from such individual under the age of majority. If you are a parent or legal guardian and think your child under the age of majority has provided us with personal information, please contact us at privacy@southbeachdiet.com . You can also write to us at the address listed at the end of this website Policy. Please mark your inquiries “COPPA Information Request.” Parents, you can learn more about how to protect children's privacy on-line here.
CHOICES REGARDING YOUR INFORMATION
You have certain choices about how we use your personal information. Certain choices you make are browser and device specific. Note that you will still receive transactional messages from us, including responses to your inquiries. To opt out of receiving our marketing communications, you can follow the instructions contained below.
Cookies
When you use our Site, we gather web traffic information via "cookies". Cookies are small pieces of digital information stored by your browser on your computer and track initial and returning visits, browsing patterns on our Site, and products ordered and viewed. Our cookies do not contain personally identifiable information, but they enable us to identify you as a repeat visitor and help us personalize your southbeachdiet.com . experience. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the "Help" section of the toolbar. For more information on how to control browser cookies, click here
You need to have cookies enabled on your computer to use our Site. If you do not accept cookies to use our Site, you may not be able to use certain resources or features of our Site.
Flash Cookies
Certain features of our Site may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on our Site. Flash cookies are not managed by the same browser settings as are used for browser cookies, and they are not placed on your computer. You may need to take additional action to manage flash cookies, which you can learn more about here
Web Beacons, Pixel Tags, and 3rd Party Cookies
South Beach Living, or third parties engaged by us, may use web beacons on some pages of this Site. A web beacon (also known as a pixel tag or clear GIF) is a graphic image which is used to better understand the browsing patterns of visitors to the page.
When the HTML code for the web beacon points to a website to retrieve the pixel image, information can be passed along such as the IP address of the computer that requested the image, the time the web beacon was viewed and for how long, the type of browser that was used, and previously set cookie values. Web beacons DO NOT pass or read personally identifiable information about you.
Web beacons work in conjunction with cookies set by trusted third parties that are used to assess the effectiveness of promotional campaigns or to optimize advertising once a user leaves a website. View your browser’s help section to determine how to configure your browser to reject or manage first-party (i.e., South Beach Living) and/or third-party cookies. South Beach Living shares aggregated information collected through web beacons to vendors for which the beacon was set to determine the success of marketing campaigns but does not disclose personally identifying information to these vendors.
Third-party ad servers may track anonymous website usage through web beacons on our Site and other websites. They do this by setting a cookie (or reading a cookie previously placed by them) on users’ computers to track the activities of users who view a web page that contains web beacons. Third-party ad servers may use information about your visits to this Site and other websites to provide advertisements about goods and services that may be of interest to you. Periodically, upon our request, third-party ad servers may report the anonymous data that they collect on our behalf back to us for our internal use and analysis and our treatment of this anonymous data is governed by the terms of this Privacy Policy. To learn more about targeted advertising, these providers, or how you may opt out, please visit the Digital Advertising Alliance’s consumer choice page at http://www.aboutads.info/choices Technologies other than http cookies may be used by third-parties in a similar way, to recognize the email recipients’ computer or device and to keep track of which user identities match to which devices or browsers, and those technologies may not respond to browser settings that block conventional cookies. You may opt out of many of these types of technologies by visiting the National Advertising Initiative’s opt out page at http://www.networkadvertising.org.
Email Tools: You can also change your email settings to block the automatic download of images in email messages, as such images may contain technologies that help us understand how you interact with the message.
How we respond to "DO NOT TRACK" signals
We do not respond to web browser "do not track" signals or other mechanisms that provide you the ability to exercise choice regarding the collection of personal information about your online activities over time and across third-party websites or online services.
We may use cookies and web beacons for insight with respect to the usage of the Site, and so that we could continually improve our customer’s experience. At times, we use third parties to analyze usage of our website. However, we do not disclose your personally identifiable information to such third parties. The tools we use to perform this tracking, including Google Analytics, and HotJar all respect Do Not Track signals from your browser.
CALIFORNIA PRIVACY NOTICE
The California Consumer Privacy Act (“CCPA”), as amended by the California Privacy Rights Act (“CPRA”), requires us to make specific disclosures about how we collect, use, and share the personal information of California residents who are subject to CCPA (“California Consumer Personal Information”). CCPA also grants such California residents certain rights related to their personal information.
This section of our Privacy Policy explains our collection of California Consumer Personal Information and includes instructions for California residents who wish to exercise their rights under CCPA. Note that this section does not apply to the personal information of California residents that we collect in the employment context or in certain business transactions. This section also does not apply to any information that may be captured by our customers using our products or services. Information about the categories of Personal Information we have collected and shared in the preceding twelve (12) months is described below:
| We may collect this category of California Consumer Personal Information. | Do we use and share this category of personal information for "business purposes?" | Do we use and share this category of personal information for "commercial purposes?" | Do we sell this Personal Information? |
|---|---|---|---|
| Identifiersreal name, alias, postal address, Internet Protocol address | YES | YES | YES |
| Customer records containing personal information | YES | NO | YES |
| Characteristics of protected classifications under California or federal law | YES | NO | NO |
| Commercial informationincluding records of personal property, products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies | YES | YES | YES |
| Internet or other electronic network activity information including, but not limited to, browsing history, search history, and information regarding a consumer’s interaction with an Internet Web site, application, or advertisement. | YES | YES | YES |
| Geolocation data | YES | NO | NO |
| Audio, electronic, or similar information | YES | NO | NO |
| Professional or employment-related information | YES | NO | NO |
| Non-public personal education information | YES | NO | NO |
| Inferences drawn from the above categories of information to create a profile about preferences | YES | YES | YES |
California Resident Rights under CCPA. Subject to certain exclusions, the CCPA, allows California residents, upon a verifiable consumer request, to request that a business that collects consumers’ personal information give consumers the following:
The categories of Sensitive Personal Information that we may collect about you are described below:
| We may collect this category of “Sensitive Personal Information” | Do we use this category of sensitive personal information for “business purposes?” | Is this category shared or sold? |
|---|---|---|
| Precise geolocation | YES | NO |
| Genetic Data: biometric information | YES | NO |
| Genetic Data: Information concerning a consumer’s health | YES | NO |
Do Not Sell or Share My Personal Information: Notice of Right to Opt-Out of the Sale or Sharing of Personal Information
We engage in the “sale” of personal information, as defined by the California Consumer Privacy Act (“CCPA”) with certain marketing co-op platforms that use customer data as part of the cooperative marketing database to help companies gain prospective new customers. South Beach Living does not knowingly sell the Personal Information of minors under the age of 16 without receiving affirmative authorization. Under California law, residents of California may request that we cease selling or sharing their Personal Information (“Request to Opt Out”).
California residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
Please provide us with the following information when making any such request:
If we are able to find your information in our system and you have made a request to be opted out of the sale of your personal information, we will complete your request and forward it to those entities with which we sell or share data and send you a confirmation.
In compliance with CCPA, we maintain records of consumer requests for at least 24 months.
Only you, or someone legally authorized to act on your behalf (“Authorized Agent”), may make a verifiable consumer request related to your California Consumer Personal Information. Please understand that we are required to verify your requests to access, delete, or correct personal information and may require you to provide some information to enable us to carry out such verification. We cannot respond to your request or provide you with California Consumer Personal Information if we cannot verify your identity or authority to make the request and confirm the California Consumer Personal Information relates to you.
Use of authorized agents
You may use an authorized agent to make a Request to Opt-Out, a Request to Limit Use of Disclosure, a Request to Know, a Request to Correct, or a Request to Delete. To do so, please have your authorized agent contact us using one of the methods, and providing the requested information above, to make the request. Please note that your agent must provide us with a signed document evidencing your authorization for the agent to operate on your behalf related to these requests. We may also ask to contact you to verify the request.
Please note that under the California Regulations and the California Consumer Privacy Act, a copy of your agent’s request will be kept.
If any request under California law is denied or denied in part, you will be alerted to that fact and provided an explanation.
Making a verifiable consumer request does not require you to create an account with us. We will only use California Consumer Personal Information provided in a verifiable consumer request to verify the requestor's identity or authority to make the request.
California’s "Shine the Light" law. California’s Civil Code section 1798.83 requires certain businesses to respond to requests from California customers asking about the businesses’ practices related to disclosing personal information to third-party businesses for the third-party businesses’ direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third-party businesses for the third-party businesses’ direct marketing purposes if the customer has exercised an option to opt-out of such information sharing. We have such a policy in place. As discussed above, if you wish to opt-out of our sharing of your information with third party businesses for the third-party businesses’ direct marketing purposes, please opt-out here. You can also make a request, by sending us an email at privacy@southbeachdiet.com or writing to us at the address listed below. Indicate in your email or letter that you are a California resident making a “California Shine the Light” inquiry.
If you are a Nevada resident, under Privacy and Security of Personal Information Chapter of the Nevada Revised Statutes Section 603A (“603A”), you have the right to submit a verified request to us, directing us not to make any sale of certain personal information that we have collected or will collect about you. Nevada residents who wish to exercise their rights under this section can email us via the web . Please indicate you are a Nevada resident making a “Nevada Opt-Out” request
We collect and process the Personal Information of Virginia residents as described in the California Privacy Disclosure. Beginning on January 1, 2023, under the Virginia Consumer Data Protection Act, Virginia residents have the rights to access, correct, delete, and obtain a portable copy of their personal data and to opt out of the processing of their personal data for the purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Virginia residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
Please provide us with the following information when making any such request:
Please indicate you are a Virginia resident when making a request.
We collect and process the Personal Information of Colorado residents as described in the California Privacy Disclosure. Beginning on July 1, 2023, under the Colorado Privacy Act, Colorado residents have the rights to access, correct, delete, and obtain a portable copy of their personal data and to opt out of the processing of their personal data for the purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Colorado residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
Please provide us with the following information when making any such request:
Please indicate you are a Colorado resident when making a request.
We collect and process the Personal Information of Connecticut residents as described in the California Privacy Disclosure. Beginning on July 1, 2023, under the Connecticut Data Privacy Act, Connecticut residents have the rights to access, correct, delete, and obtain a portable copy of their personal data and to opt out of the processing of their personal data for the purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Connecticut residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
Please provide us with the following information when making any such request:
Please indicate you are a Connecticut resident when making a request.
We collect and process the Personal Information of Utah residents as described in the California Privacy Disclosure. Beginning on December 31, 2023, under the Utah Consumer Privacy Act, Utah residents have the rights to access, delete, and obtain a portable copy of their personal data and to opt out of the processing of their personal data for the purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Utah residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
Please provide us with the following information when making any such request:
Please indicate you are a Utah resident when making a request.
We collect and process the Personal Information of Oregon residents as described in the California Privacy Disclosure. Beginning on July 1, 2024, under the Oregon Consumer Privacy Act, Oregon residents have the rights to access, correct, delete, and obtain a portable copy of their personal data and to opt out of the processing of their personal data for the purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Oregon residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
Please provide us with the following information when making any such request:
Please indicate you are an Oregon resident when making a request.
We collect and process the Personal Information of Texas residents as described in the California Privacy Disclosure. Beginning on July 1, 2024, under the Texas Data Privacy and Security Act, Texas residents have the rights to access, correct, delete, and obtain a portable copy of their personal data and to opt out of the processing of their personal data for the purposes of targeted advertising, sale, or profiling in furtherance of decisions that produce legal or similarly significant effects concerning you. Texas residents who wish to exercise any such rights listed above, please contact us by phone or web as follows:
Please provide us with the following information when making any such request:
Please indicate you are a Texas resident when making a request.
Your Consent and Notification of Change
By using our Site, telephone consultation, or mailing in requests for information you consent to the collection and use of your information by Us. If you do not want to receive additional promotions from us, please let us know by opting out here . If you do not agree to the terms of this Privacy Policy, you should not use our Site or app.
If at some point in the future, there is a change to our information usage practices that affect your personally identifiable information, we will notify you by email or by posting the change on our Site, depending on the change. Accordingly, you should check this posted Privacy Policy for changes. All amended terms automatically take effect 30 days after they are posted.
Corrections/Updates
To make changes to any of your personal information, including name, username, password, shipping address, and telephone number, you can visit the My Account section of the South Beach Living web Site or call us at 1-800-536-6922
Household members may not make changes to your account information or cancel or renew your account without your express permission.
If you want to subscribe to our e-newsletter, we only require your email address. You may unsubscribe at any time by following the opt-out directions set forth below.
UNSUBSCRIBE FROM EMAIL
Consumer with an account with South Beach Living
Step 1: Click here Unsubscribe OR Log into My Account
Step 2: In My Profile, Select “Change My Account and Contact Preferences”
Step 3: Email Preferences, update email preferences accordingly
If you opt-out of promotional or newsletter emails from South Beach Living, we may continue to send you certain transactional communications, such as service announcements and administrative messages relating to your account with us that are necessary to our relationship with you.
Please be aware, at times customers may receive South Beach Living offers, which are NOT South Beach Living. This happens when an individual, at some point while browsing on the web, may opt to receive emails on a third party’s website to get information on diet or wellness.
Unsubscribing takes 7 to 10 business days for the cycle to run through and update.
Consumer without an account with South Beach Living
If you are receiving unwanted emails and you do not have an account with South Beach Living, see one of the following suggestions to remove emails:
Unsubscribing takes 7 to 10 business days for the cycle to run through and update.
UNSUBSCRIBE FROM PHYSICAL MAIL
Step 1: Log into My Account
Step 2: In My Profile, Select Change My Account and Contact Preferences
Step 3: After entering the Contact Preferences section, select the check box to opt out of direct mailers
OPT OUT OF PHONE CALLS
Step 1: Log into My Account
Step 2: In My Profile, Select Change My Account and Contact Preferences
Step 3: Call Preferences, update call preferences accordingly
OPT OUT OF TEXT MESSAGES
Type STOP to the Text Message
Links
Our Site may contain links to third-party websites, which may have privacy policies that differ from our own. If you click on a link to a third-party site, you will be taken to a site we do not control. We are not responsible for the activities and practices that take place on these sites. Accordingly, we recommend that you review the privacy policy posted on any site that you may access through our Site.
Storage of Information
Information we maintain may be stored in or outside of the United States. If you live outside of the United States, you understand and agree that we may transfer your personal information to the United States. This Platform is intended for use in the United States and is subject to the laws of the United States, which may not provide the same level of protections as those in your own country.
South Beach Living welcomes your questions and comments about privacy and/or this policy. Please send an email to: privacy@southbeachdiet.com. You may also write us at the following address:
South Beach Living1100 Virginia Drive, Suite 175Fort Washington, PA 19034 Re: South Beach Living Privacy Policy
Terms and Conditions
Please also read the Terms and Conditions on the Site to understand additional terms and conditions which apply to the use of our Site.
Privacy Policy last updated May 1, 2024.