I. Information You Voluntarily Provide
When you interact with our Properties for example, placing an order, or creating a profile, we may request and collect certain information about you such as your name, e-mail address, mailing address, contact numbers, age, height, weight, credit card number, and expiration date, for the purpose of providing the Services to you. The personally identifiable information we collect when you place an order, create a profile or register for membership on or through our Properties may be used for the purposes outlined in this policy, including:
- to fulfill your requests for products and services;
- to notify you of order, delivery, and shipment statuses;
- to provide you with offers from SouthBeach and its affiliates;
- enhance your experience with us; and
- to contact you when necessary.
We may also request and collect your basic health profile information in order to use certain Services on the Properties. For example, your health and age information allows us to provide you with dietary options according to your physical profile and dietary preferences. You will be notified at registration if your profile excludes you from participation in the App and/or Site. SouthBeach will not disclose your health and age information (including self-reported height and weight) to third parties.
Credit Card and Payment Information
SouthBeach does not share any of your payment information with third parties (except to its payment processors).
Information Provided in Optional Surveys
SouthBeach periodically asks members to participate in online surveys or fill out online questionnaires concerning topics such as the effectiveness of the weight loss program, advertising effectiveness and customer satisfaction. All surveys and questionnaires are optional and the information collected will not be associated with any user’s personal information. Information gathered for these purposes may be shared with third parties in aggregated, non-personal form in order to improve customer satisfaction and program effectiveness. No personal information of any user will be connected to survey or questionnaire results.
Other Information You May Voluntarily Provide
From time to time, we may request and collect email addresses or other contact information about friends and family of our users and customers that they feel may benefit from the SouthBeach Services so that SouthBeach may send information to such people. For example, SouthBeach collects email addresses when a customer provides us with that information so that we may send out Referral Coupons. We also require the same when users utilize certain functions such as "email this to a friend" features.
Linking your account with third party applications and devices
II. Information Collected Automatically.
We also collect non-personally identifiable information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Properties. This information may be used for our own business purposes. We may link this information to personally identifiable information for these and other purposes, including personalizing your experience on our Properties. Information is also collected when you use our App, including the software application needed to utilize the App. During the installation of the Application and subsequent synchronizations, we collect non-personally identifiable information concerning your mobile device (such as the specific type of operating system and hardware you have, and the amount of free and total memory) and the Application's files on your mobile device.
Our App also collects information about your usage of the Application (such as the dates you last synced with the Internet or the dates you last used certain features). When you sync your device with the Site, we store some of this information. Our App will also perform frequent synching of information with your Wearable Device.
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 tracks initial and returning visits, browsing patterns on our site, and products ordered and viewed. Our cookies do not contain personally identifying information, but they enable us to identify you as a repeat visitor and help us personalize your experience on the Site. 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. You need to have cookies enabled on your computer in order 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.
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.
Web Beacons, Pixel Tags, and 3rd Party Cookies
We, 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 site 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 particular promotional campaigns, to manage our advertising on other sites 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 part (i.e., SouthBeach) and/or third-party cookies. We share aggregated information collected through web beacons to vendors for which the beacon was set to determine the success of marketing campaigns, but do not disclose personally identifying information to these vendors.
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.
III. Information We Collect From Third Parties
In addition, we also collect Personal Information about you from third parties in connection with our Services, including from the following sources:
- Service providers that we engage to perform portions of our Services or provide functionality or features made available through our Site or app
- Advertising providers
- Social media platforms
- Promotional partners
IV. What SouthBeach Does With Your Information
How does SouthBeach protect customer information?
Protecting your information from unauthorized disclosure is important to us. We use the industry standard technology intended to protect the security of your information. We have taken certain physical, electronic, contractual and managerial steps designed to safeguard the information we collect from you. Unfortunately, no data transaction over the Internet or stored on servers can be guaranteed to be 100% secure.
Will SouthBeach disclose the information it collects to outside parties?
We share your information (other than payment information) with third-party vendors for shipping and billing purposes and with other third-parties that provide a service for us to help us operate our business and the Site and administer activities on our behalf.
We may also provide aggregate statistics about our customers, sales, traffic patterns, and related site information to reputable third-party vendors. For example, we use Google Analytics, a service provided by Google, Inc., to gather information about how you and other users engage with our Services. For more information about Google Analytics, please visit www.google.com/policies/privacy/partners.
We do not sell your personal information. However, from time to time, we may make customer e-mail addresses and postal addresses available to other third party businesses whose products or services we believe 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 unsubscribing here. If you opt-out of promotional or newsletter emails from SouthBeach, we may continue to send you certain communications such as service announcements and administrative messages, relating to SouthBeach that are necessary to our relationship with you and your use of the Services.
In addition to what we have described above, SouthBeach may also disclose your personal information to third parties in certain limited circumstances, as follows
- as necessary if we believe that there has been a violation of our site Terms and Conditions, of the law, of our rights or of any third party;
- to respond to judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law, or otherwise as required by law; and
- to share your account information with other members of your household.
SouthBeach may also sell, transfer or otherwise share some or all of its assets, including your personally identifiable information and non-personally identifiable information, in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
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 messages and/or e-mails being sent to your mobile device. You are responsible for costs related to such services, such as 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 push notifications, e-mails 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 and/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.
To stop receiving push notifications or emails to your mobile device, please change your communication settings in the SouthBeach Diet Tracker app.
Mobile marketing campaigns may involve your sending an e-mail from your mobile device to us or a third-party campaign operator. An e-mail or other response will then be sent to your mobile device. Opting to participate in a campaign is 100% your choice. When you engage in these mobile marketing campaigns, we and the third-party campaign operator 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.
Our Bulletin Boards, Social Media Pages, Chat Rooms & Blogs
As part of our Services, we may provide support through bulletin boards, chat rooms (support groups), social media pages, The Palm and 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 e-mail 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 our Site, without any further notice to you or any remuneration therefore.
V. Your Rights and Your Consent
A Special Note to Parents or Legal Guardians
The SouthBeach Service and Properties are only intended for persons 18 years and older. For parents interested in helping children younger than 18 to lose weight, please consult a physician. Our Properties and Service are not intended for nor directed to children under the age of 13 and we shall not knowingly solicit or collect any personal information from such children. If we become aware of such collection, we will promptly delete such information.
Notice to California Customers – Your California Privacy Rights
Effective January 1, 2020, the California Consumer Privacy Act (CCPA) allows California residents, upon a verifiable consumer request, to request that a business that collects consumers' personal information give consumers the following:
- The right to request the following information regarding our use of your Personal Information:
- The categories of your Personal Information that we have collected
- The purposes for which we have collected or used such Personal Information
- The categories of sources for the Personal Information we have collected about you
- The categories of third parties with whom we have disclosed your Personal Information
- If we have disclosed your Personal Information for a business purpose, a list identifying the Personal Information categories that each category of recipient obtained
- If we have sold your personal information, a list identifying the Personal Information categories that each category of recipient purchased
- The right to receive a copy of your Personal Information.
- The right to request us to delete your Personal Information when we no longer need such data in connection with our Services (subject to certain exceptions that may apply under applicable law).
- Phone: 1-877-614-3111
- Web: Submit an Access or Deletion Request
*If you are a resident of a jurisdiction where one or more of these rights are granted to you under applicable law, and you wish to exercise any such rights listed above, please contact us by either:
Only you, or someone legally authorized to act on your behalf, may make a verifiable consumer request related to your Personal Information. Please understand that we are required to verify your request 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 Personal Information if we cannot verify your identity or authority to make the request and confirm the Personal Information relates to you.
Making a verifiable consumer request does not require you to create an account with us. We will only use 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, 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 parties for the third parties' direct marketing purposes. Alternately, such businesses may have in place a policy not to disclose personal information of customers to third parties for the third parties' direct marketing purposes if the customer has exercised an option to opt-out of such information-sharing. Accordingly, as discussed above, if you wish to opt-out of our sharing of your information with third party businesses for the third parties’ direct marketing purposes, please unsubscribe here.
Your Consent and Notification of Change
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 e-mail or by posting the change on or through our Properties, depending on the change. Accordingly, you should, from time to time, check this Policy for changes. All amended terms automatically take effect 30 days after they are posted. Also, depending on the nature of the change, you may have the option to opt-out of the new information usage by unsubscribing here.
If you want to subscribe to our e-newsletter, we only require your e-mail address. You may unsubscribe at any time by following the opt-out directions in the newsletter or by unsubscribing here.
If you opt-out of promotional or newsletter emails from SouthBeach, 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.
To make changes to any of your personal information, including name, username, password, shipping address, and telephone number, you can click in the My Account section of the SouthBeach Site or call us at 1-888-841-2620. Household members may not make changes to your account information, or cancel or renew your account without your express permission. If you have not already indicated your permission for household members to access your account at the time you placed your first order, please call 1-888-841-2620.
VI. Third-Party Websites
VII. Tell Us What You Think
SouthBeach welcomes your questions and comments about privacy and/or this policy. Please send e-mail to: firstname.lastname@example.org.
Attn: Legal Compliance
SouthBeach Diet, Inc.
701 Cool Springs Blvd.
Franklin, TN 37067
Terms and Conditions
Please also read the Terms and Conditions on the applicable South Beach Property to understand additional terms and conditions which apply to the use of such Property.