1) YOUR PRIVACY: OVERVIEW
This privacy policy (this “Privacy Policy”) tells you about the information that WHI, LLC d/b/a Women’s Health Interactive (“WHI,” “we,” “us” or “our”) collects in connection with the operation of our website located at https://www.womens-health.com and all related online services offered by WHI (collectively, the “Service”), how the information is used and how you can access and correct certain information that we may collect.
By using the Service, you consent to the collection and use of your personal information as described in this Privacy Policy. Please note that this Privacy Policy applies only to information collected from you by WHI via the Service. It does not apply to information obtained or disclosed in offline correspondence or through other personal contacts with WHI representatives. Further, the Service may contain links to other entities’ websites that are not controlled or operated by WHI. This Privacy Policy does not apply to such third-party websites, and WHI is not responsible for the content of such third-party websites or the privacy practices of such third parties. Therefore, we encourage you to request and review the privacy policies of any third parties upon disclosing your information to such parties or visiting such third-party websites.
This Privacy Policy is effective as of February 19th, 2019
2) COLLECTION OF YOUR INFORMATION
You can access some areas of the Service without submitting any personally identifiable information. WHI collects personally identifiable information only if you choose to complete any online forms for purchases, subscribe to newsletters, or to request information or assistance through the Service. The personally identifiable information that WHI collects through these portions of the Service may include your name, email address, address and telephone number and any other personally identifiable information that you choose to include in your submissions to us. You represent and warrant that you have the right and authority to provide any information provided by you. Through requesting active user consent, WHI may also collect certain non-personally identifiable information in connection with the operation of the Service, including IP addresses, browser or operating system information, data on advertisements or links on which you click, and the websites that you visit before or after you visit the Service. WHI will obtain consent explicitly from users through clear affirmative acts. Such information and consent records are maintained by WHI or service providers acting on behalf of others.
3) PROTECTION OF YOUR INFORMATION
To prevent unauthorized access or disclosure, maintain data accuracy and facilitate the appropriate use of information, WHI uses physical, technological and administrative procedures to attempt to protect the personally identifiable information we collect through the Service. WHI takes these extensive measures to secure users’ data. Nevertheless, Internet transmissions are never completely private or secure. You understand that any messages or information you send to the Service may be read or intercepted by others, and users of the Service may be able to view your information. If you have any questions about the security of personally identifiable information collected by WHI, please contact us at support [a] womens-health.com.
In the event of a data breach, WHI would aim to detect the data breach and report it to the appropriate authorities within 72 hours. Also, if the security of user data is put at risk, then WHI will inform the affected or potentially affected users about the personal data breach within 72 hours.
4) USE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
If users register to create an account in signing up for the services or signing up for newsletters, we may collect your name, email address, physical address, birth date, gender, health information and browser and device information.
We may store details of users’ visits, such as pages visited, browser details, and interactions with any emails that we send to users. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, date/time stamp, and/or clickstream data to analyze trends in the aggregate and administer the site.
We may collect information about the computers, phones, or other devices where users access or install our Services, depending on the permissions each user has granted. This information may include the following: attributes such as the operating system, hardware version, device settings, file and software names and types, battery and signal strength, device identifiers; device locations, including specific geographic locations, such as through GPS, Bluetooth, or Wi-Fi signals; connection information, such as the name of the mobile operator or ISP, browser type, language and time zone, mobile phone number, mobile ad ID, and IP address.
Upon our collection of your personally identifiable information, WHI may use such personally identifiable information internally, separately or in combination with pre-existing information, for the following purposes:
- To provide any requested information, products or services;
- To enhance user experience;
- For internal aggregation purposes;
- To troubleshoot problems with the Service;
- To customize your experience on the Service;
- To enforce our Terms of Service or compliance with this Privacy Policy; or
- To contact you with more information about WHI and our products or services
Personally identifiable information collected on the Service may be stored and processed in the United States, Canada or abroad.
5) PRODUCTS, SERVICES AND CREDIT CARD PAYMENTS
The information you enter when making a purchase through the Service will be shared with payment processors, financial gateways, and your credit card company to authorize credit card payments. Such personally identifiable information may also be shared with necessary third parties solely for the purpose of carrying out the transactions and to investigate allegations of fraud. We may also utilize any number of third-party payment processing companies to assist with the sales process, and you may be directed to their website in order to make purchases (see, Section 1).
6) DISCLOSURE OF YOUR INFORMATION
We may disclose your personally identifiable information to our subsidiaries or affiliates and to third-party partners whom we occasionally hire to provide services on our behalf, including support services, website services, delivery of promotional materials, the answering of customer questions about our services, and new services. WHI will only provide those third-party partners with the personally identifiable information they need to deliver the services to us and/or on our behalf, and they will be contractually prohibited from using that information for any other purpose. In the event that WHI is involved in a transaction such as a merger, stock purchase or sale, or sale of substantially all of WHI assets, your personal information may be transferred to the other party in such transaction.
WHI reserves the right to disclose your personally identifiable information if required to do so by law or legal process or otherwise requested by any law enforcement officer or agency acting under color of law. In addition, WHI reserves the right to disclose your personally identifiable information based on the good faith belief that such action is necessary or appropriate to do the following: (a) protect and defend the rights or property of WHI, or (b) act in urgent circumstances to protect the safety or security of the public or of users of WHI products and the Service.
7) COOKIES
WHI may also use cookies to gather information about your visits to the Service in order to enhance your experience. A cookie is a small string of information that the website you visit transfers to your computer for identification purposes. Cookies can be used to follow your activity on the Service and that information helps us to understand your preferences and improve your experience with the Service. Cookies are also used for such activities as remembering your user name and password, if necessary. You can turn off all cookies in case you prefer not to receive them. You can also have your computer warn you whenever cookies are being used. For both options you have to adjust your browser settings (such as Mozilla, Firefox, Chrome, Internet Explorer and Edge). There are also software products available that can manage cookies for you. Please be aware, however, that when you choose to reject cookies, this choice may limit the functionality of the Service.
8) WEBSITE ANALYTICS
WHI may use third-party services to help analyze how you use our Service. These analytics services use cookies, (see, Section 7). The information generated by the cookie about your use of the Service is transmitted to the Service. This information is then used to evaluate various uses of the Service and to compile statistical reports on Service activity for us, and us alone. We will never (and will not allow any third party to) use these analytics service tools to track or to collect any of your personally identifiable information.
9) NO SPYWARE OR ADWARE
We do not install any spyware or adware in connection with our Service or distribute any commercial message or authorize any third party to distribute any commercial message, by means of spyware or adware. “Spyware” or “adware” is any software which has been downloaded to or installed on an Internet user’s computer or device, without the user’s actual consent, and facilitates the distribution of any commercial message to the user. If you feel you may have spyware from another company installed on your machine or device, there are various anti-spyware/adware software applications available on the Internet to identify if this has occurred.
10) USER-PROVIDED CONTENT
If you post any User Generated Content (as defined in the Terms of Service) you are solely responsible for the content of your messages. You should be aware that when you voluntarily disclose personally identifying information (for example, your name, street address, email address, or telephone number) on the Service, that information can be read, collected and used by other users of the Service and may result in unsolicited messages, both commercial and otherwise. You agree that by participating in such online public forums, you will not do so for any purpose that is unlawful or prohibited by the WHI community guidelines that may be in effect from time to time in connection with the Service. We reserve the right to terminate your access to the Service or to take other protective steps if you violate these terms.
11) YOUR CALIFORNIA AND EU PRIVACY RIGHTS
If you are a resident of California, pursuant to California Civil Code Section 1798.83, you may request information regarding our disclosure of your personal information to a third party for that party’s direct marketing purposes. Any such disclosure made to a third party by us would be otherwise in accordance with the terms of this Privacy Policy. To make such a request, please contact WHI through the email address or physical address listed, below.
WHI complies with the provisions of the General Data Protection Regulation (“GDPR”) made effective in the EU on May 25, 2018. WHI is committed to protecting the security of your personal information, and we take commercially reasonable technical and organizational measures that are designed to that end.
You have the right to obtain the following: (i) confirmation of whether, and where, WHI is processing your personal data; (ii) information about the purpose of the processing; (iii) information about the categories of data being processed; (iv) information about the categories of recipients with whom the data may be shared; information about the period for which the data will be stored (or the criteria used to determine that period); (v) information about the existence of the rights to erasure, to rectification, to restriction of processing and to object to processing; information about the existence of the right to complain; and (vi) information about the existence of, and an explanation of the logic involved in, any automated processing that has a significant effect on you.
Additionally, you may request a copy of their personal data being processed. You have a right to (i) receive a copy of personal data in a structured, commonly used, machine-readable format that supports re-use; (ii) transfer your personal data from one controller to another; (iii) store your personal data for further personal use on a private device; and (iv) have your personal data transmitted directly between controllers without hindrance. WHI will respond to your requests within one month, unless WHI receives a large number of requests, or especially complex requests, in which case the time limit may be extended by a maximum of two further months.
If you wish to opt out of any disclosures of your personal data to third parties or to prevent the use of your personal data for a purpose that is materially different from the purpose for which it was originally collected, you may log into your account and make changes necessary. The use of your personal data can be limited, or the information can be corrected, deleted, or exported to you or a third party of your choice, except as required by law.
You have the right to object, on grounds relating to their particular situation, to the processing of your personal data, where the basis for that processing is either public interest or the legitimate interests of the controller. WHI must cease such processing unless WHI demonstrates compelling legitimate grounds for the processing which override the interests, rights and freedoms of the website visitor or requires the data in order to establish, exercise or defend legal rights.
You have the right not to be evaluated in any material sense (e.g., in connection with offers of employment; discounts; insurance premiums; or howsoever) solely on the basis of automated processing of your personal data.
You have the right not to be subject to a decision based solely on automated processing which significantly affects you, including profiling. Such processing is permitted where it is necessary for entering into or performing a contract with you provided that appropriate safeguards are in place, it is authorized by law, or you have explicitly consented.
12) RETENTION OF YOUR PERSONALLY IDENTIFIABLE INFORMATION
The personally identifiable information that you provide will be stored and maintained by WHI until you instruct us otherwise, or, in our sole discretion, for the longer of either of the following: (a) for so long as is necessary or appropriate to carry out the purpose(s) for which such information was collected (approximately [12] months) or (b) for so long as we are required to maintain such information by law or other applicable rules or regulations.
Additionally, service users have the right to be erased from WHI’s records upon request unless WHI has a legal reason to hold users’ information. Service users can submit their requests in writing to support [a] womens-health.com.
13) CHILDREN’S PRIVACY
WHI recognizes the privacy interests of children and we encourage parents and guardians to take an active role in their children’s online activities and interests. The Service is not intended for children under the age of 13. WHI does not target its Service to children under 13. WHI does not knowingly collect personally identifiable information from children under the age of 13.
14) CHOICE AND OPT-OUT PREFERENCES
WHI does not collect your personally identifiable information unless you choose to provide it. If, at any time, you prefer not to receive further email communications from WHI (except in connection with information, products or services that you specifically request), you will have the ability to unsubscribe from such communications by means of a link provided in every broadcast email that is sent to you by WHI. If, at any time, you prefer not to receive any other form of communication from WHI, you will have the ability to unsubscribe from such communications by contacting us at support [a] womens-health.com.
If you choose to sign up for email communications from us, we comply with the CAN-SPAM Act. This means that we will utilize email to communicate with you for a number of purposes, including marketing and promotion of our services. In compliance with the CAN-SPAM Act we agree to the following: (a) not to use false or misleading subjects or email addresses; (b) to identify advertisement in some reasonable way; (c) to include the physical address of our business; and (d) to allow users to unsubscribe by using the link at the bottom of each email. In the event that we use a third-party email marketing service we will monitor the service for compliance with the foregoing.
15) ACCESS AND ACCURACY
WHI will use commercially reasonable efforts to provide access to your personally identifiable information if you request such access in writing submitted to support [a] womens-health.com.
WHI reserves the right to deny access to your personally identifiable information: (a) when such denial of access is required by law; (b) when granting you access is reasonably likely to negatively impact other people’s privacy; (c) when granting such access is cost prohibitive; (d) when denying access is necessary to protect our rights and property; or (e) when such requests are frivolous or made in bad faith.
If you believe that the personally identifiable information maintained by WHI about you is inaccurate or incomplete, you may notify WHI in writing describing in detail any inaccuracies or omissions, submitted to support [a] womens-health.com. Following receipt of such a properly submitted written notice, WHI will, within a reasonable time period, use commercially reasonable efforts to, in its sole discretion, either: (i) amend or correct your personally identifiable information to reflect corrected or additional information provided by you, or (ii) in connection with your personally identifiable information, make note of any claimed inaccuracies or omissions reflected in the notice submitted by you.
16) YOUR ACCEPTANCE OF THIS PRIVACY POLICY AND REVISIONS TO THIS PRIVACY POLICY
By using the Service, you agree to this Privacy Policy. If you do not agree to this Privacy Policy, you may not use the Service. WHI reserves the right, in our discretion, to change, modify, add or remove portions of this Privacy Policy at any time and from time to time, without prior notice to you. All revisions will be posted to the Service. We urge you to review this Privacy Policy frequently for changes. Your continued use of the Service means that you accept those changes.
17) QUESTIONS OR COMMENTS
WHI welcomes questions and comments about this Privacy Policy. Questions or comments should be directed to WHI’s privacy policy compliance department:
VIA EMAIL:
support [a] womens-health.com
VIA U.S. MAIL:
Women’s Health Interactive
117 Bernal Rd. #70-275
San Jose CA 95119-1375
