This Privacy Policy will be effective as of May 24, 2018 for all users, and for users in the European Union in accordance with The General Data Protection Regulation (“GDPR”).
Remedy Health Media, LLC
Privacy Policy
Remedy Health Media, LLC (“RHM”, “we”, “us”, or “our”), on behalf of The Regents of the University of California on behalf of its School of Public Health, Berkeley (“University”), operates the following healthcare, wellness and fitness-related website: healthandwellnessalerts.berkeley.edu (the “Site”). This is the official Privacy Policy for the Site. This Privacy Policy forms a part of your legal agreement with us, along with our Terms of Use and any other Additional Terms. If you do not agree to this Privacy Policy, you are not permitted to access the Site and you should not do so.
We may refer to you or any individual that uses the Site as “you” or “your” or a “user.” If we use the term “RHM Entities,” in addition to us, that term means and includes our sponsors, affiliates, suppliers, promotional partners, operational service providers, agents and representatives.
PLEASE READ THIS PRIVACY POLICY CAREFULLY AS IT DESCRIBES HOW WE COLLECT AND USE INFORMATION COLLECTED ABOUT YOU ONLINE AND UNDER WHAT CIRCUMSTANCES WE SHARE INFORMATION ABOUT YOU. Any terms not defined in this Privacy Policy are shall have the meaning ascribed to them in the Terms of Use.
For purposes of the GDPR, Remedy Health Media, LLC is a processor of information, and each of the brands you have signed up for in connection with the purchase of a product or service is the data controller. If you have any questions about this Privacy Policy or the practices described herein, you may contact us at: privacy@remedyhealthmedia.com.
1. CHANGES TO PRIVACY POLICY. We reserve the right, in our sole discretion, to modify, add or delete provisions of this Privacy Policy at any time. When we make material changes to this Privacy Policy, we will inform you by either emailing you or posting a notice on the page from which you access this Privacy Policy. We display the effective date of this Privacy Policy at the top of this page. Your use of the Site after the effective date of any such modification, means you accept and agree to be bound by the Privacy Policy, as modified. You should come back to this web page and review this Privacy Policy regularly so that you remain aware of the terms and conditions that apply to you. You agree that neither the RHM Entities not University shall be liable to you for any damages that might result from any changes to the Privacy Policy, if any.
2. NON-PERSONAL INFORMATION COLLECTED AND HOW COLLECTED. When you access or visit the Site, we and our operational service providers (as defined in the “Disclosure to Third Parties” section below) and others who host the Site often use “cookies” and other technologies that may recognize, collect and/or transmit information that is associated with you or your device. These various technologies may recognize, collect and/or transmit information about your visits to the Site, such as your Internet Protocol (“IP”) address, the Internet or web domain that referred you, the type of operating system and browser you are using, the date and time of your visit, data relating to activities on the Site (e.g., so-called “clickstream” data) and other technological attributes about your visit to the Site. We may use this information to analyze trends, administer the Site, provide promotional material of interest to users, track user movements on the Site and gather aggregate demographic information about visitors so we can continually improve the Site.
Cookies and other technologies may also allow the Site to recognize your computer or device each time it is used to visit the Site, track how you use the Site, track your preferences for features and functions and, if the Site has registration or similar features, they can store information such as your user name and password so you don’t have to re-enter them each time you return to visit.
Third Parties that deliver advertising on the Site may use cookies and other technologies to collect user information when users respond to or interact with banner placements and/or other advertisements. The information collected does not usually identify you personally.
Most Internet browsers allow you to delete or disable cookies by changing the settings on your Internet browser. However, please note, deleting or disabling cookies may affect your ability to use certain features and functions of the Site and it may also require you to re-enter certain information each time you visit or attempt to use the Site. You should consult the operating instructions that apply to your browser to determine how to best configure your browser settings for your needs.
3. PERSONAL INFORMATION COLLECTED. The term “Personal Information” refers to any information you provide in connection with your use of the Site by which you can be personally identified. Personal Information may include such things as your name, mobile phone number, street address, telephone number, date of birth, e-mail address, photographs of yourself, credit card data when you purchase our products and services, and any other information which might reasonably be used to identify you. We may also collect Personal Information related to your health, for example, whether you have high blood pressure or what type of medicine you are taking.
We obtain Personal Information from you when you voluntarily submit it to us (or our operational service providers) or provide it on the Site in order to allow you to register, subscribe or take advantage of certain features, functions, services, activities, promotions (e.g., sweepstakes and contests), and content on the Site (these are referred to as “Content” in our Terms of Use). For example, we may collect Personal Information that you post within the community-based features, such as story comments. Please note that you may not be able to use some Content if you choose not to provide your Personal Information when requested. If you provide or submit your Personal Information to the Site, our policy is to give you the right to review, update and/or delete your Personal Information, subject to our obligations to comply with legal, regulatory or internal audit and record-keeping requirements.
4. HOW WE USE YOUR INFORMATION. We may use the information that we obtain from you, including Personal Information and information in the aggregate form: (a) to provide you with the information you have requested (e.g., emailing you health alerts) or to provide you with the services you have requested (e.g., sending you newsletters; sending you text messages; responding to your request for a consultation); (b) to improve the Content, appearance and utility of the Site; (c) to tailor your experience on the Site; (d) to track our visitors’ use of the Site for internal research purposes; (e) to monitor compliance with our Terms of Use; (f) to notify our visitors of updates to the Site; (g) to send you promotional and marketing materials; (h) to share with our partners for promotional and marketing purposes; and (i) for our internal or our business partners’ research and analysis purposes. If we or the Site collect, maintain, use or intend to share your Personal Information for purposes other than as described in this Privacy Policy, we will ensure that it is included within the Additional Terms that applies to the Site or will post a notice to you before you submit your Personal Information.
5. PUBLIC POSTINGS. The Site may permit you to make Postings (as defined in our Terms of Use). If you make a Posting to any area of the Site that may be accessed by other users (such as health-related information you place on a message board, public profile, or chat room), please keep in mind that such information can be viewed and used by anyone who uses or accesses the Site. Please do not disclose Personal Information in these areas. Any information you disclose may be used by third parties we do not control. Neither the RHM Entities nor University are responsible for any information, including Personal Information, you choose to disclose to public areas of the Site, or for any related losses or damages, whether alleged or actual.
6. CHILDREN. The Site is not intended for children under the age of 13 and we do not knowingly solicit or collect Personal Information from children under the age of 13. If you are a parent or guardian of a child under the age of 13 and believe he or she has provided Personal Information to us please notify us at privacy@remedyhealthmedia.com. If you are 13 or older but still a minor in the state in which you reside (typically under 18 years of age, or older in some jurisdictions, if the age of majority is older), you must obtain the consent of your parent or guardian before using the Site. Unless otherwise disclosed during collection, we do not knowingly provide any personally identifying information about minors, regardless of its source, to third parties, nor is this information knowingly used by us for any marketing or promotional purposes. Minors are not allowed to participate in contests or sweepstakes on the Site. If you do not satisfy this age requirement, you are not permitted to use or enter the Site.
7. THIRD PARTY LINKS. The Site may contain or display information from co-sponsors, advertisers, retailers, social networks, operational service providers or other unaffiliated third parties (each, a “Third Party”) that offer to make information, goods or services available, provide opportunities to participate in promotions or engage in activities or that link or redirect your browser to other websites, materials or organizations. Neither the RHM Entities nor University are responsible for the privacy or data use practices at these external websites. We encourage you to review the privacy policies and terms and conditions for these web sites. If you have any questions regarding the information gathering or dissemination activities of other web sites, you should consult the privacy policies and terms and conditions contained on those web sites. This privacy statement applies solely to information collected by the Site.
8. DISCLOSURE TO THIRD PARTIES. Our policy is to not sell, rent, lease, provide or otherwise disclose your Personal Information to unaffiliated entities unless specifically described here or in any other terms that may apply to your use of the Site. We reserve the right to disclose your Personal Information to any Third Party we engage for the purpose of administering, operating, configuring site design, maintaining and providing internal support for the Site and Content on the Site. These Third Parties are called “operational service providers” and provide internal support to operations and activities and for Site design, development, advertising, hosting and operations. For example, we may employ operational service providers to send direct emails on our behalf or to provide information technology support. We may also use operational service providers to display or serve advertising on the Site, run promotions, and distribute email messages or web-based newsletters and other information.
The third parties with whom we share your Personal Information include: iProduction, Google and Wiland. Our contracts with such third parties prohibit them from using any of your Personal Information for any purpose beyond the purpose for which it was shared.
We also reserve the right to make your Personal Information available to Third Parties in the following situations:
- when compelled by a governmental agency, law, regulation, a court or other legal process;
- if we believe you are, have or may violate any law, regulation, or our Terms of Use;
- to enforce our Terms of Use or any other agreements we may have with you;
- if we believe you are or may be a threat to the safety, property, interests or rights of RHM, University or others;
- in order to investigate, respond to or resolve problems or inquiries or defend our interests;
- in a merger, acquisition, change of control, joint venture or other business combination;
- when you otherwise consent.
9. AGGREGATE OR ANONYMIZED DATA. RHM may, either by itself or in coordination with its business partners and RHM operational service providers, create aggregate or anonymized data sets from the Personal Information that we collect. As a general matter, aggregate and anonymized data sets do not include your Personal Information and cannot be used to identify you. We may disclose such aggregate or anonymized data sets with our business partners; for example, our business partners may use such aggregate or anonymized data sets in order to conduct research and analysis. Our business partners include Google and Wiland.
10. REMOVAL OR DELETION OF YOUR INFORMATION/OPTING OUT. In general, at your request, RHM will remove or delete Personal Information that you have provided to us. You may do so by emailing privacy@remedyhealthmedia.com with your opt-out request. The Site may permit you to opt-out of certain Voluntary Communications (as defined in our Terms of Use) for which you have registered or subscribed to receive (e.g., newsletters) and promotional Automatic Communications (as defined in our Terms of Use). Users may unsubscribe from receiving Voluntary Communications and promotional Automatic Communications from us at any time by following the instructions contained at the end of every email.
Please note that you may continue to receive emails from us for up to ten (10) days following your unsubscribing.
11. SECURITY. We maintain a reasonable standard of security and try to limit information access to individuals who need to have such access to perform their responsibilities associated with the Site and the Content on the Site. Despite these efforts, no system can ever be 100% secure. As a result, we cannot guarantee that the Personal Information stored on our servers will be free from unauthorized access. By using the Site you are agreeing to assume this risk and any and all responsibility and liability that may arise.
12. CORRECTING OR UPDATING YOUR PERSONAL INFORMATION. If you have provided your Personal Information to us, you can update or delete it by logging into your account or contacting us at privacy@remedyhealthmedia.com. Although we may provide you with the ability to update or delete Personal Information directly on the Site, some Personal Information may not be changed or deleted by you and may require you to contact RHM for verification.
13. YOUR CALIFORNIA PRIVACY RIGHTS. California Civil Code Section 1798.83, allows individuals who have provided their Personal Information to a business to request information about disclosures of certain categories of Personal Information (if any) to third parties for their direct marketing purposes during the immediately preceding year. However, if a business adopts and discloses in its privacy policy a policy of not disclosing customers’ personal information to third parties for their direct marketing purposes unless the customer first affirmatively agrees to the disclosure, the business may comply with the law by notifying the customer of his or her right to prevent disclosure of personal information and by providing a cost-free means to exercise that right.
As stated earlier in this Privacy Policy, personal information submitted at the time of registration or submission may be used for marketing and promotional purposes only with the user’s permission. Whenever a user agrees to allow us to collect personal information, we provide the user with an option to prevent such information from being shared for marketing and promotional purposes with third parties. Furthermore, you may exercise this cost-free option at any time by using the link below to update your profile:
Because the Site has a comprehensive privacy policy and provides you with details on how you may opt-in or opt-out of the use of your personal information by third parties for direct marketing purposes, we are not required to provide you with the third party list. In addition, under California law, website operators are required to disclose how they respond to web browser “do not track” signals or other similar mechanisms that provide consumers the ability to exercise choice regarding the collection of personal information of a consumer over time and across third party websites, to the extent the operator engages in that collection. At this time, we do not track our users’ Personal Information over time and across third-party websites. This law also requires website operators to disclose whether third parties may collect personal information about their users’ online activities over time and across different sites when the users use the operator’s website. We do not knowingly permit third parties to collect Personal Information about an individual user’s online activities over time and across different web sites when using the Site, except as described in Section 9 herein.
14. THIRD PARTY ADVERTISING. We may use third-party advertising companies and advertising networks to serve ads to you on our behalf when you visit the Site. These companies may use information (not including your name, address, email address, telephone number or employment history) about your visits to the Site and other web sites in order to provide advertisements about goods and services of interest to you.
15. PURCHASE OF PRODUCTS OR SERVICES FROM THE SITE. If you purchase a product or service from the Site, information may be collected from you, including your credit card and contact information, for transfer to and use by third party providers of the product or service. Unless otherwise stated, we do not have any responsibility in connection with such purchases and all transactions and use of any customer information are the sole responsibility of the product/service provider. Be sure to review the product/service provider’s privacy policy and contact them directly if you have any questions. They may have privacy terms that differ from our Privacy Policy.
16. INTERNATIONAL USERS. The Site is hosted in the United States. If you are visiting from the European Union or other regions with laws governing data collection and use that may differ from United States law, please note that you are transferring your personal data to the United States and by providing your personal data you consent to that transfer and to our use of that information in accordance with this policy. When you provide personal data to us or our service providers or vendors, you consent to the processing of your data in the United States as the Site are operated in the United States.
YOU ACKNOWLEDGE THAT THE LAWS OF THE UNITED STATES TREAT YOUR INFORMATION IN A MANNER THAT MAY BE SUBSTANTIALLY DIFFERENT FROM, AND LESS PROTECTIVE THAN, THE TREATMENT REQUIRED UNDER THE LAWS OF OTHER COUNTRIES AND JURISDICTIONS. IF YOU DO NOT WANT YOUR INFORMATION TRANSFERRED TO THE UNITED STATES, YOU SHOULD NOT SHARE YOUR INFORMATION WITH US, OR MAKE USE OF THE SITE.
TO THE EXTENT ALLOWED BY THE LAW OF THE COUNTRY IN WHICH YOU ARE LOCATED, YOU EXPRESSLY WAIVE ANY RIGHT YOU MAY HAVE TO REQUIRE US TO TREAT YOUR IDENTIFYING INFORMATION IN ACCORDANCE WITH THE LAWS OF ANY COUNTRY OR JURISIDICTION OTHER THAN THE UNITED STATES. HOWEVER, THE FOREGOING WAIVER MAY NOT BE LEGALLY BINDING IN SOME COUNTRIES, SUCH AS THE MEMBER STATES OF THE EUROPEAN UNION. TO THE EXTENT IT IS NOT LEGALLY BINDING IN THE COUNTRY IN WHICH YOU ARE LOCATED, THIS FOREGOING WAIVER DOES NOT APPLY TO YOU.
17. THE GDPR. With respect to the European Union’s General Data Protection Regulation, or GDPR, in certain circumstances and subject to data processing agreements, you have rights in relation to the Personal Information we hold about you. We set out and outline above those rights and how to exercise those rights. Please note that we will require you to verify your identity before responding to any requests to exercise your rights by providing details only known to the account holder. To exercise any of your rights, please contact us at: privacy@remedyhealthmedia.com. Please note that for each of the rights above we may have valid legal reasons to refuse your request, in such instances we will let you know if that is the case.
18. CONTACT US. If you have any questions about this Privacy Policy, please contact us at: privacy@remedyhealthmedia.com.
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