Last Revised: May 22, 2019
By using the Website or by downloading or using the HMR Mobile App, including when you use the Website or the HMR Mobile App to support your participation in an HMR Program, you agree to the terms and conditions of this Policy, so please read the Policy carefully. If you do not agree with this Policy, please do not use the Sites.
Processing of Personal Information in the United States
INFORMATION WE COLLECT
When you use the Website or the HMR Mobile App, we collect certain information from you, including certain Personal Information. "Personal Information" as used in this Policy means any information that identifies, or is used by or on behalf of HMR to identify, an individual.
Information You Provide To Us
We collect information that you provide to us in order for you to use certain features on the Website, or to use the HMR Mobile App, as follows:
Account Creation: When you register and open and HMR account ("Account"), we only require you to provide your first and last name, email address, and a password that you create. In addition, if you are participating through an employee, health care provider or other wellness program and are provided with a referral code and an ID for such participation, we will collect this information from you as part of your registration.
Using the Website without an Account: When you navigate and access the Website without opening and Account, you can take advantage of certain specific interactive uses, such as "guest" purchases of HMR Products or "clinic inquiries" to help you find a local HMR Program. You may also subscribe to emails from HMR, share material on the Recipes and Resources Pages, take advantage of the "Contact Us" feature, request information about starting an HMR Program or learn more about HMR. When using the Website without creating an Account you will be asked to provide the Personal Information or business information to allow HMR to perform the activity or provide the information you request, and you will be added to one or more HMR databases for future communications.
Purchase of HMR Products: When you order HMR meal replacement products ("HMR Products") through the Website, or through the HMR Mobile App, we ask you to provide certain information, including shipping information, credit and debit card or other payment information, and in the case of our "auto delivery" service, related information such as food preferences.
Tracking Weight Management Progress: If you choose to use the HMR Mobile App to track your weight management progress and related information, we will ask you to provide your telephone number, birth date, weight, height, gender, diet, exercise and weight-loss goals. This information may also be input by an HMR program coach after receiving it from you and used as described below.
Recipes and Resources: If you use the HMR "Recipes and Resources Pages" and wish to make comments on or "like" recipes, success stories, articles, and other posts, or contribute to Forums or start Forums you must first create an Account, after which you will be assigned a Community ID consisting of your first name and last name initial (you may also provide a picture which is optional). Keep in mind that your Community ID is visible to all viewers.
Survey Responses: If you choose to reply to a survey on the Website, we or our third party service providers may request Personal Information such as your email address. Such third party service providers are obligated by contract to use your Personal Information only for the purpose of performing services for us.
Phone Program: If you do participate in the HMR Healthy Solutions Program with phone coaching (the "Phone Program"), HMR will also collect additional Personal Information as described below in IMPORTANT DISCLOSURES REGARDING THE PHONE PROGRAM.
Information Collected Passively
As you navigate around the Website or use the HMR Mobile App, we use various technologies to passively collect (that is, gather without you actively providing the information) certain information. In general, none of this information is "Personal Information" as defined in this Policy. We and our third-party service providers passively collect and use this information in a variety of ways, including:
Through your browser: Certain information is collected by most browsers, such as your Media Access Control (MAC) address, computer type (Windows or Macintosh), screen resolution, operating system version, and Internet browser type and version. We may collect similar information, such as your device type and identifier, if you access the Website through a mobile device.
You can refuse to accept these cookies by following your browser's instructions; however, if you do not accept them, you may experience some inconvenience in your use of the Website. You may also not receive advertising or other offers from us that are relevant to your interests and needs. To learn more about cookies, please visit http://www.allaboutcookies.org/
Using Flash cookies: Our Website uses Adobe Flash technology (including Flash Local Stored Objects ("Flash LSOs")) which allows us to, among other things, serve you with more tailored information, facilitate your ongoing access to and use of the Website, and collect and store information about your use of the Website. If you do not want Flash LSOs stored on your computer, you can adjust the settings of your Flash player to block Flash LSO storage using the tools contained in the Website Storage Settings Panel. You can also control Flash LSOs by going to the Global Storage Settings Panel and following instructions (which may include instructions that explain, for example, how to delete existing Flash LSOs (referred to as "information" on the Macromedia Website), how to prevent Flash LSOs from being placed on your computer without your being asked, and (for Flash Player 8 and later) how to block Flash LSOs that are not being delivered by the operator of the page you are on at the time). Please note that setting the Flash Player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications, including, potentially, Flash applications used in connection with the Website or our online content.
Using pixel tags, web beacons, clear GIFs, or other similar technologies: These may be used in connection with some Website pages and HTML-formatted email messages to, among other things, track the actions of Website users and email recipients, measure the success of our marketing campaigns, and compile statistics about Website usage and response rates.
IP Address: Your IP Address is a number that is automatically assigned to the computer that you are using by your Internet Service Provider. An IP Address is identified and logged automatically in our server log files whenever a user visits the Website, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the Internet and is done automatically by many Websites. We use IP Addresses for purposes such as calculating website usage levels, helping diagnose server problems, and administering the Website.
Device Information: We collect a unique device identifier for your mobile device, which enables us to identify your device for purposes of sending you certain notifications (for example, weekly weigh-in reminders).
HOW DOES HMR USE THE PERSONAL INFORMATION COLLECTED THROUGH THE WEBSITE AND/OR THE HMR MOBILE APP?
HMR uses the Personal Information it collects through the Sites for a number of purposes, including:
- To fulfill your requests. We will use Personal Information you provide in order to fulfill the purposes for which you are providing the information, such as to fulfill any orders you request, to send you information you may request about our products and services, including in the form of newsletters, videos, emails, and other resources you have requested.
- To send you confirmations, notifications, and administrative communications. We will use your Personal Information to help to manage and maintain your Account and the interactive uses you select, and to send you important information, such as order confirmations, updates on order status, changes to our terms, conditions, and policies and/or other administrative information, and to enable us to send certain notifications to your mobile device. If you use this Website and/or the HMR Mobile App to keep weight-loss and lifestyle records, we may follow your progress from time to time and send you motivational and similar emails in an effort to maximize the digital support you receive as part of the HMR Program experience, including emails to celebrate successes such as weight-loss milestones and custom content tailored to your needs and interests. If you are in the Phone Program and have an HMR Health Coach, she or he will also utilize the information that you provide in these records as part of the support they provide in and outside of Phone Program group classes.
- To improve our operations and services. We may use Personal Information you provide, as well as the non-personal information gathered passively to customize and personalize certain of HMR's online resources and communications for you. For example, HMR may use your Personal Information to remember your personal preferences and selections; confirm whether you have read or clicked on certain email communications we send to you; and to identify additional services and promotions for you.
- To provide information about HMR Products and Services. We may add Personal Information we collect from you to one or more HMR email and other databases to contact you from time to time with information about HMR, the HMR Programs, HMR Products, and offer additional services and promotions that we believe you might find interesting. We will add you to such databases when you make purchases, create an account and/or opt-in to receive email communications.
- For internal business purposes. We also may use Personal Information about you for our internal business purposes, such as to conduct data and Website usage analysis in order to enhance the design and functionality of the Website; to evaluate options for developing new products and improving our services; to conduct market research for improving and developing the HMR Programs and the content we use to promote and offer the HMR Programs; and to determine the effectiveness of our promotional campaigns. These uses may also include data analysis, audits, developing new products, enhancing our website, improving our products and services, identifying Website and HMR Mobile App usage trends, and determining the effectiveness of our promotional campaigns.
- Compliance Auditing. HMR may also use Personal Information to audit its online resources for authorized access and security.
- Reports to Your Local Program or Sponsor if you are "Associated" with the Program or Sponsor. Your local HMR Program or other independently owned and operated HMR Program with which you have a relationship ("Your HMR Program") may provide you with a URL to register your "association" with Your HMR Program on this Website, either through a Client Association Form ("CAF") or directly by bringing you to this Website (Digital Pathway) as part of participating in a Remote Program or otherwise setting up an account on the Website. In some cases these URLs may be provided as part of entering an HMR-sponsored sweepstakes and in other cases Your HMR Program may register your "association" on your behalf pursuant to a consent form or email through which you authorize them to do this. Some "sponsoring" employers and health care providers may also use the sponsor code you are given to use when registering for a Remote Program as a means by which to "associate" you with them in connection with your use of this Website. Additionally, if you elect to receive information directly from Your HMR Program when you come to this Website on your own or through a link provided by Your HMR Program, you will also be "associated" with Your HMR Program. HMR may also "associate" you with Your HMR Program to the extent you indicate that you have participated in, or connected with, Your HMR Program in the past when communicating with HMR through other means such as entering an HMR-sponsored sweepstakes. When you become "associated" with Your HMR Program, HMR will identify you as such and will provide Your HMR Program with confirmation that you have become "associated" and will additionally provide compensation for any purchases of HMR Products that you may make on this Website or through third party channels acting as selling agents for HMR Products like an independent website and related information about your purchases, including amounts and type of product purchased and programs joined. "Association" will also allow HMR and Your HMR Program to provide more targeted and relevant emails and other Website features and communications to you that may enhance your experience with Your HMR Program, this Website, and your use of HMR Products.
HMR may use and disclose aggregated information about users of the Website and/or HMR Mobile App, and may use and disclose de-identified information for any purpose. "De-identified information" is information that HMR reasonably believes does not contain any personally identifying information about you or any other person. If we combine information that is not personally identifiable information with information that is (such as combining your name with your geographical location), we will treat the combined information as Personal Information as long as it is combined.
WITH WHOM DOES HMR SHARE INFORMATION IT COLLECTS THROUGH THE WEBSITE OR THE HMR MOBILE APP?
We may share the Personal Information we collect through the Website or the HMR Mobile App in the following circumstances:
- With third party vendors who provide services to assist our operations, such as to help process your orders for HMR Products and to deliver those HMR Products to you, to facilitate our communications with you, to respond to your inquiries and comments, and to maintain, improve and enhance the functionality of the Website and/or HMR Mobile App. In the case of a "guest" purchase of HMR Products, HMR will maintain credit card information only long enough to process your order and close out any order management. If you sign up for HMR's "auto delivery" service, your credit card information is processed and maintained by a third party service provider. Our third party vendors are contractually bound to keep your Personal Information confidential and to use it only for the purposes for which we disclose it to them.
- If you use an interactive feature on the Website without creating an Account, we may provide your Personal Information to third parties to fulfill the purpose for which you provided the information. For example, we will provide your contact information to a local HMR Program (Your HMR Program) if you elect to receive information from Your HMR Program when you come to this Website or through a link provided by Your HMR Program. Your HMR Program will then contact you with information about their program and services as they determine. If you submit your personal information in this way, we will also "associate" you with Your HMR Program and share information regarding your purchases of HMR Products with Your HMR Program as described above.
- If you register your "association" using a URL provided by Your HMR Program through a CAF or by connecting to the Digital Pathway, or, in some cases, through a sponsor code or authorization you provide to Your HMR Program giving them permission to register your "association" with them, all as described above, including through an entry in HMR-sponsored sweepstakes, we will share your name and product purchase information with Your HMR Program or sponsoring employer or health care provider and related information about any program option you may have selected. Also, if you indicate in other communications with HMR, such as part of entering an HMR-sponsored sweepstakes, that you have participated in, or connected with, a local program, we will "associate" you with that program (Your HMR Program). In all such cases, you will be identified as "associated" with the local program (Your HMR Program) that provided the URL or your sponsoring employer or health care provider bringing you to the Website, or the local program in which you indicated you had participated or with which you had connected.
- In some cases, your requesting information about a different local program or placing an order for HMR Products using the Digital Pathway may result in your becoming "associated" with a new local HMR program. If you have any questions about becoming "associated" or changing your "association" please contact us by phone at 1-800-418-1367 Monday - Friday, 9:00 am - 6:00 pm (Eastern).
- With third parties for business reasons in the event HMR determines to reorganize or divest its business through sale, merger, or acquisition, in which case your Personal Information may be shared with actual or prospective purchasers who have agreed to keep such Personal Information confidential and use it only for the purposes for which we disclose it to them.
- To comply with any court order, law or legal process, or to respond to any government or regulatory request.
- With your consent.
HMR does not allow third parties to collect the Personal Information of visitors to our Website or users of the HMR Mobile App by tracking such visitors' or users' usage over time.
Information Collected Passively
We may use and disclose Information Collected Passively for any purpose, except where we are required to do otherwise under applicable law (for example, if we are required to treat such information as Personal Information).
HMR uses the Google Analytics for Firebase Service. Information about how Google uses information can be found at http://www.google.com/policies/privacy/partners/.
WHAT CHOICES DO YOU HAVE ABOUT HOW HMR COLLECTS, USES, AND DISCLOSES PERSONAL INFORMATION?
Submitting Information: You may choose not to submit Personal Information to HMR online by electing not to enter any Personal Information into a form or data field on the Website. You may also elect not to create an Account or use the HMR Mobile App. However, you should be aware that some of the online resources available on the Website are available only to individuals who provide Personal Information, and you will not be able to use the HMR Mobile App without providing Personal Information.
Limiting Uses and Disclosures of Information Collected: If you do submit your Personal Information to us, you can limit certain uses of the Personal Information by selecting among options provided with respect to such use, either at the time you enter the information or at a later time. For example, if you have signed up to receive optional email communications, you may opt out of receiving such communications from us in the future by visiting the Website or other online resource where you subscribed (where available), and updating your email communication selections, or you may follow the unsubscribe or opt-out instructions in the email communications you receive form us. You also may opt out by contacting us using our contact information provided below.
If you do not want us to verify whether you have received or opened email communications we have sent to you, you should opt out of receiving those email communications altogether (using one of the approaches described above), because in some cases we may not be able to turn off email verification.
If you would like to opt out of the cookies used by other companies who deliver email communications on our behalf or place HMR advertisements on other websites, you may do so by following the options provided by the Network Advertising Initiative at http://www.networkadvertising.org/optout_nonppii.asp.
THIRD PARTY CONTENT
The Sites may contain links to third party sites, or content or applications that are served or provided by third parties. The information gathering and retention policies of those third parties are governed by the privacy policies of such third parties. You should review the privacy policies of those third parties to understand the information they collect and how it is used.
HOW DOES HMR SECURE YOUR PERSONAL INFORMATION?
HMR takes reasonable steps to protect the security of your Personal Information as it is transmitted from your computer to the Website or the HMR Mobile App and our servers, as well as to protect the Personal Information once we possess it from unauthorized access, disclosure, alteration, or destruction. Security measures and tools are in place to help protect against the loss, misuse, and alteration of your Personal Information in our possession. However, no data transmission over the Internet or data storage system can be guaranteed 100 percent secure. It is your personal responsibility to secure your email and password for your Account and the HMR Mobile App and thereby prevent unauthorized access by others to your Personal Information maintained in your Account or HMR Mobile App.
HOW DOES HMR PROTECT THE PRIVACY OF CHILDREN?
This Website is not directed at children. Most of the online services that we offer are designed for individuals who are 18 years of age or older, and we do not knowingly collect information from children under age 13.
HOW MAY YOU ACCESS AND CORRECT YOUR PERSONAL INFORMATION?
You may access and correct your Personal Information through your Account at any time. By signing into your Account you will be able to select from a menu of options where edits and changes can be made. The menu includes a My Account section where you can make changes to your name, password, and personal profile, which includes items such as an optional photo. You will also be given menu options for making changes to your shipping address, billing information, as well as options for managing your orders. However, in rare circumstances, your ability to access or alter your Personal Information could be limited where such access or alteration would inhibit HMR's ability to do any of the following: comply with a legal or ethical obligation to investigate, make or defend legal claims; result in disclosure of Personal Information about a third party; result in breach of a contract; or entail a disclosure of trade secrets or other proprietary business information belonging to HMR or a third party. Should you have questions regarding how you may access and correct your Personal Information please contact HMR at 1-800-418-1367.
IMPORTANT DISCLOSURE REGARDING THE HMR HEALTHY SOLUTIONS PROGRAM WITH PHONE COACHING ("PHONE PROGRAM')
By enrolling in the Phone Program, you expressly agree to the use of your personal health and contact information as described herein. This use of information as described in this section about the Phone Program applies to both the weight-loss phase (Phase 1) and the maintenance phase (Phase 2) of the Phone Program.
Information Collected from Participants in the Phone Program
When you register to participate in the Phone Program, HMR will collect the following information: your name, date of birth, sex, initial weight, height, weight-loss goal, food order preference (lactose-free, vegetarian), credit card information, telephone number, email address, and mailing/billing address. As you participate in the Phone Program, you will provide additional data including weight change, use of meal replacement products, physical activity levels, intake of fruit and vegetables, and other adherence measures of the diet.
As part of the Phone Program, you will participate in weekly group phone sessions with other participants. In the case of programs sponsored by employers, insurers or health care providers ("Sponsors") for their employee and patient populations, some of these other participants may be co-workers, people from your community, etc. (this could also happen randomly without involvement of a Sponsor). These phone classes involve verbal exchanges among the participants including information about each participant's experience in the Phone Program. Thus, as a participant, you will be expected to share some Personal Information with the other participants and also the health coach leading the group phone classes, as well as other health coaches who may advise on, participate in, evaluate, or otherwise contribute to the Phone Program.
As a participant in the Phone Program, you will be communicating with HMR staff via phone and email. Please use your best judgment in emailing Personal Information and note that phone communication is an alternative.
HOW DOES HMR USE YOUR PERSONAL INFORMATION DURING YOUR PARTICIPATION IN THE PHONE PROGRAM?
HMR uses and discloses the Personal Information it obtains about you as a participant in the Phone Program as follows:
- To help you fulfill the goals of the Phone Program, including by informing you about HMR's products and services, as well as to obtain the agreed-upon payment from you for the purchase of HMR Products necessary for us to offer you the Phone Program and achieve the objectives described above. This may include contacting you by email, phone, fax, and/or text message using the contact information you provide to HMR as part of the enrollment process or subsequently. We may contact you periodically via email to follow up on your progress post participation in the Phone Program.
- To contact you regarding (i) your potential participation in Phase 2 of the Phone Program (the Maintenance Phase) or any other program option offered by HMR, and (ii) to follow up on your progress after you have completed your participation in the Phone Program.
- In health coaching activities, such as to train coaches or provide information to others to support your weight-loss program or to help others implement weight-management programs.
- To help HMR operate, maintain, and offer a high-quality, phone-based weight-management program and other HMR Programs, including sharing such information with third party vendors, staff of HMR Programs (including licensed programs), parties interested in becoming licensed to offer HMR Programs and acting as consultants. For example, in order to ensure the highest quality weight-management services, HMR staff members receive focused, ongoing training. This training occurs in a variety of ways. For example, training is sometimes done by recording participants' weekly classes and individual phone calls and playing recordings for the benefit of staff and their trainers - and this may include telephone calls or classes where some of your Personal Information is disclosed. These types of recordings may be an effective educational tool to help health care providers, staff, students, and other related parties practice or improve their skills and to develop and/or implement similar weight-management programs. Sometimes HMR staff, staff of HMR Programs (including licensed programs), parties interested in becoming HMR Programs, or third parties hired by HMR will monitor Phone Program classes as part of their training as health coaches or other weight-management specialists, or in the role of trainers themselves, or simply to determine if such party might wish to become or offer an HMR Program. Sometimes persons outside HMR doing research in the field of obesity treatment or third parties serving in a consulting capacity to HMR will be permitted to listen and learn more about how the Phone Program operates. Sometimes a participant's spouse, other family member, or close friend will also join the phone call to learn more about caring for that participant. Occasionally a person being considered as a new HMR employee may listen to the call to help us and this person better assess whether this person is a good fit at our Phone Program. It is also important to have a system that allows HMR's group of health coaches flexibility to substitute for each other from time to time and this requires allowing other health coaches access to your Phone Program records. All of these activities positively impact the quality of the Phone Program and help support overall operations of our weight-management program.
De-identified Information may be shared with Sponsors who may be your employer, insurer, or healthcare provider (or affiliates of same) if you are participating in the Phone Program through a Sponsor arrangement (usually identified by a Code provided to you by the Sponsor and required for registration when you set up your Account or in some cases when you check out). Nonetheless, it is possible that your employer, insurer, or healthcare provider may become aware that you are participating in the Phone Program if they are acting as the Sponsor of the Phone Program in which you enroll.
HOW WILL I KNOW IF HMR HAS UPDATED THIS POLICY?
HOW MAY YOU POSE QUESTIONS ABOUT THIS POLICY?
If you have any questions about this Policy, our data collection, use and disclosure practices, or the HMR Program for Weight Management generally, please contact us at:
HMR Weight Management Services Corp.
99 Summer Street
Boston, MA 02110
You can also contact us by phone at 1-800-418-1367, Monday-Friday, 9:00 am - 6:00 pm (Eastern) or by clicking here or on the "Contact Us" link at the bottom of each page of the Website. We will use reasonable efforts to respond promptly to your requests, questions or concerns. We may contact you for follow-up information and, except where required by law, HMR cannot ensure a response to questions or comments regarding any topics unrelated to this Policy or to HMR's privacy practices.