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Last Updated: November 18, 2020
IMPORTANT INFORMATION: YOU SHOULD CONSULT WITH A PHYSICIAN BEFORE STARTING ANY DIET OR EXERCISE PROGRAM. ANY DIET PROGRAM MAY POSE HEALTH RISKS IF NOT EVALUATED WITH YOUR CURRENT MEDICAL CONDITION AND SHOULD BE ASSESSED BY A MEDICAL PROFESSIONAL TO DETERMINE IF IT IS RIGHT FOR YOU.
Purchase of HMR Products
Your purchases of HMR Products through the Sites are governed by additional terms and conditions which you will need to review and accept at the time of purchase. All descriptions of HMR Products and HMR Product pricing are subject to change at any time without notice, at HMR's sole discretion. HMR reserves the right to discontinue any HMR Product at any time. HMR may limit, at its sole discretion, the sales of its HMR Products or services, or quantities thereof, to any person, geographic region, or jurisdiction. HMR may exercise this right on a case-by-case basis. Any offer for any product or service made on the Sites is void where prohibited. If you elect to purchase HMR Products through the Sites, you agree to provide current, complete, and accurate purchase and account information.
HMR Remote Programs.
Health-related information changes frequently and therefore, information contained on the Sites may be outdated, incomplete or incorrect. Applying this information in a particular situation remains your responsibility, and you should consult a doctor or other qualified healthcare professional regarding any questions you have about your health or before making any decisions related to your health or wellness. If you are a doctor or other qualified healthcare professional, you should not allow the content of the Sites to substitute for your own medical judgment, which you should exercise in evaluating the information on the Sites. PLEASE DO NOT RELY ON THE SITES FOR ANY MEDICAL DIAGNOSIS OR TREATMENT RECOMMENDATION OR OTHER HEALTHCARE ADVICE. You expressly acknowledge and agree that HMR and its affiliates as well as its and their respective employees and suppliers are not responsible for the results of your decisions resulting from the use of the Sites, purchasing HMR Products, joining a Remote Program or choosing to seek or not to seek professional medical care. HMR and its affiliates as well as its and their respective employees and suppliers shall not be liable for any loss, injury, illness, damages, or claims of any kind resulting from your use of the Sites or your reliance on the content of the Sites, including without limitation, your failure to timely read messages you may receive through the Sites. THE SITES HAVE NOT BEEN EVALUATED BY THE FOOD AND DRUG ADMNISTRATION OR ANY EQUIVALENT REGULATORY AUTHORITY IN ANY OTHER JURISDICTION. THE SITES ARE NOT INTENDED TO DIAGNOSE, TREAT, MITIGATE, ALLEVIATE, MONITOR, CURE, PREVENT, OR COMPENSATE FOR ANY DISEASE, CONDITION, INJURY, HANDICAP OR DISABILITY. PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL.
Recipes and Resources Pages - Community Activities
HMR has created the "Recipes and Resources Pages" to share information and the experiences of the many people who have participated in HMR Programs, used HMR Products, or in some other way have brought, or would like to bring, HMR's approach to weight management and healthy lifestyles into their lives. You may view the Recipes and Resources Pages and share the content on these pages without creating an Account. However, you will need an Account and a Community Use ID with your first name and the initial of your last name - you may also provide a picture - in order to engage in certain activities on the Recipes and Resources Pages, such as posting, amending and deleting comments from time to time, to also amending and deleting those comments from time to time, "liking" content, and contributing to or starting Forums (collectively, "Community Activities"). Currently, the Recipes and Resources Pages are not allowing new user submitted recipes, success stories or articles, but the pages do contain many of these items we have brought over from past websites sponsored by HMR. The focus of the Recipes and Resources Pages is on building a relationship among HMR-connected people and those who many be interested in HMR to further our mission (to improve the health of others). As part of building an HMR community, you will have the opportunity to submit ideas for, and user-generated content on, HMR sponsored Forums, etc. It is our hope that you will get support from the HMR content and from the content submitted by other users. Keep in mind that any content that you post will be considered non-confidential and non-proprietary, and that you are granting to HMR an irrevocable, perpetual, royalty-free, worldwide, transferable license to use, reproduce, modify, display disclose, distribute, publish, and make derivative works from such content for any purpose. User-submitted content will be subject to review. In some cases, HMR may make minor edits. HMR will remove any user-generated content that it feels is inappropriate or conflicts with the rights of those who own such material. In doing so, HMR will use its own judgment consistent with the spirit of the Sites. We know that the vast majority of users understand the importance of demonstrating respect for others as part of using the Sites. Although we review user-submitted content on a regular basis, in the end, it is largely up to you, our users, to decide what is appropriate. In getting to know many of our HMR participants over the years, we are confident that you will use good judgment when contributing your thoughts, ideas, and experiences to the Recipes and Resources Pages and to the many people you will reach. Below are some common-sense "community etiquette" points and other advice for submissions:
Last Revised: November 3, 2020
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.
CCPA Notice at Collection
Under the CCPA and effective January 1, 2020, HMR includes this Notice at Collection (this "Notice") to inform residents of California and users of all states about the categories of Personal Information it collects about them and how such information is used. This Notice at Collection is intended to comply with the CCPA requirements for same and provide guidance to users who are residents of other states about Personal Information collected and its use in a summary form. Following this section there is more detail regarding Personal Information collected and uses and sources of same and the entire Policy should be read and understood. When HMR refers to "Personal Information" in this Notice and generally throughout this Policy it means any information that identifies, or is used by or on behalf of HMR to identify, an individual and is intended to include all categories of information identified in the definition of Personal Information under the CCPA.
What categories of Personal Information does HMR collect from Users of the Sites? HMR collects and creates, or may collect and create, the following categories of Personal Information about you and subject to the users you make of the Sites and the Personal Information you choose to provide:
For what purpose does HMR use each category of Personal Information that it collects or creates? HMR uses your Personal Information in a number of ways:
Beyond the "identifiers" category of Personal Information, HMR uses other categories of Personal Information listed above selectively to support the uses described above from time to time and these uses tend to match the type of category used. For example, HMR relies on your Purchase history, Internet Activity Information, and Inferences drawn from these activities to determine what changes it might make with respect to our meal replacement products, our weight management tools, and delivery of our weight management programs. It will also use this information to help support meal replacement choices for recurring purchases by auto delivery users. A more complete description of all the uses of your Personal Information is included in the next sections of the Policy - please read this Policy in its entirety to learn more.
END OF NOTICE AT COLLECTION
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 and is intended to include all categories of information identified in the definition of Personal Information under the California Consumer Privacy Act of 2018 (CCPA).
The categories of Personal Information that HMR collects and uses are listed above in the Notice at Collection. Set forth below is additional information about the Personal Information collection process and why HMR collects your Personal Information in each case.
What are the sources from which HMR collects Personal Information?
HMR collects your Personal Information in two ways: You provide us with almost all of the Personal Information collects about you. The other way in which HMR collects and creates Personal Information about you is "passively" when you use the Sites and from your use of the Sites. Please read the following sections to learn more. IT IS IMPORTANT THAT YOU UNDERSTAND THAT YOU ARE NOT OBLIGATED TO PROVIDE HMR WITH ALL OF THE PERSONAL INFORMATION HMR POTENTIALLY COLLECTS FROM ITS USERS IN ORDER TO USE THE SITES - IN MANY CASES YOU WILL ONLY NEED TO PROVIDE PERSONAL INFORMATION THAT SUPPORTS A PARTICULAR USE OR USES OF THE SITES THAT YOU WISH TO MAKE.
Personal Information You Provide To Us and Key Uses By HMR To Support Your Use Of The Sites
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 an 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-type 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. We may also collect information that identifies you as "associated" with your local HMR Program as part of account creation or modification if you choose to register with a URL provided by the local HMR Program or otherwise request information about a local HMR Program as part of your account registration or update.
Using the Website without an Account: When you navigate and access the Website without opening an 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 Personal Information or business information if you are a business 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 and you determine what Personal Information you share publicly with anyone who views these resources.
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.
Remote Program: If you do participate in the HMR Healthy Solutions Program with phone coaching (the "Remote Program"), HMR will also collect additional Personal Information as described below in IMPORTANT DISCLOSURES REGARDING THE REMOTE PROGRAM.
Personal Information Collected Passively and How HMR Uses It To Support The Sites and Your Use Of The Sites
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. 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 https://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, e.g., a user attempts to authenticate (sign in) or is authenticated to the Website or through the App.--The user’s IP Address is recorded along with the log in method, browser type, platform, country, subdivision/state, city, postal code, latitude/longitude, 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, including enabling the ability to block access to the Website from certain locations outside of the United States and its territories .
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).
WHAT OTHER WAYS DOES HMR USE THE PERSONAL INFORMATION COLLECTED THROUGH THE WEBSITE AND/OR THE HMR MOBILE APP?
Use of Personal Information we collect was itemized in the Notice at Collection at the beginning of this Policy. Some of the more obvious uses were described above (e.g., account creation) and uses associated with "passive" collection of Personal Information were also described above. This section is intended to provide additional description and identify other uses of your Personal Information collected by HMR:
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 here.
YOUR RIGHT TO REQUEST INFORMATION THAT HMR HAS COLLECTED, USED, AND DISCLOSED ABOUT YOU
The following right is extended to all residents of California in accordance with the California Consumer Privacy Act of 2018 as amended (CCPA).
You have a right to request that HMR disclose to you what Personal Information HMR collects, uses, and discloses about you. HMR does not sell your Personal Information. In order to request such information, you need to complete a request form through this link, click here, or call this toll-free number 800-418-1367 and speak with one of our representatives between the hours of 9:00 am - 6:00 pm Eastern time, Monday-Friday, excluding holidays. The form will include instructions for completion of your request and the phone representative will also provide instructions and guidance the help you submit your request. You have the right to make this request through an agent as described below.
When you make a request we will require verification of your identity. In most cases you will be asked only to provide your name and email address. In some cases, we may ask you to provide additional information or elect to use third party verification if we are experiencing difficulty verifying your identity from the information we maintain or due to the specificity of the information requested. We may also ask you to provide an affirmative declaration to validate your identity in certain cases. If we have no reasonable method by which to verify your identity to the degree of certainty required by the CCPA we will inform you of same.
YOUR RIGHT TO REQUEST THAT HMR DELETE PERSONAL INFORMATION ABOUT YOU THAT HMR HAS COLLECTED OR MAINTAINS
The following right is extended to all residents of California in accordance with the California Consumer Privacy Act of 2018 as amended (CCPA).
You have a right to request that HMR delete Personal Information HMR has collected or maintains about you. In order to request such information, you need to complete a request form through this link, click here, or call this toll-free number 800-418-1367 and speak with one of our representatives between the hours of 9:00 am - 6:00 pm Eastern time, Monday-Friday, excluding holidays. The form will include instructions for completion of your request and the phone representative will also provide instructions and guidance the help you submit your request. When you submit a Request to Delete online, you will be asked to confirm that you wish to have your Personal Information deleted following the submission of your Request. You have the right to make this request through an agent as described below.
When you make a request we will require verification of your identity. HMR will verify your Request to Delete to the degree of certainty required by the CCPA. In most cases, you will be asked only to provide your name and email address. In some cases, we may ask you to provide additional information or elect to use third party verification if we are experiencing difficulty verifying your identity from the information we maintain. We may also ask you to provide an affirmative declaration to validate your identity in certain cases. If we have no reasonable method by which to verify your identity to the degree of certainty required by the CCPA we will inform you of same.
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?
In addition to your right to request your Personal Information that HMR has collected, used, and disclosed about you, 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 GROUP PHONE AND/OR ONLINE VIDEO COACHING ("REMOTE PROGRAM')
By enrolling in the Remote Program, you expressly agree to the use of your Personal Information, including personal health and contact information as described herein. This use of information as described in this section about the Remote Program applies to both the weight-loss phase (Phase 1) and the maintenance phase (Phase 2) of the Remote Program.
Information Collected from Participants in the Remote Program
When you register to participate in the Remote 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/debit card information, telephone number, email address, and mailing/billing address. As you participate in the Remote Program, you will provide additional data including weight change, use of meal replacement products, physical activity levels, intake of fruits and vegetables, and other adherence measures of the diet.
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 classes involve verbal exchanges among the participants including information about each participant's experience in the Remote 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 Remote Program.
As a participant in the Remote Program, you will be communicating with HMR staff (outside of class participation) 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 REMOTE PROGRAM?
HMR uses and discloses the Personal Information it obtains about you as a participant in the Remote Program as follows: