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Privacy Policy

FitnessWatch-MD.com is brought to you in association with The Center for Medical Weight Loss (“CMWL”, “We” “Our” or “Us” ) takes your (“You”, “Your”) privacy seriously. This policy (“Privacy Policy”) outlines and governs the parties’ respective legal rights pertaining to the collection, use, protection, transfer and disclosure of Your i.) public and ii.) non public personally identifiable information, including but not limited to, full name, user name, passwords, physical address (or at least zip code), email address, telephone number, gender, birth date, height, weight and age, (collectively, “PII”), submitted to FITNESSWATCH-MD.COM AND CMWL when using either our centerformedicalweightloss.com or mdbethin.com websites (collectively the “Site”), and the Services.

Note – all capital terms not defined herein are defined in the Terms of Service.

TERMS OF SERVICE

This Privacy Policy is part of Our Terms of Service (“TOS”) and/or other agreements between You and FitnessWatch-MD.com and CMWL. Please refer to said TOS regarding Your rights and obligations with respect to Your use of our Services and Site. All terms not otherwise defined herein have the meaning ascribed to them in Our TOS. Any terms in the TOS that conflict with terms provided for herein, shall supersede the terms provided herein.It is therefore important You review Our TOS and this Privacy Policy before You submit any information to FITNESSWATCH-MD.COM AND CMWL.

NOTICE OF COLLECTION OF INFORMATION

FitnessWatch-MD.com and CMWL shall collect user submitted PII from You when visiting, interacting, communicating or otherwise using this Site or the Services. We may also record and collect information about Your usage of Our Services or Our Site. By way of example and not limitation, We may log/record what downloads, purchases or subscriptions You make, how you pay for those acquisitions, what type of items You purchase from Our Service, billing information, what preferences You select, what type of computer You use to access the Services and/or how long Your browsing sessions last on Our Site. We may associate such recorded information with You and Your account. We may also use such recorded information in non-personally identifiable aggregate form (“Non-PII”). Such Non-PII may include without limitation any of the above data in aggregate statistical form, for example: the total number of Downloads or pages from the Site viewed for a certain period, time spent using certain Services, aggregate user data, demographic data, cookies, operating systems, mobile settings, browser and device types, and other information which does not specifically identify any one individual. All such Non-PII may be used by FitnessWatch-MD.com and CMWL in this form at its sole discretion for any reason and also may be shared byFitnessWatch-MD.com and CMWL without limitation to any number of third parties at its own sole discretion. Any PII or content You voluntarily disclose on or in a publicly available discussion board, message forum, etc. shall be considered Non-PII submitted to the general public and can, in turn, be used by any person or entity viewing such information.

COOKIES

A “cookie” is a small text file that is stored on a user”s computer. Cookies are used for record-keeping purposes and facilitate and greatly enhance Your communication and interaction with Our Site. Many web sites use cookies for these purposes. We may use cookies and log file information to: (a) properly administer Our system and improve its performance; (b) store information so that You will not have to re-enter it during Your visit or the next time You use the Services or visit Our Site; (c) provide You a customized, personalized user experience with customized and personalized content and information; (d) monitor the effectiveness of Our marketing campaigns; (e) monitor aggregate metrics/statistics such as total number of visitors, Downloads, pages viewed, etc.; and (f) track Your Downloads, entries, submissions, general usage and status in promotions, sweepstakes, and contests. In addition, We and third parties may use clear GIFs, web beacons and other methods in communications to You to track the usage of such communications in much the same manner as usage of Our Site and Services is tracked. You may stop or restrict the placement of cookies on Your computer, including third party cookies, or delete them from Your browser or computer by adjusting Your computer preferences, in which case You may still use Our Services/Site, but it may interfere with some of its functionality. Unless You have adjusted Your computer”s setting so that it will refuse cookies, Our system will issue cookies when You access Our Site or use Our Services. Please note that, if You reject cookies or disable cookies in Your web browser or computer, You may not be able to use Our Site or Services, or the experience may require You to repeatedly enter certain information.

DATA INTEGRITY: THE USE OF YOUR INFORMATION

Except as otherwise set forth in Our TOS and this Privacy Policy, We will not trade, sell, transfer or disclose to any third party any form of Your PII without Your consent unless: 1. such third party is a related affiliate, subsidiary or parent company of FITNESSWATCH-MD.COM AND CMWL or a licensor of content or services offered to You through Our Service; 2. subject to your opt-out rights outlined below, such third party has a contractual relationship with FITNESSWATCH-MD.COM AND CMWL, and such contract allows and/or obligates it to use Your PII in a commercially reasonable manner consistent with applicable laws, and such PII is used to deliver targeted promotions, advertisements and opportunities that may be of interest to You; 3. the transfer or disclosure is necessary: (a) to conform to legal requirements or to respond to a subpoena, search warrant or other legal process or request from a local, state or federal government or administrative agency received by FITNESSWATCH-MD.COM AND CMWL, whether or not a response is required by applicable law; (b) to enforce Our TOS or to protect Our rights; (c) to protect the safety of members of the public and users of the Service; or (d) to properly operate, maintain or provide the Site or Services. 4. We do so in connection with a sale of some or all of FITNESSWATCH-MD.COM AND CMWL”s assets or the merger or reorganization of FITNESSWATCH-MD.COM AND CMWL”s business (including in the event that We sell or buy any business or assets, in which case We may disclose Your PII to the prospective seller or buyer of such business or assets); or 5. such third party is involved in processing payments for or otherwise involved in delivery of the Services that You have obtained or purchased from FITNESSWATCH-MD.COM AND CMWL. FITNESSWATCH-MD.COM AND CMWL attempts to work only with reputable partners whom We believe maintain high standards with respect to privacy and consumer rights. If You would like to report any concerns or problems with one of Our partners, email Us at privacy@mdbethin.com. If You utilize the function entitled “Ask The Doctor” on the Site, then any PII You provide will be transmitted to one of the FITNESSWATCH-MD.COM AND CMWL referral physicians based upon your zip code. If You enter into a relationship with a physician(s) to whom You are referred by FITNESSWATCH-MD.COM AND CMWL, that relationship is strictly between You and that physician(s). The only PII that may be shared with FITNESSWATCH-MD.COM AND CMWL is the email address You provided to the physician(s). All other PII (including medical data) that You provide to the physician(s) will remain confidential between You and the physician(s) and will not be shared with FITNESSWATCH-MD.COM AND CMWL. Non-PII aggregate data is also shared by the physician(s) with FITNESSWATCH-MD.COM AND CMWL for business reporting purposes.

CHOICE: YOUR RIGHT TO OPT-OUT

If You do not want FITNESSWATCH-MD.COM AND CMWL to share Your PII with a third party for any direct marketing purposes, You may opt-out of such disclosures by emailing Us at privacy@mdbethin.com. We will no longer make such disclosure once you have opted out. Since FITNESSWATCH-MD.COM AND CMWL must use Your PII in order to, among other things, provide You with, operate and maintain the Services, You cannot opt-out of all uses of Your PII specified herein (e.g. respond to subpoena, protect safety of public), unless You elect to cancel Our Services entirely. We are not responsible for removing Your PII from the lists of any third party who has previously been provided Your PII in accordance with this Privacy Policy. Once Your PII has been provided to a third party, FITNESSWATCH-MD.COM AND CMWL cannot retract said provision or otherwise recover said PII, but FITNESSWATCH-MD.COM AND CMWL will cease any further provision of additional PII to said third parties upon Your request. You may not opt out from receiving communications regarding technical or Service updates, modifications to the TOS, this Privacy Policy or the Services or billing information.

SECURITY: SAFEGUARDING YOUR INFORMATION

We use commercially reasonable precautions and industry standard physical, electronic and procedural security measures and confidentiality practices to protect Your information from loss, misuse and unauthorized access, disclosure, alteration and destruction. If You have an online account, it is secured by Your password, which should contain a combination of numbers, letters or symbols, based upon the requirements in the sign up procedures for establishing your password. You should regularly change your password and never share/disclose it with/to another. No system or Service, however, can give a 100% guaranty of security, especially a Service that relies upon the Internet. Therefore, please note that We cannot guarantee the security of Your information. Unauthorized entry or use, hardware or software failure, and many other factors may compromise the security of Your information at any time. As such, You assume this risk when using Our Services.

ACCESS TO ACCOUNT INFORMATION

You are solely responsible for ensuring all PII You submit to Us is reliable, current, complete and accurate. We use commercially reasonable efforts to make sure You may update, correct, remove or otherwise modify certain portions of Your PII at anytime. You may not edit Your purchase history or other transactional data. You may not access Your PII, however, if such access would violate a court order, jeopardize the security of Our Site or Services, where the burden or expense of providing access is disproportionate to the risks to Your privacy, or where the rights of other users/persons would be violated.

ENFORCEMENT

Employees and Contractors who violate Our Privacy Policy are subject to Our normal disciplinary process or contractual claims, including but not limited to termination.

CHANGES TO POLICY

This version of Our Privacy Policy has been updated as of the date set forth above and replaces any previous notices or statements from FITNESSWATCH-MD.COM AND CMWL on the same subject matter. We reserve the right, at Our discretion, to from time-to-time change, modify, add, or remove portions from this Privacy Policy at any time. We will notify You via email (if You have provided Us Your email address) and by placing a prominent notice on Our Site for thirty (30) days prior to the effective date of the changes and will indicate the effective date at the start of this Privacy Policy. Your continued use of Our Site or Services following the effective date of such changes means You accept such changes and will bind You to the modified Privacy Policy. If You do not wish to accept said changes to this Privacy Policy or be subject to the privacy practices as modified, You must cancel/terminate Your Customer relationship with Us or alternatively, to the extent possible, opt out of said objectionable practice. You must follow the cancellation/termination procedures in our TOS to cancel/terminate Our relationship.

COMMUNICATIONS

You should be aware that any PII which You voluntarily include and transmit through publicly accessible forums may be viewed and used by anyone with access to such forums. FITNESSWATCH-MD.COM AND CMWL is unable to control such uses of Your PII, and by using such Services You assume the risk that the PII provided by You may be viewed and used by third parties.

MEASURES YOU MUST TAKE TO PROTECT YOUR OWN PRIVACY

Please be careful and responsible whenever You are using this Site. For example, make sure You sign out or close Your computer”s browser once You have finished your session on this Site, as this will help prevent others from accessing Your PII. If You share a computer with someone or are using a computer in a public/semi-public environment such as an internet cafe, educational institution, library, etc. You are responsible for the security of and access to Your computer and therefore Your account and its information. Finally, remember that You are responsible for protecting Your username and password and any other account information.

THIRD PARTY WEB SITES AND SERVICES

Our Services may contain links to other web sites and services. In addition, other web sites and services may also reference or link to this site. If You follow a link to any of these third party web sites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies. We encourage You to be aware when You leave this Site, or surf the Internet, and to read the privacy statements of each and every web site and service that You visit before You submit any PII to these websites. We do not endorse, screen or approve, and are not responsible for the privacy practices or the content of, such other web sites and services.

This Privacy Policy applies solely to information collected by FitnessWatch-MD.com through Our Site and Services. We do not assume any liability for third parties that have been provided with PII as permitted by this Privacy Policy or who have collected PII as permitted by this Privacy Policy (such as advertisers using third party cookies).

QUESTIONS

If You wish to have a question answered regarding this Site, Our Services or this Privacy Policy or You wish to have a privacy concern investigated, email us at lconnelly@cmwl.com.