Privacy Policy

This written policy (the "Privacy Policy") is designed to tell you about our privacy practices for the websites, including mobile websites, where it is posted. This includes all of the Adaptive Health company websites (including any pre-sale pages), which are all owned and operated by Adaptive Health and its affiliates including Healthy Directions, LLC ("Adaptive Health", "we", "us" or "our"). When you use any of our websites, we may collect, use and disclose information that you may provide to us through such website or certain related services. This Privacy Policy explains how we handle the information we may hold about you. Please be sure to read this entire Privacy Policy before using, or submitting information, to the website on which this Privacy Policy is posted.

POLICY

Our policy for all our websites is to respect and protect the privacy of our users. To fulfill this policy, we exercise the precautions set forth in this Privacy Policy to maintain the confidentiality of information provided by you in connection with accessing and using our websites.

We collect your Personal Information as in order to:
•  Respond to requests and queries you submit to us;
•  Allow you submit orders for our products through our brand websites;
•  Create and maintain a unique portal account for you, where available on our website;
•  Process payment transactions and send you the products you purchase through our brand websites;
•  Communicate with you about your purchase orders, or communicate our email newsletter to you, if you make a purchase on our online store or opt-in to receive these communications;
•  Understand your preferences and tailor offers and services to you based on these preferences; and
•  Conduct analyses and evaluations to understand consumer trends and usage related to our products in order to improve our websites, services and marketing communications.

By consenting to our collection, use and disclosure of your Personal Information through your use of our website and services, you will allow us to fulfill the purposes for which we collect your Personal Information, as described above and in this Policy.

YOUR CONSENT

This Privacy Policy sets forth our current policies and practices with respect to Personal Information of the users of any of our websites. "Personal Information" is any information about an identifiable individual, which includes information such as full name, e-mail address, mailing address, phone number and sales delivery, billing and credit card information. By using our websites, you agree with the terms of this Privacy Policy. Whenever you submit information to us through our websites, you consent to the collection, use, and disclosure of that information in accordance with this Privacy Policy. You can withdraw your consent at any time. However, if you choose to do so, we may not be able to offer you the functionality and services of our websites (for example, if you do not provide your payment information, we cannot process an order for you through our website).

OUR COMMITMENT TO CHILDREN'S PRIVACY

Protecting the privacy of the very young is especially important. Our websites are not intended for people under the age of majority in their province or territory of residence ("Minors") without the consent from a parent or guardian. We never collect or maintain information on our websites from persons we know to be Minors, and no part of any of our website is designed to attract Minors. We encourage parents to talk to their children about their use of the Internet and the information they disclose to websites.

ACTIVE INFORMATION COLLECTION

Like many websites, our websites actively collect information from visitors both by asking you specific questions and by permitting you to communicate directly with us via e-mail and/or feedback forms. Some of the information that you submit may be Personal Information.

Some areas of our websites may require you to submit information in order for you to benefit from the specified features we offer (such as newsletter subscriptions, tips/pointers, order processing) or to voluntarily participate in a particular activity (such as sweepstakes, contests, or other promotions). You will be informed at each information collection point what information is required and what information is optional.

DISCLOSURE OF INFORMATION

We may disclose your Personal Information to contractors, service providers or third-party marketers that help us provide services, deliver products or advertisements to you ("Service Providers"). For example, we will disclose your billing information to payment processors to process the transaction, we will disclose your shipping address to fulfillment and shipping contractors to deliver a product to you, and we may disclose your email address to email fulfillment contractors to send you emails from us. These Service Providers are not authorized by us to use or disclose the information we share with them except as necessary to perform the services on our behalf or to comply with legal requirements. Some Service Providers may be located outside of the United States or Canada. You can email us at [email protected] if you want to learn more about how our Service Providers use your information.

We may share some or all of your Personal Information with our parent company, any subsidiaries, joint ventures, or other companies under a common control, in which case we will require these affiliates to honor this Privacy Policy.

If our company or our assets are acquired by another company, that company will possess the Personal Information collected by us and it will assume the rights and obligations regarding your Personal Information as described in this Privacy Policy.

We may disclose your Personal Information in certain other situations such as: (a) where we are authorized by law to do so (including to comply with relevant laws or to respond to subpoenas judicial proceeding, court orders or warrants served on us); (b) when you have consented to the disclosure; and (c) to protect and defend our rights or property or the rights or property of third parties (including to establish or collect amounts owed to us).

From time to time, we make the email addresses of those who opt-in to receive promotional communications to other reputable organizations whose products or services we think you might find interesting. If you do not want us to share your email address with other companies or organizations, please let us know by contacting us through the contact details provided at the end of this Policy.

If you supply us with your telephone number, you may receive telephone contact (live, automated, pre-recorded or text message) from us, our subsidiaries, affiliates, or agents with information regarding products and services or upcoming events. By agreeing to this Privacy Policy, you agree that your telephone company may impose charges on you for these contacts. If you do not wish to receive such telephone calls, please let us know by emailing us at [email protected].

We engage with third party marketing platforms (such as Google, Yahoo and Facebook) to drive website traffic, raise brand awareness and for product promotion. If you would like to know (1) the categories of Personal Information that we disclosed in the prior calendar year to third parties about you for the purposes of the third party marketing and/or (2) the names and addresses of such third parties, please contact us at [email protected].

We may also share non-Personal Information such as statistical summary data or aggregate analytics data with partners and other third parties (such as Google) at our discretion.

If we do combine non-personal information with personal information, the combined information will be treated as personal information for as long as it remains combined.

OPT-OUT PROCEDURES

If you have opted-in to receive our promotional emails, made a purchase through one of our websites, or submitted an inquiry to any of our websites, you may always opt-out of receiving promotional email communications from us. To stop receiving such communications from us, please click the unsubscribe link available in each promotional email or email us at [email protected].

SECURITY OF INFORMATION

All information collected by us is maintained in a reasonable manner and pursuant to applicable law. The importance of security for all Personal Information associated with those who access or use our websites and the services they offer is of utmost concern to us. We employ commercially reasonable physical, technological, and administrative safeguards to protect your Personal Information. Your Personal Information resides on a secure server that only selected Adaptive Health employees and contractors have access to via password. In order to most efficiently serve you, credit card transactions and order fulfillment are handled by established third-party banking, processing agents and distribution institutions that employ appropriate security safeguards. They receive the information needed to verify and authorize your credit card or other payment information and to process and ship your order.

Unfortunately, no data transmission over the internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your Personal Information, you acknowledge that: (a) there are security and privacy limitations of the internet which are beyond our control; (b) the security, integrity, and privacy of any and all information and data exchanged between you and us through our websites cannot be guaranteed; and (c) any such information and data may be viewed or tampered with in transit by a third party. Moreover, where you use passwords, ID numbers, or other special access features on our website(s), it is your responsibility to safeguard them and utilize strong, complex passwords. If you have a user account on any of our websites, you agree to maintain the confidentiality of your account details and notify us immediately of any unauthorized use of your account or any other security breach relating to your account. We are not liable for any loss or damage arising out of your failure to comply with this section.

PASSIVE INFORMATION COLLECTION

As you navigate through a website, certain information can be passively collected (that is, gathered without your actively providing the information) using various technologies and means, such as Internet Protocol addresses, cookies, Internet tags, and navigational data collection.

Our websites may use Internet Protocol (IP) addresses. An IP Address is a number assigned to your computer by your Internet service provider so you can access the Internet. We use your IP address to diagnose problems with our server, report aggregate information, determine the fastest route for your computer to use in connecting to our websites, optimize marketing initiatives, and administer and improve services to our consumers.

A "cookie" is a bit of information that a website sends to your web browser that helps the site remember information about you and your preferences.

"Session cookies" are temporary bits of information that are erased once you exit your web browser window or otherwise turn your computer off. Session cookies are used to improve navigation on websites and to collect aggregate statistical information. Our websites use session cookies.

"Persistent cookies" are more permanent bits of information that are placed on the hard drive of your computer and stay there unless you delete the cookie. Persistent cookies store information on your computer for a number of purposes, such as retrieving certain information you have previously provided (e.g., username), helping to determine what areas of the website visitors find most valuable, and customizing the website based on your preferences. Our websites use persistent cookies.

"Internet tags" (also known as single-pixel GIFs, clear GIFs, invisible GIFs, and 1-by-1 GIFs) are smaller than cookies and tell the website server information such as the IP address and browser type related to the visitor's computer. Our websites use Internet tags.

"Navigational data" ("log files," "server logs," and "clickstream" data) and "Internet Tags" are used for system management, to improve the content of the site, market research purposes, and to communicate information to visitors. Our websites use navigational data.

You may choose to decline cookies if your browser permits, but doing so may affect your use of our websites and your ability to access certain features or engage in transactions through our websites.

Our websites may also engage in interest-based/online behavioral advertising, which includes ads served to you after you leave our websites, encouraging you to return. These ads are served to you through websites, apps, or emails, based on your shopping habits or other online activities (such as those tracked using the passive tracking technologies described above). We might serve these ads, or third parties may serve these ads about our products or other companies’ products. As a consumer you have the ability to opt-out of having your online behavior recorded and used to serve ads. For more information on how to opt-out, please visit: aboutads.info.

Some of our websites may also utilize web analytics tools to monitor customers’ access of our websites. Examples of these services include Google Analytics and HotJar. For more information related to how Google Analytics and HotJar use data when you use or visit our site, and how to disable that tracking, please visit their privacy policies at:
•  www.google.com/policies/privacy/partners
•  www.hotjar.com/privacy

Collection and Disclosure or Use of Non-Personal Information

We may also collect data in a form that cannot identify a specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of how we may collect and use non-personal information:
•  We may collect information related to your, language, zip code, area code, unique device identifier, referring URL, location, and the time zone from where our Websites are accessed so that we can better understand customer behavior and improve our products, services, and advertising.
•  We may collect information regarding customer activities on our website. This information is aggregated and analyzed to help us provide more useful information to our customers and to understand which parts of our website, products, and services are of most interest to them. Aggregate data is considered non‑personal information under this Privacy Policy.

LINKS

Like many other websites, our websites may contain links to websites of third parties not affiliated with us. These links are provided for your convenience only. This Privacy Policy will not apply to these third-party websites and Adaptive Health is not responsible for the privacy practices or the content on any of these other websites, even where these third-party sites indicate a special relationship or "partnership" with us. We do not disclose personal information to any third party linked sites. The linked sites, however, may collect Personal Information from you when you visit their site. To ensure protection of your privacy, always review the privacy policies of the sites you visit when you click on links on our websites.

ACCESSING, UPDATING AND CORRECTING YOUR INFORMATION

You have a right to review any of the information that we hold about you and learn about how we have used it or to whom we have disclosed it by contacting us. Subject to any exceptions prescribed by law, you can access and correct your Personal Information and challenge the accuracy and completeness of the information we have about you. If you have created a user account on a customer portal, you can also view, update or correct your information through your account settings. Additionally, you can control what some advertisers can collect and use about you by visiting the following links: http://www.aboutads.info/choices, and https://youradchoices.com/appchoices (for mobile users).

However, we may deny access when required or authorized by law. For example, we may deny access when granting access would have an unreasonable impact on other people’s privacy or when necessary to protect our confidential commercial information and the requested information cannot be severed from the balance of the record in which it is contained. If we deny your request for access to, or refuse a request to correct information, we shall explain why.

We keep your information as long as reasonably required to complete our dealings with you (e.g. to complete a transaction with you), or as required by law, whichever is longer. Subject to applicable law, you can also request that we remove your information from our records, correct errors in your data, or ask for a copy of the data we have about you by emailing us at [email protected]. Subject to our requirements for continued retention of your information (i.e., billing, audit, or warranty purposes) or to fulfill our legal obligations, we will make reasonable efforts to honor your request.

Copyright

Portions of our websites allow you to provide your own content for use or display. These include reviews of our products and other “User Generated Content.” By providing this content, you agree and acknowledge that you will not submit or link to any User Generated Content which is defamatory, abusive, hateful, threatening, spam or spam-like, likely to offend, contains adult or objectionable content, contains personal information of others, risks copyright infringement, encourages unlawful activity, or otherwise violates any laws. All User Generated Content you submit, or upload may be reviewed by our staff members. All User Generated Content you submit, or upload may be sent to third-party verification services (including, but not limited to, spam prevention services). Do not submit any User Generated Content that you consider to be private or confidential. We reserve the right to remove or modify any User Generated Content submitted for any reason without explanation. Requests for Content to be removed or modified will be undertaken only at our discretion. By submitting User Generated Content, you agree to grant us a non-exclusive, permanent, irrevocable, unlimited license to use, publish, or re-publish your User Generated Content in connection with our products and services.

If you are a copyright owner, and believe that User Generated Content on our websites may be in violation of your copyrights, and does not constitute fair use, please contact us at:

[email protected]

California Privacy Disclosure

Do Not Track. We do not track our customers over time, across sessions, or across third party websites to provide targeted advertising. We do track which of our websites you initially view and aggregate information about how many visitors each of our pages receive. The tools we use to perform this tracking, including Google Analytics, Matomo, HotJar and Adobe Analytics all respect Do Not Track signals from your browser.

Notice for Minors. Some of our websites have interactive aspects that allow you to post content publicly. You may request that we remove this content, and you may do so by contacting us at [email protected]. While we offer this ability to our visitors, please be aware that it may not be possible to completely remove it (for technical, legal, or other reasons).

Adaptive Health’s Privacy Policy can be found at: https://adaptivehealth.com/privacy

California Consumer Privacy Act Notices

California Residents: New changes to California law require that we provide you with certain notices and information about how you can control the data we possess about you. These notices are as follows:

Notice of Right to Opt-Out of the Sale of personal Information

Under California law, residents of California may request that Adaptive Health cease selling or sharing their personal information under the terms of this Policy. (“Request to Opt Out.”) To make such a request, email us or go to https://adaptivehealth.com/contact, and provide us with the following information in the box at the bottom of the page:
•   Name
•   Address
•   Phone number
•   That you are requesting to be opted-out of the sale of your personal information.

If we are able to find your information in our system, we will complete your request and forward it to those entities with which we sell or share data, and send you a confirmation. Alternatively, please call us at 1-855-714-3234 and a Customer Service team member can lead you through the process.

Notice of Right to Delete and Right to Know

California law also provides consumers with two additional rights. The first is the right to ask that we delete their information that we have collected or maintain. (“Request to Delete.”) The second is the right to request that we disclose what personal information we collect, use, disclose and sell about our Customers. (“Request to Know.”)

To a Request to Know or a Request to Delete, email us or go to https://adaptivehealth.com/contact, and provide us with the following information:
•   Name
•   Address
•   Phone number
•   The nature of your request.

Under the law we must verify your request. With the information above, we will attempt to verify individuals making a request are the individuals the requested data is about. Once your request is verified, we will complete your request send you a confirmation and an email with any requested information. Alternatively, please call us at 1-855-714-3234 and a Customer Service team member can lead you through the process. If it is determined that we do not have a record of your information in our systems, or if we cannot verify your request, we will contact you and explain why your request could not be completed. Please note, the deletion of your data may prevent us from processing returns or refunds. By making and confirming a Request to Delete you acknowledge this and understand that you are waiving our return policy. Also, we will delete all data we are not otherwise required to retain under the law, or data that is exempt from deletion under the California Consumer Privacy Act.

Please note that a record of your request will be retained as required by California law.

Use of authorized agents

You may use an authorized agent to make a Request to Opt-Out, a Request to Know, or a Request to Delete. To do so, please have your authorized agent contact us using one of the methods, and providing the requested information above, to make the request. Please note that your agent must provide us with a signed document evidencing your authorization for the agent to operate on your behalf related to these requests. We may also ask to contact you to verify the request.

Please note that under the California Regulations and the California Consumer Privacy Act, a copy of your agent’s request will be kept.

If any request under California law is denied or denied in part, you will be alerted to that fact and provided an explanation.

Collection of Consumer Information

Adaptive Health and its subsidiary companies collect certain personal information about our customers. We collect this information solely to provide our consumers with excellent goods and services, and only collect and use the least amount of information required to do so. This information may be provided to our trusted data-privacy partners and with our affiliated companies so we can serve you better. The data we collect, and use may include:

Passively collected data:
•   IP Address
•   Browser information
•   Which of our pages you view

Actively Collected Data if you purchase products from us:
•   Name
•   Address
•   Email address
•   Payment card data
•   Phone number

We only share this data with our trusted business partners to help us serve you, our customers. Specifically, may share:
•   your browsing information with our partners to better optimize the performance and speed of our website and online services.
•   your billing information and shipping information with our partners responsible for processing your purchases and delivering your orders.
•   your purchase and contact information with our third-party customer service partners, such as our Customer Service call center, that help us provide prompt and accurate customer service.
•   your IP address and browsing information in order to provide you with more relevant advertising.
•   your email address and browsing information with our partners to allow us to contact you in the event there may be an issue with your order or in the case of technical issues with our sites.

Adaptive Health does not knowingly sell the personal information of minors under the age of 16 without receiving affirmative authorization.

Right to Non-Discrimination For the Exercise of your Rights

Adaptive Health does not discriminate against any customer or individual who exercises their rights under California Law. The exercise of the Right to Delete, may, however, prevent Adaptive Health or one of its subsidiary companies from providing a refund for purchased products after a certain amount of time. If you have questions about this, please email [email protected]. Additionally, Adaptive Health does not offer differing services to customers that permit or deny Adaptive Health from selling or sharing their personal information, and no financial incentives are available for allowing the sale or sharing of personal information.

CHANGES TO THIS PRIVACY POLICY

This Privacy Policy may change over time. We will post the updated Privacy Policy to our websites or, if we make any substantive changes and you have an account on one or more of our websites, we will notify you by e-mail to the e-mail address associated with your account. If you do not accept the changed version (for example, if you do not approve of a different way that we intend to use Personal Information) you may let us know by letter or e-mail at [email protected]. If you do not respond with any objections, we will assume that you consent to changes in the Privacy Policy. Changes will not apply retroactively to Personal Information that was collected before the changes to the Privacy Policy, except as may be required by law.

HOW TO CONTACT US

If you have any questions, comments, or concerns about this Privacy Policy or the information practices of this site, please contact us via email at [email protected] or write to us at:

Adaptive Health LLC
615 South College St, Suite 1300
Charlotte, NC 28202
USA

Last Updated December 30th, 2019