the2ofyou Privacy Statement
the2ofyou is committed to protecting your privacy. We have prepared this Privacy Statement to describe to you our practices regarding the Personal Data we collect from users of our services.
A Note to Non-U.S. Users
YOU EXPRESSLY CONSENT TO THE PROCESSING OF YOUR PERSONAL DATA IN ACCORDANCE WITH THIS PRIVACY STATEMENT. YOUR PERSONAL DATA MAY BE PROCESSED IN THE UNITED STATES. UNITED STATES LAWS REGARDING PROCESSING OF PERSONAL DATA MAY BE LESS STRINGENT THAN THE LAWS IN YOUR COUNTRY.
A Note to California and Canada Users
California and Canada residents have the right to know how their information may be shared with third parties who engage in direct marketing activities, and this Privacy Policy explains our practices and how you can opt out of having your information shared for such purposes.
Types of Data We Collect
the2ofyou collects Personal Data, Personal Postal Data, and Anonymous Data when you visit our site or when you send us information or communications. "Personal Data" means data that allows someone to identify or contact you, including, for example, your name and e-mail address as well as any information about you that is associated with or linked to any of the foregoing data. "Personal Postal Data" means data that allows someone to identify or contact you via your name and mailing address. "Anonymous Data" means data that is not associated with or linked to your Personal Data; Anonymous Data does not permit the identification of individual persons. We collect Personal Data and Anonymous Data as described below.
Personal Data You Provide to Us
We collect Personal Data from you, such as your name, e-mail address, country of residence, zip code or mail code, gender, and/or birth date when you register for a membership with us or when you choose to use the various services we provide on our site. We also collect other types of Personal Data that you provide to us voluntarily, such information when you respond to surveys, assessments, and questionnaires. If you provide us feedback regarding our site or services via e-mail, we will collect your name and e-mail address in order to send you a reply.
In order to improve our services to you, we may ask you to voluntarily complete confidential surveys. We do not ask you to provide us any personally identifiable data in association with these surveys, although we do associate your responses with Personal Data. If you do not wish to participate in a survey, however, simply decline to participate when asked.
Personal Data Collected via Technology
To make our services more useful to you, we use technological means to collect Personal Data from you, including the Uniform Resource Locator (URL) you just came from, the URL you go to next, your browser type, and your Internet Protocol (IP) address. We also use cookies or clear GIFs to collect Personal Data from you about your use of our site or e-mails we send you. You expressly consent to our use of cookies and clear GIFs when you use our services.
An "IP Address" is a number that is automatically assigned to your computer when you use the Internet. In some cases, your IP address stays the same from browser session to browser session; but if you use a consumer Internet access provider, your IP address probably varies from session to session. We track IP addresses solely in conjunction with session cookies to analyze our Web page flow.
"Cookies" are small pieces of information that a Web site sends to your computer's hard drive while you are viewing a Web site. the2ofyou uses both session cookies (which expire once you close your Web browser) and persistent cookies (which stay on your computer until you delete them) to provide you with a more personal and interactive experience on our site. You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can disable this function by changing the cookie profile on your computer's Web browser. If you disable your cookies, however, you will not have access to certain features of our site, such as "Remember My Password" or interactive quizzes. the2ofyou does not store any Personal Data in cookies on your computer (other than the cookie itself).
"Clear GIFs" are clear electronic images that are used to track your movements on our site. They help us to determine whether content on our site is effective. We also use clear GIFs in HTML-based e-mails to let us know which e-mails have been opened and acted upon by recipients (including any persons to which the e-mails have been forwarded). Clear GIFs on our sites collect only a limited set of information including a cookie number, time and date of a page view, and a description of the page on which the clear GIF resides. This information helps us assess the effectiveness of certain communications and marketing campaigns.
Personal Data That We Collect from You About Others
If you decide to invite a friend or family member to join the2ofyou we will collect your name and e-mail address as well as your friend's or family member's e-mail address in order to send this e-mail. This information is used once only and is not saved in our database, with the exception of the the2ofyou Challenge, in which case the friend's e-mail address is stored only for Challenge participation purposes. If you decide to invite a friend or family member to take the the2ofyou Test, we will collect and save the friend's or family member's e-mail address into our database, as we would for anyone who registers on the the2ofyou site.
Personally Identifying Data Collected by Third Parties
Except as otherwise expressly provided in this Privacy Statement, only the2ofyou collects Personally Identifying Data through the services provided solely by the2ofyou; this Privacy Statement applies only to the use and disclosure of Personally Identifying Data that we collect while you use our services.
We use third-party advertising companies to serve ads when you visit our Web site. These companies may use information (not including your name, e-mail address, or postal address) about your visits to this and other Web sites in order to provide advertisements about goods and services of interest to you. Furthermore, when you click on such advertisements or links, you will leave our site and go to another site. During this process, a third party (including a third-party advertising service that may provide services to an advertiser) may collect Personally Identifying Data or Anonymous Data from you, such as the URL you just came from, the URL you go to next, your browser type, and your IP address. Our display of advertisements or links to any other company or site is for your convenience and does not signify our endorsement of such company or site (or the contents of the site). We have no control over, we do not review, and our Privacy Statement does not apply to these other companies, sites, or content, or to any collection of data after you click on an advertisement of or link to a third party.
Use of Your Data
the2ofyou uses your Personal Data to provide you with a customized Web experience and to provide services to you. Such services include processing your answers to quizzes to provide you with tailored information regarding your relationship, assigning new exercises, quizzes, activity suggestions, electronic newsletters and promotional e-mails to you if you have requested to receive such communications from us (as described below). We also use Personal Data to notify you about updates to our services and to respond to your requests.
We may create Anonymous Data records from Personal Data by excluding information (such as your name) that makes the data personally identifiable to you. We use this Anonymous Data to perform statistical analyses of users' aggregate behavior so that we may enhance the content of our services and improve site navigation. the2ofyou reserves the right to use and disclose Anonymous Data to third parties in its discretion.
If you elect to say yes to becoming a free the2ofyou Member (as described below), we will periodically send you free newsletters and e-mails that directly promote the use of our site(s) or the purchase of our products or services and may contain, in whole or in part, advertisements for third parties which relate to marketed products of selected the2ofyou partners.
Disclosure of Your Personal Data and Personal Postal Data
Except as otherwise stated in this policy, we do not sell, trade, or rent the Personal Data collected from our services to third parties. However, we will share your Personal Data with third parties to fulfill the services that you have asked us to provide to you, including but not limited to sending you free newsletters and promotional e-mails. These third parties are required not to use your Personal Data other than to provide the services requested by the2ofyou. You expressly consent to the sharing of your Personal Data with our contractors and third-party service providers for the sole purpose of providing services to you.
If you send a testimonial or comment to us, we may post it on our site or use it in advertising materials. We will attribute your testimonial to you by posting your first and last initial or your first name and last initial next to your testimonial on our site or advertising materials, if provided.
Regardless of any choices you make regarding your Personal Data (as described below), the2ofyou may disclose Personal Data if it believes in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on the2ofyou; or (b) protect or defend the rights or property of the2ofyou or users of the2ofyou services.
the2ofyou is a company with either subsidiaries, joint ventures, or other companies under a common control (collectively, "affiliates"). We may share some or all of your Personal Data and Personal Postal Data with these affiliates, in which case we will require our affiliates to honor this Privacy Statement. If another company acquires our company or our assets, that company will possess the Personal Data and Personal Postal Data collected by it and us and will assume the rights and obligations regarding your Personal Data and Personal Postal Data as described in this Privacy Statement.
If you provide the2ofyou with Personal Postal Data, we may share your name and mailing address with our affiliates or other third-party businesses that offer goods or services that we believe may be of interest to our customers. Many customers appreciate the offerings they receive from such third parties; however, we allow you to opt out of having your Personal Data shared with affiliated or unaffiliated third parties for their direct marketing purposes. To submit such an opt-out request write to:
the2ofyou, Inc.
Address
Be sure to include your full name and address in your opt-out request in order to allow us to process your request.
Control of Your Personal Data
Your Choices Regarding Your Personal Data
We offer you choices regarding the collection, use, and sharing of your Personal Data. You may change such choices by visiting My Account.
When you say yes to becoming a free the2ofyou Member on our site, you will receive future communications from us. On the registration form on our site, by saying yes to becoming a free the2ofyou Member, and by checking the box that you agree to the2ofyou's privacy policy and terms and conditions, you consent to receipt of these communications. Should you decide to stop receiving further communications from us, you will have the opportunity to opt out by following the unsubscribe instructions provided in the e-mail you receive, or by going to My Account. If at any time you wish to subscribe to any communications from us, you may visit My Account. Despite your indicated e-mail preferences, we may send you notices of any updates to our Terms of Use or Privacy Statement.
Accessing, Reviewing, and Changing Your Personal Data
You may change any of your contact information in your account online by visiting My Account. Note that we may retain changed or deleted information in our archives.
Blogs, Video, and Other User-Generated Postings; Social Networking
If you elect to post material to any blogs or forums, participate in our social networking channels or mentoring features or other community features that may be offered from time to time on our sites, or if you elect to upload any photographs, audio, or video, you will be solely responsible for all content, messages, text, files, images, graphics, photos, audio clips, sounds, video or other materials (the "Postings"). You agree and warrant that any Postings you post to the sites will be true and accurate, will not defame any person or invade any person's privacy, and will not infringe the proprietary rights of any person. You agree not to furnish any Postings to which you do not own the rights. By furnishing Postings, you acknowledge that visitors to the sites may post comments about your Postings which may be derogatory, and that the2ofyou has no obligation to monitor or delete any such postings. You also acknowledge that any information you may receive from a mentor, expert or other advice-giver on our site is not a substitute for professional medical information or advice and is governed by the disclaimers and limitations set forth in our Terms of Use.
Please be aware that the2ofyou reserves the right, but not the obligation, to monitor Postings; however, the2ofyou does not and cannot monitor all of the Postings made to the sites; therefore, the2ofyou will not be responsible for the content of any Postings. the2ofyou has no obligation to verify the accuracy of any personally identifying information that is posted to our sites. However, the2ofyou does reserve the right to delete or edit any material in any Posting that is obscene, harassing, offensive, or otherwise objectionable and not in keeping with the community standards of the Web sites. If the2ofyou elects to edit any Postings, it nonetheless assumes no responsibility for the content of the Postings. Under no circumstances will the2ofyou be liable for any inaccuracy or defect in any Postings. We also expect our users to adhere to certain rules of the road. Therefore, you agree not to post, e-mail, or otherwise make available Postings:
- that are unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, or invasive of another's privacy or harmful to minors in any way;
- that harass, degrade, intimidate, or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- that include personal or identifying information about another person without that person's explicit consent;
- that are false, deceptive, misleading, deceitful, misinformative, constitute "bait and switch," or impersonation of any person or entity;
- that contain your own or a third party's advertising, branding, or promotional content;
- that infringe any proprietary rights, including copyright, of any party, or Postings that you do not have a right to make available;
- that restrict or inhibit any other user from using and enjoying the the2ofyou sites or the the2ofyou services offered on them.
Because the2ofyou does not monitor the Postings, you agree to use and rely on them at your own risk. the2ofyou cannot make any representation or warranty about the material contained in the Postings. the2ofyou likewise assumes no responsibility for any contact you may have with other users of our sites, either online or offline. If you elect to meet in person with someone you may meet on our sites, you do so at your own risk, and under no circumstances will the2ofyou be liable for any activity or injury that may occur.
Security of Your Personal Data
the2ofyou is committed to protecting the security of your Personal Data. We use a variety of industry-standard security technologies and procedures to help protect your Personal Data from unauthorized access, use, or disclosure.
On most of our sites, the2ofyou enables the use of Secure Sockets Layer (SSL) technology and Verisign Site ID, the industry leaders in providing secure communication over the Internet. SSL can be engaged by choosing to switch to SSL during any interaction in which you enter Personal Data. We also offer industry-standard secured-server transactions that encrypt your Personal Data when collecting your credit card information for online purchases. To verify that you have a secure server connection, look for the locked padlock symbol at the bottom of your browser window or the HTMLS-code in the site connection identifier.
the2ofyou has implemented other industry-standard electronic means of protecting your Personal Data. We store Personal Data behind a computer firewall, a barrier designed to prevent outsiders from accessing our servers. We also require you to enter a password to access your account information. In addition, the2ofyou protects your Personal Data from unauthorized physical access by storing your Personal Data in a controlled facility. Except as provided elsewhere in this Privacy Statement, the2ofyou limits access to Personal Data in electronic databases to those persons (including employees and contractors) in the2ofyou's organization who have a business need for such access.
Even though the2ofyou has taken significant steps to ensure that your Personal Data is not intercepted, accessed, used, or disclosed by unauthorized persons, you should know that the2ofyou cannot eliminate security risks associated with Personal Data.
Questions Regarding This Privacy Statement
Contact Information
the2ofyou welcomes your comments or questions regarding this Privacy Statement. Please e-mail us at info@the2ofyou.com.
For your information, the2ofyou is located at:
the2ofyou, Inc.
Address
Dispute Resolution
If you believe that the2ofyou has not adhered to this Statement, please contact the2ofyou by e-mail at info@the2ofyou.com. We will do our best to address your concerns. If you feel that your complaint has been addressed incompletely, we invite you to let us know for further investigation. If you and the2ofyou are unable to reach a resolution to the dispute, you and the2ofyou will settle the dispute exclusively under the rules of the American Arbitration Association ( HYPERLINK "http://www.adr.org" \t "_blank" www.adr.org).
Changes to This Privacy Statement
We may amend this Privacy Statement from time to time. If we make material changes in the way we collect, use, and/or share your Personal Data, we will notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our site. Any material changes to this Privacy Statement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our site. These changes will be effective immediately for new users of our services. Please note that at all times you are responsible for updating your Personal Data to provide us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. In any event, changes to this Privacy Statement may affect our use of Personal Data that you provided us prior to our notification to you of the changes. If you do not wish to permit changes in our use of your Personal Data, you must notify us prior to the effective date of the changes that you wish to deactivate your account with us.