Privacy Policy

Your privacy and the security of your personal information are very important to us. We want you to be as comfortable as possible visiting our Website and using our Online Services and Services. We are dedicated to protecting the privacy of those who visit our Website and use our services. This Privacy Policy governs our United States formavital.com Website and our Online Services, and explains how we collect your personal information on our Website, how we protect such information, and the choices you have concerning the use of such information. Please read this Privacy Policy carefully. As Formavital.com and Forma Vital, Inc. (collectively, “we”, “us”, or “our”) disclose in this Privacy Policy, we will not sell, share, license, trade, or rent your personal information to others.

We may amend this Privacy Policy from time to time. We will post any changes to this Privacy Policy here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this Privacy Policy on a regular basis. By using our Website or any of our products, offerings, features, tools or resources that we provide on our Website, including our products or offerings for personal digital assistants or other handheld or mobile devices (collectively, our “Handheld Products”), you agree to the terms of this Privacy Policy.

Please remember that this Privacy Policy applies only to information collected by our Website or through our Online Services. We are not responsible for the privacy of any information you reveal or post in any public forum (e.g., message board, blog, personal page, etc.) or for the privacy practices of websites that are operated or owned by third parties.

If you have questions or complaints regarding our privacy policy or practices, please contact us at info@formavital.com.

WHAT INFORMATION ABOUT YOU IS COLLECTED ON OUR WEBSITE OR THROUGH OUR ONLINE SERVICES?

WHERE AND WHEN IS INFORMATION COLLECTED ON OUR WEBSITE OR THROUGH OUR ONLINE SERVICES (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?

DO WE COLLECT INFORMATION FROM CHILDREN UNDER 18 YEARS OF AGE?

WHAT DO WE DO WITH THE INFORMATION WE COLLECT?

WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES?

DOES THIS PRIVACY POLICY APPLY WHEN YOU LINK TO OTHER WEBSITES?

IS THE INFORMATION WE COLLECT SECURE?

WHAT CHOICES DO YOU HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?

CAN YOU UPDATE OR CORRECT YOUR PERSONALLY IDENTIFIABLE INFORMATION?

HOW WILL YOU KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?

WHOM DO YOU CONTACT IF YOU HAVE ANY PRIVACY QUESTIONS?

WHAT INFORMATION ABOUT YOU IS COLLECTED ON OUR WEBSITE OR THROUGH OUR ONLINE SERVICES?

We collect two types of information: personally identifiable information and non-personally identifiable information.

Personally Identifiable Information.
Personally identifiable information is information that identifies you or can be used to identify or contact you (“Personally Identifiable Information”). Such Personally Identifiable Information may include your name, address, email address, telephone number, birth date (primarily for eligibility purposes) and billing and payment information. We may request Personally Identifiable Information from you when you register on our Website, subscribe to our Online Services, or in connection with other Online Services we may make available on our Website from time to time. In all of these cases, we will collect Personally Identifiable Information from you only if you voluntarily submit such information to us. Unless you give us permission to do so, we will not sell, share, license, trade or rent your Personally Identifiable Information other than as specified in this Privacy Policy.

You do not have to provide us with any Personally Identifiable Information to visit our Website. However, if you choose to withhold requested information, you may not be able to visit all sections of our Website or use all of our Online Services or Products, such as subscribing to our 4-Online Consultations Membership or posting content to any Public Rooms on our Website. A “Public room” means any blog, personal page, group page, chat room, message board, bulletin board, recipe shares, or similar activity. In addition, we may not be able to provide you with some of the other Online Services dependent upon the collection of such information.

Non-Personally Identifiable Information.
When you become a registered user of our Website, subscribe to one of our current Online Services, or in connection with other Online Services we may make available on our Website from time to time, we also may collect information that by itself cannot be used to identify or contact you, such as demographic information (like age, profession or gender) and health information (like current weight) (“Non-Personally Identifiable Information”). Non-Personally Identifiable Information may also include user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website. Non-Personally Identifiable Information is used to help us understand who uses our Website and to improve and market our Website in general and our Online Services in particular.

Information from Other Sources.
We may also supplement the information we collect with information from other sources to assist us in evaluating and improving our Website and Online Services, to determine your preferences so that we can tailor them to your needs.

WHERE AND WHEN IS INFORMATION COLLECTED ON OUR WEBSITE OR THROUGH OUR ONLINE SERVICES (INCLUDING THROUGH THE USE OF COOKIES AND ACTION TAGS)?

We may collect information (including information that is Personally Identifiable Information) from you in different manners and at different places and times on our Website, such as when you register for our Website or subscribe to one of our Online Services. We also may collect information from you in connection with, or through, other Online Services we may make available on our Website from time to time. The following is a description of the areas and/or manners in which we primarily collect information about you.

Becoming a Registered User and Subscription.
In order to access certain Online Services on our Website, such as our Public rooms, recipe and helpful tips database, you must first complete certain steps to become either a registered user or a subscriber. During these steps, you may be required to provide us with information (including Personally Identifiable Information) such as name, zip code and email address, and, if you subscribe to one of our Online Services, payment and billing information. This information is used to help us understand who uses our Website, to improve our Website and our Online Services, to contact users about requested Online Services and/or for subscription billing purposes. It is optional for you to provide demographic information (such as profession and number of children), but providing this information is encouraged so we can provide a more personalized experience on our Website.

Cookies and Action Tags.
We also collect Non-Personally Identifiable Information passively using “cookies” and “action tags.”

“Cookies” are small text files that are placed on your computer or mobile device in order to identify (i) your Web browser, (ii) the activities of your computer on our Website and (iii) your activity in connection with our advertisements and other marketing and promotional efforts. Cookies may be used to:

  • personalize your experience on our Website (e.g., to dynamically generate content on webpages specifically designed for you),
  • assist you in using our Online Services (e.g., to save you time by not having to reenter your name upon each visit to our Website), and
  • allow us to statistically monitor how you are using our Website for purposes of improving our online offerings.

We also may use cookies to conduct marketing and promotional efforts, tailor certain advertisements to your browser that we think may be of interest to you, or to determine the popularity of certain content. We may link the information stored in cookies to Personally Identifiable Information you provide us, and to personalize your Website experience we may store Personally Identifiable Information you provide us in an encrypted form in temporary or “session” cookies, which are erased when you close your browser.

You do not have to accept cookies to use our Website, however, you may not be able to use certain products, offerings, features, or resources of our Website (including our Online Services) if you do not accept cookies. Although most browsers are initially set to accept cookies, you may reset your browser to notify you when you receive a cookie or to reject cookies generally. Most browsers offer instructions on how to do so in the “Help” section of the toolbar.

“Action tags,” also known as web beacons or GIF tags, are a web technology used to help track anonymous website usage information, such as how many times a specific page has been viewed. Action tags are invisible to you, and any portion of our Website, including advertisements, or e-mail sent on our behalf, may contain action tags. Unlike cookies, action tags are not placed on your computer.

By using cookies and action tags together, we are able to gain valuable information to improve our Website and our Online Services and measure the effectiveness of our advertising and marketing campaigns. We do not disclose any of your Personally Identifiable Information to our advertising partners through the use of cookies or action tags.

Finally, please note that advertisers and other third parties may also use their own cookies or action tags when you view or click on their advertisement or link to their website or service, on or from our Website. This Privacy Policy does not govern the use by such third-party websites or providers of third-party advertising.

Social Media (Features) and Widgets
Our Website includes social media features, buttons and widgets provided by third party social media platforms such as Facebook and Twitter (collectively, the “Features”). A Feature may collect your IP address and which page you are visiting on our Website, and may set a cookie to enable the Feature to function properly. This cookie may allow the social media platform to link the foregoing data with your user profile. The Features are either hosted by the third party platform or directly on our Website. Your interactions with these Features are governed by the privacy policy of the relevant platform.

Facebook Connect or other OpenID provider
You can log in to our Website using sign-in services such as Facebook Connect or an Open ID provider. These services will authenticate your identity.

Online Services.
We collect information, some of which may be Personally Identifiable Information, that you voluntarily provide to us when you choose to use some of our Online Services (available either for free or on a subscription basis) such as the Public rooms. We also collect information that you provide voluntarily through responses to special Online Services such as surveys, questionnaires and the like. Some of these Online Services may ask you for health related information. We collect this information in order to personalize your online experience.

Handheld Products.
Information is also collected when you use our Handheld Products, including the software application needed to utilize the Handheld Products on your handheld device (the “Application”). During the installation of the Application and subsequent synchronizations, we collect Non-Personally Identifiable Information concerning your device (such as the specific type of operating system and hardware you have, and the amount of free and total memory) and the Application’s files on your device.

Our Handheld Products also collect information about your usage of the Application (such as the dates you last synced with the Internet or the dates you last used certain features). When you sync your device with the Website, we store some of this information.

Public Forums.
We feature public forums such as those contained in the Public rooms where you and other users of our Website can communicate with one another. THIS PRIVACY POLICY DOES NOT PROTECT YOU WHEN YOU USE OUR PUBLIC FORUMS OR PROVIDE INFORMATION (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION) ABOUT YOURSELF THROUGH ANY PUBLIC ROOM AVAILABLE ON OUR WEBSITE. You should think carefully before disclosing any information in any public space on our Website. For example, you should not select a username that includes personal information. To request removal of your personal information from our Public rooms, contact us at info@formavital.com or at 1-800-583-2824.

Log Files.
We also collect Non-Personally Identifiable Information through our Internet log files, which record data such as user IP addresses, browser types, domain names, and other anonymous statistical data involving the use of our Website. This information may be used to analyze trends, to administer the Website, to monitor our Website’s use, and to gather general demographic information. We may link this information to Personally Identifiable Information for these and other purposes such as personalizing your experience on our Website and evaluating our Online Servicess in general.

DO WE COLLECT INFORMATION FROM CHILDREN UNDER 18 YEARS OF AGE?
We are committed to protecting the privacy of children. Our Website and Online Services are not designed for or directed to children under the age of 18. We do not collect Personally Identifiable Information from any person we actually know is under the age of 18. We urge all parents or guardians to participate in their children’s exploration of the Internet, and to teach their children about protecting their personal information while online.

WHAT DO WE DO WITH THE INFORMATION WE COLLECT?
In general, we use the information collected on our Website and through our Online Services to help us understand who uses our Website and Online Services and how they are used, to personalize your experience, to assist you in using our Online Services, to improve our Website and Online Services, and for subscription billing purposes, if applicable. With respect to our Handheld Products, for example, we may use such information, among other things, to ensure that your handheld device is supported and that it has enough room for the Application, and to confirm which versions of the Application’s files are installed on your device.

If you become a registered user of our Website or subscribe to one of our Online Services, we may use your information to send you a welcoming email that may confirm your username. If you “opt-in” (for example, if you check a box, or if the box is pre-checked, you do not opt out by un-checking the box) we may send you electronic newsletters, contact you about Forma Vital products, services, information and news that may be of interest to you, and provide you with targeted feedback. If you no longer desire to receive these communications, we will provide you with an option to change your preferences. In addition, if you identify yourself to us by sending us an email with questions or comments, we may use your information (including Personally Identifiable Information) to respond to your questions or comments, and we may file your questions or comments for future reference. We may also use the information collected to contact you about important service announcements and updates regarding our Website or Online Services or, if you are a subscriber, about your billing account status. You will not be able to opt-out of these service announcements and updates as they contain important information relevant to your use of our Website and/or our Online Services and are not promotional in nature. (If you do not wish to receive these service announcements, you may cancel your account with us and delete the Personally Identifiable Information maintained about you on our systems by contacting us at info@formavital.com

In addition, we may use your information to contact you about Forma Vital products, services, information and news that may be of interest to you by postal mail if you become a registered user of our Website or subscribe to one of our Online Services.

We may also use the information gathered on our Website and through our Online Services to perform statistical analysis of user behavior, to analyze and evaluate issues relating to nutrition, weight-loss, behavior and fitness, or to evaluate and improve our Online Services. We may link some of this information to Personally Identifiable Information for internal purposes only or to assist you in your personal weight-loss efforts.

WHEN DO WE DISCLOSE INFORMATION TO THIRD PARTIES?
Except as set forth in this Privacy Policy or as specifically agreed to by you, we will not disclose any information we gather from you on our Website.

Laws and Legal Rights.
We may also disclose your information (including Personally Identifiable Information) if we believe in good faith that we are required to do so in order to comply with an applicable statute, regulation, rule or law, a subpoena, a search warrant, a court or regulatory order, or other valid legal process. We may disclose Personally Identifiable Information in special circumstances when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be violating our Terms & Conditions , or our Subscription Agreement or to protect the safety and/or security of our users, our Website or the general public.

Third Parties Generally.
We may provide to third parties information about you that does not allow you to be identified or contacted, including where such information is combined with similar information of other users of our Website. For example, we might inform third parties regarding the number of unique users who visit our Website, the demographic breakdown of the registered users of our Website, or the activities that visitors to our Website engage in while on our Website. The third parties to which we may provide this information may include potential or actual advertisers, providers of advertising services (including website tracking services), commercial partners, sponsors, licensees, researchers and other similar parties.

Outside Contractors.
We may employ independent contractors, vendors and suppliers (collectively, “Outside Contractors”) to provide specific services and products related to our Website or Online Services, such as providing payment processing and fraud screening, and developing applications for our Website and e-mail services. These Outside Contractors may sometimes have limited access to information collected on our Website, including your Personally Identifiable Information, in the course of providing products or services to us. Access to your Personally Identifiable Information by these contractors is limited to the information reasonably necessary in order for the Outside Contractors to perform their limited function for us. We also require that these Outside Contractors (i) protect the privacy of your Personally Identifiable Information consistent with this Privacy Policy, and (ii) not use or disclose your Personally Identifiable Information for any purpose other than providing us with products or services for which we contracted.

Third Party Sellers.
In addition, through our Website, you may be given the opportunity to purchase (or to obtain more information regarding) certain content, products or services which are sold through a person or company other than us (collectively, “Third Party Sellers”). We will attempt to make it clear to you when you are dealing with a Third Party Seller by opening a new browser or otherwise notifying you that you are leaving our Website. For example, if you see a phrase such as “powered by” or “brought to you by” followed by the name of a person or company other than Forma Vital, then you are likely on, or about to enter, a website hosted or operated by a person or company other than us. Third Party Sellers may request that you submit certain information to them in order to purchase their products or services or to obtain additional information from them. You do not need to submit this information or purchase any products or services from Third Party Sellers to access our Website. By submitting the requested information, you affirmatively consent to have that information shared with the Third Party Seller. This information is used by the Third Party Seller and may be subject to a different privacy policy. We do not otherwise share or disclose your Personally Identifiable Information to Third Party Sellers.

Sale of Business.
We reserve the right to transfer information to a third party in the event of a sale, merger or other transfer of all or substantially all of the assets of Forma Vital, Inc. provided that the third party agrees to adhere to the terms of this Privacy Policy. We will notify users of any such transfer through notice on our site and through email.

DOES THIS PRIVACY POLICY APPLY WHEN YOU LINK TO OTHER WEBSITES?
Our Website might contain links to other websites not owned or operated by Forma Vital, Inc. (for example, if you “click” on a banner advertisement, you will likely be taken off our Website). We will attempt to make it obvious to you when you leave our Website and enter these websites by opening a new browser or otherwise notifying you that you are leaving our Website. However, please be aware that we are not responsible for the privacy practices of such websites. We encourage you to be aware when our Website links to other websites and to read the privacy policies or statements of each and every website. This Privacy Policy applies solely to information collected by our Website or through our Online Services.

IS THE INFORMATION WE COLLECT SECURE?
We want your information (including Personally Identifiable Information) to remain as secure as possible. We strive to provide secure transmission of your information from your computer to our servers through industry-standard techniques. To help ensure the integrity and privacy of the Personally Identifiable Information you provide to us via the Internet at the time you elect to become a registered user or subscribe to our Online Services. We secure the Personally Identifiable Information you provide on servers located in controlled, secure environments, protected from unauthorized access, use, or alteration. Only employees who need access to your information to perform a specific task or function are granted access to such information. In addition, all Formavital.com employees must abide by this Privacy Policy and are kept up-to-date on security practices. Any employee who violates this Privacy Policy is subject to disciplinary action, up to and including termination.

Notwithstanding the above commitments to protect your information (including Personally Identifiable Information) from loss, misuse or alteration by third parties, you should be aware that there is always some risk involved in transmitting information over the Internet. There is also some risk that others could find a way to thwart our security systems. As a result, while we strive to protect your information, we cannot ensure or warrant the security and privacy of any information you transmit to us, and you do so at your own risk.

WHAT CHOICES DO YOU HAVE REGARDING THE COLLECTION, DISCLOSURE AND DISTRIBUTION OF PERSONALLY IDENTIFIABLE INFORMATION?
Except as otherwise described in this Privacy Policy, we will only use Personally Identifiable Information for the purposes described above or as otherwise disclosed at the time we request such information from you. You must “opt-in” and give us permission to use your Personally Identifiable Information for any other purpose. If you no longer wish to receive communications from us via postal mail, you may notify us by calling us at 1-800-583-2824. You may change your preference and “opt-out” of receiving other communications by changing that option.

CAN YOU UPDATE OR CORRECT YOUR PERSONALLY IDENTIFIABLE INFORMATION?
You can always contact us in order to (1) update or correct your Personally Identifiable Information, (2) change your preferences with respect to communications and other information you receive from us, or (3) delete the Personally Identifiable Information maintained about you on our systems, by accessing Account Settings or contacting us at by phone 800-583-2824. Such updates, corrections, changes and deletions will not have an effect on other information that we maintain, or information that we have provided to third parties in accordance with this Privacy Policy prior to such update, correction, change or deletion.

You should be aware that it is not technologically possible to remove each and every record of the information you have provided to us from our systems. The need to back-up our systems to protect information from inadvertent loss means that a copy of your Personally Identifiable Information may exist in a non-erasable form that will be difficult or impossible for us to locate. We promise that promptly after receiving your request, all Personally Identifiable Information stored in databases we actively use and other readily searchable media will be updated, corrected, changed or deleted, as appropriate, We will respond to your request within 30 days.

HOW WILL YOU KNOW IF THERE ARE ANY CHANGES TO THIS PRIVACY POLICY?
If we decide to change this Privacy Policy, we will post those changes on our Website so you are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use Personally Identifiable Information in a manner significantly different from that stated in this Privacy Policy, or otherwise disclosed to you, at the time it was collected, we will notify you by email or otherwise, and you will have a choice as to whether or not we use your Personally Identifiable Information in the new manner. We may also make non-significant changes to our Privacy Policy that generally will not affect our use of your Personally Identifiable Information. If you do not agree to the terms of this Privacy Policy, you should not use our Website.

WHOM DO YOU CONTACT IF YOU HAVE ANY PRIVACY QUESTIONS?
If you have any questions about our Privacy Policy or feel that we are not abiding by the terms of our posted Privacy Policy, please contact us in any of the following ways:

Email us at:
info@formavital.com

Or, write us at:
Forma Vital, Inc.
3034 Webb Chapel Ext.
Texas, 75220
Attn: Online Services Coordinator

BY USING OUR WEBSITE, YOU SIGNIFY YOUR ACCEPTANCE OF THIS PRIVACY POLICY. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY, YOU SHOULD NOT USE OUR WEBSITE. YOUR CONTINUED USE OF OUR WEBSITE FOLLOWING THE POSTING OF CHANGES TO THIS PRIVACY POLICY WILL MEAN THAT YOU ACCEPT THOSE CHANGES.

– Last modified as of December 12th, 2013